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Bill C-84

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R.S., c. I-7

Indian Oil and Gas Act

137. Section 5 of the English version of the Indian Oil and Gas Act is replaced by the following:

Existing grants, leases, etc.

5. Every grant, lease, permit, licence or other disposition respecting the exploitation of oil or gas in Indian lands, whether granted, issued, made or entered into before or after December 20, 1974, and, without restricting the generality of the foregoing, any grant, lease, permit, licence or other disposition respecting oil or gas or both oil and gas issued or made or purported to be issued or made pursuant to any other regulation or order made under the provisions of the Indian Act is deemed to be subject to any regulations made under this Act.

1991, c. 47

Insurance Companies Act

1997, c. 15, s. 167

138. The portion of subsection 13(2) of the Insurance Companies Act before paragraph (a) is replaced by the following:

Application of certain provisions

(2) This Part and Parts II to IV, sections 224, 225, 245 to 258 and 489 and Parts X, XII and XV to XVII apply to every body corporate

139. Subsection 89(2) of the Act is replaced by the following:

Fee for security certificate

(2) A company may charge a fee, not exceeding a prescribed amount, for a security certificate issued in respect of a transfer.

1994, c. 26, s. 39(F)

140. Paragraphs 299(1)(e) and (f) of the Act are replaced by the following:

    (e) exempting any class of distributions from the application of this Division, other than this section ; and

    (f) generally, for carrying out the purposes and provisions of this Division, other than this section .

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

Order of exemption

300. (1) On application by a company or any person proposing to make a distribution, the Superintendent may, by order, exempt that distribution from the application of this Division, other than this section and section 299 , if the Superintendent is satisfied that the company has filed or is about to file, in compliance with the laws of the relevant jurisdiction, a prospectus relating to the distribution that, in form and content, substantially complies with the requirements of this Act and any regulations made under subsection 299(1).

142. Subsection 348(4) of the French version of the Act is replaced by the following:

Dépenses

(4) Les dépenses engagées en application des paragraphes (1) à (3) sont, si elles sont autorisées par écrit par le surintendant, à la charge de la société.

143. Section 467 of the French version of the Act is replaced by the following:

Dépôts

467. Sauf autorisation par une autre disposition de la présente loi, il est interdit à la société d'accepter des dépôts.

1997, c. 15, s. 290(1)

144. Subparagraph 552(1.1)(b)(i) of the Act is replaced by the following:

      (i) entities controlled by a body corporate that is engaged in the insurance business and that is controlled by the society, or

145. Paragraph 703(g) of the French version of the Act is replaced by the following:

    g) régir la protection et le maintien de l'actif de la société ou société de secours, y compris en ce qui touche le cautionnement de ses administrateurs, dirigeants et employés;

R.S., c. I-21

Interpretation Act

1993, c. 34, s. 88

146. Subsection 2(2) of the Interpretation Act is replaced by the following:

Expired and replaced enactments

(2) For the purposes of this Act, an enactment that has been replaced is repealed and an enactment that has expired, lapsed or otherwise ceased to have effect is deemed to have been repealed.

147. Section 26 of the French version of the Act is replaced by the following:

Jour férié

26. Tout acte ou formalité peut être accompli le premier jour ouvrable suivant lorsque le délai fixé pour son accomplissement expire un jour férié.

R.S., c. 28 (1st Supp.)

Investment Canada Act

148. Subsection 45(5) of the Investment Canada Act is replaced by the following:

Pending notices

(5) Where an investment, whether implemented or not, notice of which has been given under section 8 of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, has not, on the coming into force of this Act, been the subject of any order or deemed allowance under section 12 or 13 of the Foreign Investment Review Act, a complete notice under section 12 of this Act or a complete application under section 17 of this Act shall be deemed to have been received by the Director in respect of that investment on the day this Act came into force.

R.S., c. L-2

Canada Labour Code

149. The definitions ``dependent contractor'', ``lockout'' and ``parties'' in subsection 3(1) of the English version of the Canada Labour Code are replaced by the following:

``dependent contractor''
« entrepre-
neur dépendant »

``dependent contractor'' means

      (a) the owner, purchaser or lessee of a vehicle used for hauling, other than on rails or tracks, livestock, liquids, goods, merchandise or other materials, who is a party to a contract, oral or in writing, under the terms of which they are

        (i) required to provide the vehicle by means of which they perform the contract and to operate the vehicle in accordance with the contract, and

        (ii) entitled to retain for their own use from time to time any sum of money that remains after the cost of their performance of the contract is deducted from the amount they are paid, in accordance with the contract, for that performance,

      (b) a fisher who, pursuant to an arrangement to which the fisher is a party, is entitled to a percentage or other part of the proceeds of a joint fishing venture in which the fisher participates with other persons, and

      (c) any other person who, whether or not employed under a contract of employment, performs work or services for another person on such terms and conditions that they are , in relation to that other person, in a position of economic dependence on, and under an obligation to perform duties for, that other person;

``lockout''
« lock-out »

``lockout'' includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees, or to aid another employer to compel that other employer's employees, to agree to terms or conditions of employment;

``parties''
« parties »

``parties'' means

      (a) in relation to the entering into, renewing or revising of a collective agreement and in relation to a dispute, the employer and the bargaining agent that acts on behalf of the employer's employees,

      (b) in relation to a difference relating to the interpretation, application, administration or alleged contravention of a collective agreement, the employer and the bargaining agent, and

      (c) in relation to a complaint to the Board under this Part, the complainant and any person or organization against whom or which the complaint is made;

150. Subsection 30(2) of the English version of the Act is replaced by the following:

Choice

(2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that they do not wish to be represented by any trade union named on the ballots.

151. Paragraph 33(3)(a) of the English version of the Act is replaced by the following:

    (a) continues to be bound by any collective agreement applicable to the employer's employees that was entered into by the employers' organization; and

152. Subsection 52(1) of the English version of the Act is replaced by the following:

Notice of technological change

52. (1) An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant number of the employer's employees to whom the collective agreement applies shall give notice of the technological change to the bargaining agent bound by the collective agreement at least one hundred and twenty days prior to the date on which the technological change is to be effected.

153. Subsection 58(2) of the English version of the Act is replaced by the following:

No review by certiorari, etc.

(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of their proceedings under this Part.

154. Section 61 of the English version of the Act is replaced by the following:

Procedure

61. An arbitrator or arbitration board shall determine their own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or arbitration board.

155. Paragraph 72(1)(d) of the English version of the Act is replaced by the following:

    (d) notify the parties, in writing, of the Minister's intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.

156. The portion of section 84 of the Act before paragraph (c) is replaced by the following:

Powers of board

84. A conciliation commissioner or a conciliation board

    (a) may determine their own procedure;

    (b) has, in relation to any proceeding before them , the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and

157. Subparagraph 89(1)(c)(i) of the English version of the Act is replaced by the following:

      (i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or

158. (1) Subsection 94(2) of the English version of the Act is replaced by the following:

Exception

(2) An employer is deemed not to contravene subsection (1) by reason only that they

    (a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,

      (i) permit an employee or representative of the trade union to confer with them during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer,

      (ii) provide free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or

      (iii) permit the trade union to use their premises for the purposes of the trade union; or

    (b) contribute financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees.

(2) Paragraph 94(3)(b) of the English version of the Act is replaced by the following:

    (b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any right conferred on them by this Part;

(3) Paragraph 94(3)(f) of the English version of the Act is replaced by the following:

    (f) suspend, discharge or impose any financial or other penalty on a person employed by them , or take any other disciplinary action against such a person, by reason of that person having refused to perform an act that is prohibited by this Part; or

159. Paragraph 102(d) of the English version of the Act is replaced by the following:

    (d) refuses to answer any proper question put to them , pursuant to paragraph 16(a), by the Board, a conciliation board, a conciliation commissioner, an arbitrator or an arbitration board,

160. Sections 105 to 107 of the English version of the Act are replaced by the following:

Mediators

105. The Minister, on request or on the Minister's own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference.

Inquiries regarding industrial matters

106. The Minister, on application or on the Minister's own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may affect industrial relations.

Additional powers

107. The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary.

161. Subsection 108(1) of the English version of the Act is replaced by the following:

Industrial Inquiry Commission

108. (1) Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an Industrial Inquiry Commission and to which the Minister shall refer the matter under consideration for investigation and report to the Minister .

Replacement of ``his'' with ``their''

162. The English version of the Act is amended by replacing the word ``his'' with the word ``their'' in the following provisions:

    (a) the definition ``professional employee'' in subsection 3(1);

    (b) subsection 3(2);

    (c) subsections 8(1) and (2);

    (d) paragraph 51(1)(a);

    (e) paragraph 53(3)(c);

    (f) subsection 64(1);

    (g) subsection 70(2);

    (h) subsection 85(3);

    (i) paragraph 91(2)(c);

    (j) paragraph 92(b);

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