R.S., c. P-4
Patent Act50. Subsection 5(2) of the Patent Act is replaced by the following:Absence, inability to act or vacancy
(2) If the Commissioner is absent or unable to act or the office of Commissioner is vacant, the Assistant Commissioner or, if at the same time the Assistant Commissioner is absent or unable to act or the office of Assistant Commissioner is vacant, another officer designated by the Minister may exercise the powers and shall perform the duties of the Commissioner.51. Section 8 of the Act is repealed.52. Section 11 of the Act is repealed.53. (1) Subsection 12(1) of the Act is amended by adding the following after paragraph (g):(g.1) authorizing the Commissioner to waive, subject to any prescribed terms and conditions, the payment of a fee if the Commissioner is satisfied that the circumstances justify it;(2) Paragraph 12(1)(j.5) of the Act is replaced by the following:(j.5) respecting divisional applications, including the time period within which divisional applications may be filed and the persons who may file divisional applications;(j.51) defining “one invention” for the purposes of section 36;(3) Subsection 12(1) of the Act is amended by adding the following after paragraph (j.8):(j.81) respecting the correction of obvious errors in documents submitted to the Commissioner or the Patent Office or in patents or other documents issued under this Act, including(i) the determination of what constitutes an obvious error, and(ii) the effect of the correction;54. The Act is amended by adding the following after section 16:Privileged communication
16.1 (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding:(a) it is between an individual whose name is entered on the register of patent agents and that individual’s client;(b) it is intended to be confidential; and(c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of an invention.Waiver
(2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege.Exceptions
(3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c).Patent agents — country other than Canada
(4) A communication between an individual who is authorized to act as a patent agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between an individual whose name is entered on the register of patent agents and that individual’s client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c).Individual acting on behalf of patent agent or client
(5) For the purposes of this section, an individual whose name is entered on the register of patent agents or an individual who is authorized to act as a patent agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf.Application
(6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day.55. Section 26 of the Act is replaced by the following:Annual report
26. The Commissioner shall, in each year, cause to be prepared and laid before Parliament a report of the Commissioner’s activities under this Act.56. Subsection 26.1(1) of the Act is repealed.57. The portion of subsection 28.4(4) of the Act before paragraph (a) is replaced by the following:Multiple previously regularly filed applications
(4) If two or more applications have been previously regularly filed as described in paragraph 28.1(1)(a), subparagraph 28.2(1)(d)(i) or paragraph 78.3(1)(a) or (2)(a), either in or for the same country or in or for different countries,58. (1) Subsections 38.2(1) and (2) of the Act are replaced by the following:Amendments to specifications and drawings
38.2 (1) Subject to subsections (2) to (3.1) and the regulations, the specification and drawings contained in an application for a patent in Canada may be amended before the patent is issued.Restriction
(2) The specification and drawings contained in an application, other than a divisional application, may not be amended to add matter that cannot reasonably be inferred from the specification or drawings contained in the application on its filing date.(2) Subsection 38.2(4) of the Act is replaced by the following:Divisional application
(3.1) The specification and drawings contained in a divisional application may not be amended to add matter(a) that may not be or could not have been added, under subsection (2) or (3) or this subsection, to the specification and drawings contained in the application for a patent from which the divisional application results; or(b) that cannot reasonably be inferred from the specification or drawings contained in the divisional application on the date on which the Commissioner, in respect of that application, receives the prescribed documents and information or, if they are received on different dates, on the latest of those dates.Non-application of subsections (2) to (3.1)
(4) Subsections (2) to (3.1) do not apply if it is admitted in the specification that the matter is prior art with respect to the application.Application subject to regulations
(5) Subsections (2) to (3.1) apply subject to any regulations made under paragraph 12(1)(j.81).59. Subparagraph 55.11(1)(a)(iii) of the Act is replaced by the following:(iii) that was deemed abandoned under paragraph 73(1)(a), (b) or (e), under paragraph 73(1)(f) as it read at any time before the coming into force of this subparagraph or under subsection 73(2);60. Section 62 of the Act is repealed.61. (1) The portion of subsection 68(1) of the Act before paragraph (a) is replaced by the following:Contents of applications
68. (1) Every application presented to the Commissioner under section 65 shall(2) Subsection 68(2) of the Act is replaced by the following:Service
(2) The Commissioner shall consider the matters alleged in the application and declarations referred to in subsection (1) and, if satisfied that the applicant has a bona fide interest and that a case for relief has been made, the Commissioner shall direct the applicant to serve copies of the application and declarations on the patentee or the patentee’s representative for service and on any other persons appearing from the records of the Patent Office to be interested in the patent, and the applicant shall advertise the application both(a) in the Canada Gazette, and(b) on the website of the Canadian Intellectual Property Office or in any other prescribed location.62. (1) Subsection 73(1) of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).(2) Subsections 73(4) and (5) of the Act are replaced by the following:Filing date
(5) An application that is reinstated retains its filing date.63. Section 78 of the Act is replaced by the following:Time period extended
78. (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Commissioner, that time period is extended to the next day that is not a prescribed day or a designated day.Power to designate day
(2) The Commissioner may, on account of unforeseen circumstances and if the Commissioner is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Commissioner shall inform the public of that fact on the website of the Canadian Intellectual Property Office.64. Paragraphs 78.22(a) and (b) of the Act are replaced by the following:(a) the provisions of this Act as they read immediately before October 1, 1989, other than the definition “legal representatives” in section 2, subsections 4(2), 5(2) and 7(1), sections 8, 15 and 29, paragraph 31(2)(a) and sections 49 to 51 and 78; and(b) the definition “legal representatives” in section 2, subsections 4(2), 5(2) and 7(1), sections 8.1, 15 and 15.1, paragraph 31(2)(a) and sections 38.1, 49, 78 and 78.2.Replacement of “complémen­taire” and “complémen­taires”
65. The French version of the Act is amended by replacing “complémentaire” and “complémentaires” with “divisionnaire” and “divisionnaires”, respectively, with any grammatical adaptations, in the following provisions:(a) the heading before section 36;(b) subsections 36(2) to (4);(c) the portion of paragraph 55.11(1)(b) before subparagraph (i); and(d) paragraph 78.2(b).R.S., c. T-13
Trade-marks Act66. The Trade-marks Act is amended by adding the following after section 51.12:TRADE-MARK AGENTSPrivileged communication
51.13 (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding:(a) it is between an individual whose name is included on the list of trade-mark agents and that individual’s client;(b) it is intended to be confidential; and(c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of a trade-mark, geographical indication or mark referred to in paragraph 9(1)(e), (i), (i.1), (i.3), (n) or (n.1).Waiver
(2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege.Exceptions
(3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c).Trade-mark agents — country other than Canada
(4) A communication between an individual who is authorized to act as a trade-mark agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between an individual whose name is included on the list of trade-mark agents and that individual’s client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c).Individual acting on behalf of trade-mark agent or client
(5) For the purposes of this section, an individual whose name is included on the list of trade-mark agents or an individual who is authorized to act as a trade-mark agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf.Application
(6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day.67. Paragraph 65(j) of the Act is replaced by the following:(j) respecting the payment of fees to the Registrar, the amount of those fees and the circumstances in which any fees previously paid may be refunded in whole or in part;(j.1) authorizing the Registrar to waive, subject to any prescribed terms and conditions, the payment of a fee if the Registrar is satisfied that the circumstances justify it;68. Section 66 of the Act is replaced by the following:Time period extended
66. (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Registrar, that time period is extended to the next day that is not a prescribed day or a designated day.Power to designate day
(2) The Registrar may, on account of unforeseen circumstances and if the Registrar is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Registrar shall inform the public of that fact on the website of the Canadian Intellectual Property Office.69. (1) Paragraphs 70(1)(a) and (b) of the Act are replaced by the following:(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and(c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.(2) Subsection 70(2) of the Act is replaced by the following:Regulations
(2) For greater certainty, a regulation made under section 65 applies to an application referred to in subsection (1), unless the regulation provides otherwise.Coordinating Amendments2014, c. 20
70. (1) In this section, “other Act” means the Economic Action Plan 2014 Act, No. 1.(2) If section 366 of the other Act comes into force before the day on which this Act receives royal assent, then section 66 of the English version of this Act and the heading before it are amended by replacing “trade-mark” with “trademark”, with any gram-matical adaptations.(3) If section 366 of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that section 366 comes into force.(4) If section 67 of this Act comes into force on the same day as section 357 of the other Act, then that section 357 is deemed to have come into force before that section 67.(5) If subsection 367(99) of the other Act produces its effects before subsection 69(1) of this Act comes into force, then that subsection 69(1) is replaced by the following:69. (1) Paragraphs 70(1)(a) and (b) of the Act are replaced by the following:(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28, 29 and 36, subsections 38(6) to (8) and sections 39, 40 and 66; (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 to 29.1 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and(c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.(6) If subsection 69(1) of this Act comes into force before subsection 367(99) of the other Act has produced its effects, then that subsection 367(99) is replaced by the following:(99) On the first day on which both section 359 of this Act and section 28 of the other Act are in force, subsection 70(1) of the Trademarks Act is replaced by the following:Application advertised
70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28, 29 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 to 29.1 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and(c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.(7) If subsection 69(1) of this Act comes into force on the day on which subsection 367(99) of the other Act produces its effects, then(a) that subsection 69(1) is deemed never to have come into force and is repealed; and(b) paragraphs 70(1)(a) and (b) of the Trademarks Act are replaced by the following:(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28, 29 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 to 29.1 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and(c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.2014, c. 39
71. (1) In this section, “other Act” means the Economic Action Plan 2014 Act, No. 2.(2) If section 46 of this Act comes into force before section 109 of the other Act, then that section 109 is repealed.(3) If section 109 of the other Act comes into force before section 46 of this Act, then that section 46 is replaced by the following:46. Section 21 of the Act is replaced by the following:Time period extended
21. (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Minister, that time period is extended to the next day that is not a prescribed day or a designated day.Power to designate day
(2) The Minister may, on account of unforeseen circumstances and if the Minister is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Minister shall inform the public of that fact on the website of the Canadian Intellectual Property Office.(4) If section 46 of this Act comes into force on the same day as section 109 of the other Act, then that section 109 is deemed never to have come into force and is repealed.(5) If sections 48 and 49 of this Act come into force on the same day as section 112 of the other Act, then that section 112 is deemed to have come into force before those sections 48 and 49.(6) If subsection 53(2) of this Act comes into force on the same day as subsection 118(4) of the other Act, then that subsection 118(4) is deemed to have come into force before that subsection 53(2).(7) If section 58 of this Act comes into force on the same day as section 131 of the other Act, then that section 131 is deemed to have come into force before that section 58.(8) If section 59 of this Act comes into force on the same day as section 136 of the other Act, then that section 136 is deemed to have come into force before that section 59.(9) If subsection 62(1) of this Act comes into force on the same day as subsection 137(1) of the other Act, then that subsection 137(1) is deemed to have come into force before that subsection 62(1).(10) If section 140 of the other Act comes into force before subsection 62(1) of this Act, then, on the day on which that subsection 62(1) comes into force, section 78.52 of the Patent Act is amended by adding the following after subsection (1):Abandonment — notice after coming-into-force date
(1.1) If, on or after the day on which subsection 62(1) of the Economic Action Plan 2015 Act, No. 1 comes into force, an applicant fails to pay the prescribed fees stated to be payable in a notice of allowance of patent given before that day but after the coming-into-force date, paragraph 73(1)(f) as it read immediately before the day on which that subsection 62(1) comes into force applies in respect of any abandonment resulting from the failure.(11) If section 64 of this Act comes into force on the same day as section 139 of the other Act, then that section 139 is deemed to have come into force before that section 64.(12) If section 65 of this Act comes into force on the same day as sections 129, 136 and 139 of the other Act, then those sections 129, 136 and 139 are deemed to have come into force before that section 65.Coming into ForceOrder in council — Industrial Design Act
72. (1) Sections 44, 45 and 47 to 49 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 102 to 113 of the Economic Action Plan 2014 Act, No. 2 come into force.Order in council — Patent Act
(2) Sections 50 to 53, 55 to 62, 64 and 65 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 114 to 141 of the Economic Action Plan 2014 Act, No. 2 come into force.Order in council — Trade-marks Act
(3) Section 67 and subsection 69(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 357 of the Economic Action Plan 2014 Act, No. 1 comes into force.Order in council — sections 46, 63 and 68
(4) Sections 46, 63 and 68 come into force on a day or days to be fixed by order of the Governor in Council.Twelve months after royal assent
(5) Sections 54 and 66 come into force 12 months after the day on which this Act receives royal assent.Subsection 69(1)
(6) Subsection 69(1) comes into force on the first day on which both section 359 of the Economic Action Plan 2014 Act, No. 1 and section 68 are in force.Division 4Compassionate Care Leave and BenefitsR.S., c. L-2
Canada Labour Code73. (1) The portion of subsection 206.3(2) of the Canada Labour Code before paragraph (a) is replaced by the following:Entitlement to leave
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from(2) Subparagraph 206.3(3)(b)(ii) of the Act is replaced by the following:(ii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.(3) Section 206.3 of the Act is amended by adding the following after subsection (3):Certificate not necessary
(3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a qualified medical practitioner to issue an additional certificate under that subsection.(4) Subsection 206.3(7) of the Act is replaced by the following:Aggregate leave — more than one employee
(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (3).1996, c. 23
Employment Insurance Act74. (1) Paragraph 12(3)(d) of the Employment Insurance Act is replaced by the following:(d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2) is 26; and(2) Subsection 12(4.1) of the Act is replaced by the following:Maximum — compassionate care benefits
(4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).75. (1) Subparagraph 23.1(4)(b)(iii) of the Act is replaced by the following:(iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.(2) Section 23.1 of the Act is amended by adding the following after subsection (4):Certificate not necessary
(4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (2).(3) Subsections 23.1(8) and (8.1) of the Act are replaced by the following:Division of weeks of benefits
(8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants.Maximum number of weeks that can be divided
(8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed 26 weeks.76. Section 50 of the Act is amended by adding the following after subsection (8):Proof — additional certificate
(8.1) For the purpose of proving that the conditions of subsection 23.1(2) or 152.06(1) are met, the Commission may require the claimant to provide it with an additional certificate issued by a medical doctor.77. (1) Subparagraph 152.06(3)(b)(iii) of the Act is replaced by the following:(iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.(2) Section 152.06 of the Act is amended by adding the following after subsection (3):Certificate not necessary
(3.1) For greater certainty, but subject to subsections (3) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (1)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (1).(3) Subsections 152.06(7) and (8) of the Act are replaced by the following:Division of weeks of benefits
(7) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.Maximum number of weeks that can be divided
(8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks.78. (1) Paragraph 152.14(1)(d) of the Act is replaced by the following:(d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26; and(2) Subsection 152.14(5) of the Act is replaced by the following:Maximum — compassionate care benefits
(5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).Transitional ProvisionsCompassionate care benefits
79. (1) If a period referred to in subsection 23.1(4) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a claimant — as defined in subsection 2(1) of that Act — before that day but has not ended, then sections 12 and 23.1 of that Act, as they read on that day, apply to that claimant beginning on that day.Compassionate care benefits — self-employed persons
(2) If a period referred to in subsection 152.06(3) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a self-employed person — as defined in subsection 152.01(1) of that Act — before that day but has not ended, then sections 152.06 and 152.14 of that Act, as they read on that day, apply to that person beginning on that day.Coming into ForceJanuary 3, 2016
80. This Division comes into force on January 3, 2016.Division 5R.S., c. C-42
Copyright Act81. (1) Paragraph 23(1)(b) of the Copyright Act is replaced by the following:(b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.(2) Subsection 23(1.1) of the Act is replaced by the following:Term of copyright — sound recording
(1.1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.No revival of copyright
82. Paragraph 23(1)(b) and subsection 23(1.1) of the Copyright Act, as enacted by section 81, do not have the effect of reviving the copyright, or a right to remuneration, in a sound recording or performer’s performance fixed in a sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions.Division 6R.S., c. E-20; 2001, c. 33, s. 2(F)
Export Development ActAmendments to the Act83. The long title of the Export Development Act is replaced by the following:An Act to establish Export Development Canada, to support and develop trade between Canada and other countries and Canada’s competitiveness in the inter- national market-place and to provide de- velopment financing and other forms of development support84. (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:Purposes
10. (1) The Corporation is established for the purposes of(2) Paragraph 10(1)(b) of the Act is replaced by the following:(b) supporting and developing, directly or indirectly, Canada’s export trade and Canadian capacity to engage in that trade and to respond to international business opportunities; and(c) providing, directly or indirectly, development financing and other forms of development support in a manner that is consistent with Canada’s international development priorities.85. The Act is amended by adding the following after section 25:Minister for International Development
26. Before the Minister takes an action under this Act or Part X of the Financial Administration Act that is aimed at the Corporation’s carrying out its purpose under paragraph 10(1)(c), the Minister shall consult the Minister for International Development.Coming into ForceOrder in council
86. This Division comes into force on a day to be fixed by order of the Governor in Council.Division 7R.S., c. L-2
Canada Labour CodeAmendments to the Act87. Section 123 of the Canada Labour Code is amended by adding the following after subsection (2):Application to other persons
(3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.88. The definition “industrial establishment” in section 166 of the Act is replaced by the following:“industrial establishment”
« établissement »
“industrial establishment” means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b);89. Section 167 of the Act is amended by adding the following after subsection (1):Application to other persons
(1.1) Subject to subsection (1.2), this Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.Exception
(1.2) Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to that person, the employer, if(a) the person performs the activities to fulfil the requirements of a program offered by a secondary or post-secondary educational institution or a vocational school, or an equivalent educational institution outside Canada, described in the regulations; or(b) the following conditions are met:(i) subject to the regulations, the person performs the activities(A) over a period of not more than four consecutive months that begins on the day on which they first perform them, or(B) for not more than the prescribed number of hours over a period of more than four consecutive months but not more than 12 consecutive months that begins on the day on which they first perform them,(ii) benefits derived from the activities accrue primarily to the person performing them,(iii) the employer supervises the person and the activities that they perform,(iv) the performance of the activities is not a prerequisite to the person being offered employment by the employer and the employer is not obliged to offer employment to the person,(v) the person does not replace any employee, and(vi) before the person performs any of the activities, the employer informs them in writing that they will not be remunerated.90. Subsection 252(2) of the Act is replaced by the following:Records to be kept
(2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by an inspector.91. (1) Paragraph 256(1)(a) of the Act is replaced by the following:(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);(2) Paragraph 256(3)(a) of the Act is replaced by the following:(a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or92. (1) Section 264 of the Act is amended by adding the following after paragraph (a):(a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;(a.2) respecting the information that an employer must provide to the Minister for the purpose of establishing that the perform-ance of activities referred to in paragraph 167(1.2)(a) fulfils the requirements of a program referred to in that paragraph, and the circumstances in which an employer must provide it;(a.3) specifying the circumstances in which a person who performs activities referred to in paragraph 167(1.2)(a) must provide to an employer the information referred to in paragraph (a.2);(a.4) for the purpose of paragraph 167(1.2)(a), specifying or describing secondary or post-secondary educational institutions or vocational schools, or equivalent educational institutions outside Canada;(a.5) for the purpose of clause 167(1.2)(b)(i)(B), prescribing a number of hours that is not less than 640 hours and not more than 768 hours;(a.6) providing that a person in respect of whom the conditions set out in paragraph 167(1.2)(b) have previously been met does not meet the condition set out in clause 167(1.2)(b)(i)(A) or (B), as the case may be, in respect of activities performed for the same employer if they perform them before the expiry of the period specified by regulation;(a.7) for the purpose of subparagraph 167(1.2)(b)(ii), respecting the circumstances in which the benefit derived from activities is considered to accrue primarily to the person performing them;(a.8) for the purpose of subparagraph 167(1.2)(b)(iii), respecting what constitutes supervision;(a.9) respecting any measures that must be taken by an employer for the purpose of ensuring or establishing that the conditions set out in paragraph 167(1.2)(b) are or have been met, the information that the employer must provide to the Minister for the purpose of establishing that the measures have been taken, and the circumstances in which it must be provided;(2) Section 264 of the Act is amended by adding the following after paragraph (i):(i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;(3) Section 264 of the Act is renumbered as subsection 264(1) and is amended by adding the following:Incorporation of documents
(2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.Coming into ForceOrder in council
93. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.Division 8R.S., c. M-5
Members of Parliament Retiring Allowances Act94. Subsections 2.7(2) and (3) of the Members of Parliament Retiring Allowances Act are replaced by the following:No distinguishing based on House membership
(2) The Chief Actuary shall not distinguish between members of the Senate and members of the House of Commons when fixing contribution rates for the purpose of any provision of this Act.95. Section 2.8 of the Act is replaced by the following:Objective
2.8 In fixing contribution rates, the Chief Actuary’s objective is to ensure that, as of January 1, 2017, the total amount of contributions to be paid by members under Parts I and II will meet 50% of the current service cost in respect of the benefits payable under Parts I, II and IV.96. Subsection 31.2(3) of the Act is replaced by the following:Different rates
(3) The Chief Actuary shall fix rates for the purposes of paragraph (1)(a) that are different for members who are required to contribute under subsection 12(2.1) than those for other members, and rates for the purposes of subsection (2) that are different for members who would be required to contribute under subsection 12(2.1) if they were under 71 years of age than those for other members.Division 9R.S., c. N-7
National Energy Board Act97. (1) Paragraph 119.01(1)(b) of the National Energy Board Act is replaced by the following:(b) the duration of licences, the approval required in respect of the issue of licences, the quantities that may be exported or imported under licences and any other terms and conditions to which licences may be subject;(2) Section 119.01 of the Act is amended by adding the following after subsection (1):Maximum duration
(1.1) The duration referred to in paragraph (1)(b) begins on a date to be fixed in the licence and must not exceed(a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and(b) 25 years, in any other case.Division 10R.S., c. P-1
Parliament of Canada ActAmendments to the Act98. The Parliament of Canada Act is amended by adding the following after section 79.5:Parliamentary Protective ServiceInterpretationDefinitions
79.51 The following definitions apply in this section and in sections 79.52 to 79.59.“parliamentary precinct”
« Cité parlementaire »
“parliamentary precinct” means the premises or any part of the premises, other than the constituency offices of members of Parliament, that are used by the following entities or individuals or their officers or staff, and that are designated in writing by the Speaker of the Senate or the Speaker of the House of Commons:(a) the Senate, House of Commons, Library of Parliament or Parliamentary committees;(b) members of the Senate or the House of Commons who are carrying out their parliamentary functions;(c) the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner; or(d) the Service.“Parliament Hill”
« Colline parlementaire »
“Parliament Hill” means the grounds in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street.“Service”
« Service »
“Service” means the office to be called the Parliamentary Protective Service that is established by subsection 79.52(1).Establishment and MandateEstablishment
79.52 (1) There is established an office to be called the Parliamentary Protective Service.Speakers responsible
(2) The Speaker of the Senate and the Speaker of the House of Commons are, as the custodians of the powers, privileges, rights and immunities of their respective Houses and of the members of those Houses, responsible for the Service.Mandate
79.53 (1) The Service is responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill.Capacity
(2) In carrying out its mandate, the Service has the capacity of a natural person and the rights, powers and privileges of a natural person.Financial and administrative matters
(3) Despite sections 19.3 and 52.3, the Service shall act on all financial and administrative matters with respect to the Service and its staff.Director of ServiceDirector
79.54 (1) There shall be a Director of the Parliamentary Protective Service who is to be selected in accordance with the terms of the arrangement entered into under section 79.55.Integrated security operations
(2) The Director shall lead the integrated security operations throughout the parliamentary precinct and Parliament Hill under the joint general policy direction of the Speaker of the Senate and the Speaker of the House of Commons.Control and management of Service
(3) The Director has the control and management of the Service.Arrangement for Physical Security ServicesArrangement
79.55 (1) The Speaker of the Senate and the Speaker of the House of Commons, being responsible for the Service, and the Minister of Public Safety and Emergency Preparedness shall enter into an arrangement to have the Royal Canadian Mounted Police provide phys-ical security services throughout the parliamentary precinct and Parliament Hill.RCMP to provide services
(2) The Royal Canadian Mounted Police shall provide the physical security services in accordance with the terms of the arrangement.Selection process for Director
79.56 (1) The arrangement entered into under section 79.55 shall provide for a process for selecting a person to act as the Director of the Parliamentary Protective Service. It shall also provide for a person — identified by name or position — to act as the Director on an interim basis if the Director is absent or incapacitated or if the office of Director is vacant, and set out the maximum period that the person may act as the Director on an interim basis.Member of RCMP
(2) The Director, or the person acting as the Director on an interim basis, must be a member as that term is defined in subsection 2(1) of the Royal Canadian Mounted Police Act.EstimatesEstimates to be prepared and transmitted
79.57 Before each fiscal year, the Speaker of the Senate and the Speaker of the House of Commons shall cause to be prepared an estimate of the sums that will be required to pay the expenditures of the Service during the fiscal year and shall transmit the estimate to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.Powers, Privileges, Rights and ImmunitiesFor greater certainty
79.58 For greater certainty, nothing in sections 79.51 to 79.57 shall be construed as limiting in any way the powers, privileges, rights and immunities of the Senate and the House of Commons and their members.GeneralStatutory Instruments Act
79.59 For greater certainty, the designation referred to in the definition “parliamentary precinct” in section 79.51 is not a statutory instrument for the purposes of the Statutory Instruments Act.Transitional ProvisionsDefinition of “Service”
99. (1) In sections 100 to 122, “Service” means the office to be called the Parliamentary Protective Service that is established by subsection 79.52(1) of the Parliament of Canada Act.Definitions— Parliamentary Employment and Staff Relations Act
(2) In sections 100 to 122, “arbitral award”, “bargaining agent”, “bargaining unit”, “Board”, “collective agreement”, “employee”, “employee organization”, “griev-ance” and “parties” have the same mean-ings as in section 3 of the Parliamentary Employment and Staff Relations Act, unless the context requires otherwise.Persons who occupy a position
100. (1) All of the persons who occupy a position within the Senate Protective Service or within the House of Commons Protective Service immediately before the day on which this Division comes into force occupy their position within the Service on that day.No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupied a position within the Senate Protective Service or within the House of Commons Protective Service, except that the person, beginning on that day, occupies their position within the Service.Collective agreements or arbitral awards continued
101. (1) Subject to sections 102 to 113, every collective agreement or arbitral award that applies to an employee who, immediately before the day on which this Division comes into force, occupied a position within the Senate Protective Service or within the House of Commons Protective Service, and that is in force immediately before that day continues in force until its term expires.Binding effect
(2) A collective agreement or arbitral award continued in force under subsection (1) is binding on(a) the Service, as if it were the employer referred to in the collective agreement or arbitral award;(b) the bargaining agent that is a party to the collective agreement or arbitral award; and(c) the employees of the Service in the bargaining unit in respect of which that bargaining agent has been certified.Definition of “employer”
(3) In subsection (2), “employer” means the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of Part I of the Parliamentary Employment and Staff Relations Act, or the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of that Part.Parties may amend
(4) Nothing in subsections (1) and (2) prohibits the Service and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.Application for certification
102. Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 101(1), but it may do so only during the period in which an application for certification is authorized to be made under section 21 of the Parliamentary Employment and Staff Relations Act in respect of those employees.Power of Board
103. (1) Whenever a collective agreement or arbitral award is continued in force under subsection 101(1), the Board must, by order, on application by the Service or any bargaining agent affected by the establishment of the Service,(a) determine whether the employees of the Service who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;(b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and(c) in respect of each collective agreement or arbitral award that binds employees of the Service, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.When application may be made
(2) The application may be made only during the period beginning 120 days after the day on which this Division comes into force and ending 150 days after that day.Application for leave to give notice to bargain collectively
104. (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 103(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.When application may be made
(2) The application must be made within 90 days after the day on which the order is made under paragraph 103(1)(c).No application within specified period
105. (1) If no application for an order under subsection 103(1) is made within the period specified in subsection 103(2), the Service or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 101(1) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.When application may be made
(2) The application may be made only during the period beginning 151 days after the day on which this Division comes into force and ending 240 days after that day.Notice to bargain given before conversion
106. A notice to bargain collectively that was given before the day on which this Division comes into force does not bind the Service and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 108(b).Duty to observe terms and conditions
107. If a notice to bargain collectively is given before the day on which this Division comes into force, then, unless the Service and the bargaining agent agree otherwise, the terms and conditions of employment continued in force under section 39 of the Parliamentary Employment and Staff Relations Act are binding on the Service, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the day on which this Division comes into force until(a) the expiry of 150 days following that day, if no application is made under paragraph 108(a); or(b) if such an application is made, the day on which the notice referred to in paragraph 108(b) is given.Application and notice to bargain
108. If a notice to bargain collectively is given before the day on which this Division comes into force,(a) on application by the Service or bargaining agent, made during the period beginning 120 days after the day on which this Division comes into force and ending 150 days after that day, the Board must make an order determining(i) whether the employees of the Service who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and(ii) which employee organization is to be the bargaining agent for the employees in each such unit; and(b) if the Board makes the determinations under paragraph (a), the Service or the bargaining agent may, by notice given under section 37 of the Parliamentary Employment and Staff Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.Inquiry and votes
109. Before making an order under subsection 103(1) or paragraph 108(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.Consideration of classification
110. (1) For the purposes of paragraphs 103(1)(a) and 108(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the Service’s classification of persons and positions, including the occupational groups or subgroups established by it.Unit co-extensive with occupational groups
(2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the Service, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.Determination of questions of membership in bargaining units
111. On application by the Service or the employee organization affected by the establishment of the Service, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 103(1)(a) or 108(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.Employer participation
112. (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 103(1)(b) or 108(a) if it is of the opinion that the Service, or a person acting on behalf of the Service, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.Discrimination
(2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 103(1)(b) or 108(a) if it discriminates against any employee on a prohibited ground of dis-crimination within the meaning of the Canadian Human Rights Act.Application of Parliamentary Employment and Staff Relations Act
113. (1) The provisions of Part I of the Parliamentary Employment and Staff Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:(a) an application made to the Board under any of sections 102 to 105, 108 and 111;(b) an order made by the Board under any of sections 103 to 105 and 108;(c) a determination of the Board made under any of sections 103, 108 and 111 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;(d) a collective agreement or arbitral award that is continued in force under subsection 101(1); and(e) collective bargaining that is commenced after the receipt of a notice referred to in section 104 or 105 or paragraph 108(b) and a collective agreement that is entered into following such collective bargaining.Powers, duties and functions of Board
(2) The Board has, for the purposes of performing its duties and functions under any of sections 102 to 112, the powers conferred on it under Part I of the Parliamentary Employment and Staff Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.Inconsistency
(3) In the event of any inconsistency between sections 101 to 112 and the provisions of Part I of the Parliamentary Employment and Staff Relations Act, or anything issued, made or established under that Act, those sections prevail to the extent of the inconsistency.Persons not represented
114. The terms and conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the day on which this Division comes into force, occupy their position within the Service continue to apply until new terms and conditions of employment for those persons are established.Complaints
115. The provisions of Division I of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any complaint made under that Division before that day that relates to the Senate Protective Service or the House of Commons Protective Service.Grievances
116. (1) The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Senate Protective Service or the House of Commons Protective Service.Implementation of decision
(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the Service as soon as feasible.Matter referred to Board
117. The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the Senate Protective Service or the House of Commons Protective Service.References — Service
118. Every reference to the Senate Protective Service or the House of Commons Protective Service in any deed, contract, agreement, arrangement or other similar document is, beginning on the day on which this Division comes into force, to be read as a reference to the Service unless the context otherwise requires.Commencement of legal proceedings
119. Every action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred in relation to the Senate Protective Service or the House of Commons Protective Service may, beginning on the day on which this Division comes into force, be brought against the Service.Continuation of legal or administrative proceedings
120. Any action, suit or other legal or administrative proceeding relating to the Senate Protective Service or the House of Commons Protective Service to which a representative of the Senate Protective Service or of the House of Commons Protective Service, as the case may be, is a party that is pending immediately before the day on which this Division comes into force may be continued by or against the Service in the same manner and to the same extent as it could have been continued by or against that representative.Transfer of appropriations — Senate or House of Commons
121. Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Division comes into force to defray the expenditures of the Senate in relation to the Senate Protective Service or of the House of Commons in relation to the House of Commons Protective Service and that is unexpended on the day on which that Division comes into force is deemed to be an amount appropriated to defray the expenditures of the Service.Transfer of appropriations — RCMP
122. Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Division comes into force to defray the expenditures of the Royal Canadian Mounted Police related to its guarding and protecting the grounds of Parliament Hill that are designated by the Minister of Public Safety and Emergency Preparedness and that is unexpended on the day on which that Division comes into force is deemed to be an amount appropriated to defray the expenditures of the Service.Consequential AmendmentsR.S., c. C-10
Canada Post Corporation Act123. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):(e) the Director of the Parliamentary Protective ServiceR.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act124. Subsection 2(2) of the Federal Courts Act is replaced by the following:Senate and House of Commons
(2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act or the Parliamentary Protective Service.R.S., c. F-11
Financial Administration Act125. (1) Paragraph (c) of the definition “appropriate Minister” in section 2 of the Financial Administration Act is replaced by the following:(c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament and the Parliamentary Protective Service, the Speakers of the Senate and the House of Commons,(2) Paragraph (c) of the definition “department” in section 2 of the Act is replaced by the following:(c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service, andR.S., c. G-2
Garnishment, Attachment and Pension Diversion Act126. The heading of Division IV of Part I of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service127. The portion of paragraph (b) of the definition “salary” in section 16 of the Act before subparagraph (i) is replaced by the following:(b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service,128. The portion of section 17 of the Act before paragraph (a) is replaced by the following:Garnishment of salaries, remuneration
17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of129. (1) Subsection 18(1) of the Act is replaced by the following:Service binding
18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, 15 days after the day on which those documents are served.(2) Subsection 18(2) of the English version of the Act is replaced by the following:When service is effective
(2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, in the first 30 days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be.130. (1) Subsection 19(1) of the Act is replaced by the following:Place of service
19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.(2) Subsection 19(2) of the English version of the Act is replaced by the following:Method of service
(2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Office, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.(3) Subsection 19(3) of the Act is replaced by the following:If service by registered mail
(3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be.131. (1) The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt
21. Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique, au bureau du commissaire aux conflits d’intérêts et à l’éthique ou au Service de protection parlementaire du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’un ou l’autre est redevable envers le débiteur mentionné dans le bref :(2) Subparagraph 21(a)(i) of the English version of the Act is replaced by the following:(i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons, and(3) Paragraph 21(b) of the English version of the Act is replaced by the following:(b) in the case of remuneration described in paragraph 17(b),(i) the remuneration payable on the 15th day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons, and(ii) either(A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or(B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Serv­ice, as the case may be, is bound by the garnishee summons.132. (1) The portion of section 22 of the Act before paragraph (a) is replaced by the following:Time period to respond to garnishee summons
22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service has the following time period within which to respond to a garnishee summons:(2) Paragraph 22(a) of the English version of the Act is replaced by the following:(a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service is bound by the garnishee summons; or133. (1) Subsection 23(1) of the Act is replaced by the following:Method of response
23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service may respond to a garnishee summons by registered mail or by any other method prescribed.(2) Subsection 23(2) of the English version of the Act is replaced by the following:Response by registered mail
(2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, has responded to the garnishee summons.(3) Subsections 23(3) and (4) of the Act are replaced by the following:Effect of payment into court
(3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service under this section is a good and sufficient discharge of liability, to the extent of the payment.Recovery of overpayment to debtor
(4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.134. Paragraph 24(a) of the Act is replaced by the following:(a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service must be effected in connection with garnishment proceedings permitted by this Division;135. Section 26 of the Act is replaced by the following:No execution
26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service in garnishment proceedings permitted by this Part.R.S., c. G-5
Government Employees Compensation Act136. Paragraph (e) of the definition “employee” in section 2 of the Government Employees Compensation Act is replaced by the following:(e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner or Parliamentary Protective Service;R.S., c. P-36
Public Service Superannuation Act137. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:“public service”
« fonction publique »
“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and Parliamentary Protective Service and any board, commission, corporation or portion of the federal public administration specified in Schedule I;