Bill C-59

Radiocommunication Act

138. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on 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 on Her Majesty in right of a province.

(2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or 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 represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

Parliamentary Employment and Staff Relations Act

139. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service

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

(a) 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, and

141. The definition “employer” in section 3 of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

(f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

142. The definition “employer” in section 85 of the Act is amended by striking out “or” at the end of paragraph (c.2) and by adding the following after that paragraph:

(c.3) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament; or

Non-smokers’ Health Act

143. Paragraph (c) of the definition “employer” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

(c) 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 relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or

Official Languages Act

144. The definition “federal institution” in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.1):

(c.2) the Parliamentary Protective Service,

145. Section 33 of the Act is replaced by the following:

33. The Governor in Council may make any regulations that the Governor in Council considers necessary to foster actively communications with and services from offices or facilities of federal institutions — other than 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 both official languages, if those communications and services are required under this Part to be provided in both official languages.

146. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

38. (1) The Governor in Council may make regulations in respect of federal institutions, other than 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,

(2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following:

(b) substituting, with respect to any federal institution other than 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, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

147. Subsection 41(3) of the Act is replaced by the following:

(3) The Governor in Council may make regulations in respect of federal institutions, other than 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, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

148. Subsection 46(1) of the Act is replaced by the following:

46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than 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.

149. Paragraph 93(a) of the Act is replaced by the following:

(a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than 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; and

Public Sector Compensation Act

150. Paragraph 3(1)(c) of the Public Sector Compensation Act is replaced by the following:

(c) the Senate, House of Commons, Library of Parliament or Parliamentary Protective Service.

Public Service Employment Act

151. The portion of section 35.3 of the Public Service Employment Act before paragraph (a) is replaced by the following:

35.3 A person employed in 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

Expenditure Restraint Act

152. Paragraph 13(1)(c) of the Expenditure Restraint Act is replaced by the following:

(c) the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service.

Division 11

Employment Insurance Act

Amendments to the Act

153. Section 58 of the Employment Insurance Act is replaced by the following:

58. In this Part, “insured participant” means an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person

(a) for whom a benefit period is established or whose benefit period has ended within the previous 60 months; or

(b) who would have had a benefit period established for them within the previous 60 months if it were not for the fact that they have had fewer than the hours referred to in subsection 7(4) in the last 52 weeks before what would have been their qualifying period and who, during what would have been that qualifying period, has had at least the number of hours of insurable employment indicated in the table set out in subsection 7(2) or 7.1(1) in relation to their applicable regional rate of unemployment.

154. Section 63 of the Act is renumbered as subsection 63(1) and is amended by adding the following:

(2) An agreement may be entered into under subsection (1) with a government even if the benefits provided by that government are provided only for an insured participant as defined in section 58 as it read immediately before the day on which this subsection comes into force.

155. The Act is amended by adding the following after section 63:

63.1 Contributions that are to be paid under an agreement that, before the day on which this section comes into force, was entered into with a government under section 63 to provide for the payment of contributions for all or a portion of the costs of benefits provided by the government that are similar to employment benefits under this Part shall be paid only for costs of benefits for an insured participant as defined in section 58 as it read immediately before that day.

156. Paragraphs 77(1)(c) and (d) of the Act are replaced by the following:

(c) all amounts paid under paragraph 63(1)(a);

(d) the costs of administering this Act, including administration fees or costs paid under section 62 or paragraph 63(1)(b);

157. Section 78 of the Act is replaced by the following:

78. The total amount that may be paid out by the Commission under section 61 and paragraph 63(1)(a) and charged to the Employment Insurance Operating Account under this Part in a fiscal year must not exceed 0.8% of the insurable earnings of all insured persons from which the prescribed amount is deducted under subsection 82(1) in that year as or on account of employee’s premiums, as estimated by the Commission and set out in the Main Estimates tabled in Parliament.

Transitional Provision

158. Paragraph 58(b) of the Employment Insurance Act, as it reads on the day on which this section comes into force, applies only to persons who make an initial claim for benefits, as defined in subsection 6(1) of that Act, on or after that day.

Consequential Amendments

Modernization of Benefits and Obligations Act

159. Subsection 107(3) of the Modernization of Benefits and Obligations Act is replaced by the following:

(3) Section 23 of the Act is amended by adding the following after subsection (4.1):

(4.2) Subsections 12(3) to (8) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

Budget Implementation Act, 2000

160. Section 10 of the Budget Implementation Act, 2000 and the heading before it are repealed.

Division 12

Canada Small Business Financing Act

161. Paragraphs (a) and (b) of the definition “small business” in section 2 of the Canada Small Business Financing Act are replaced by the following:

(a) not exceeding $10 million or any prescribed lesser amount for the fiscal year of the business during which a loan is approved by a lender in respect of the business; or

(b) in the case of a business about to be carried on, not expected at the time a loan is approved by a lender in respect of the business to exceed $10 million or any prescribed lesser amount for its first fiscal year that is of not less than 52 weeks duration.

162. (1) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) in the case of a loan made after March 31, 2009 but before the day on which paragraph (d) comes into force, the outstanding loan amount in relation to the borrower does not exceed $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and

(d) in the case of a loan made on or after the day on which this paragraph comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.

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

(3) The outstanding loan amount referred to in paragraph (2)(b), (c) or (d) is the aggregate of the amount of the proposed loan and the principal amount outstanding, in respect of the borrower and all borrowers that are related to that borrower within the meaning of the regulations, of all loans made under this Act and guaranteed business improvement loans made under the Small Business Loans Act.

163. Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) in the case of a loan made after March 31, 2009 but before the day on which paragraph (c) comes into force, $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and

(c) in the case of a loan made on or after the day on which this paragraph comes into force, $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.

Division 13

Personal Information Protection and Electronic Documents Act

164. Section 4 of the Personal Information Protection and Electronic Documents Act is amended by adding the following after subsection (1):

(1.1) This Part applies to an organization set out in column 1 of Schedule 4 in respect of personal information set out in column 2.

165. Subsection 26(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) amend Schedule 4.

166. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in Schedule 2 to this Act.

Division 14

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

167. Subsection 55(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) an agency or body that administers the securities legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under that legislation.

Division 15

Immigration and Refugee Protection Act

Amendments to the Act

168. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following before Division 0.1:

Division 0.01

Biometric Information

10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.

10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting

(a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;

(b) the procedures for the collection and verification of biometric information;

(c) the biometric information that is to be collected;

(d) the circumstances in which a person is not required to provide certain biometric information;

(e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and

(f) the circumstances in which a person is exempt from the application of that section.

169. (1) Subsection 11(1.01) of the Act is replaced by the following:

(1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.

(2) Section 11 of the Act is amended by adding the following after subsection (1.01):

(1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada.

170. Section 11.1 of the Act is repealed.

171. (1) Subsection 14(3) of the Act is repealed.

(2) Subsection 14(4) of the Act is repealed.

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

172. Paragraph 32(d.5) of the Act is replaced by the following:

(d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer;

173. Subsection 89.2(1) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

174. Paragraph 150.1(1)(d) of the Act is replaced by the following:

(d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related person-al information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

175. The Act is amended by adding the following after section 186:

PART 4.1

ELECTRONIC ADMINISTRATION

186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.

(2) This Part does not apply to the Minister of Employment and Social Development in respect of any activity the administration of which is the responsibility of that Minister under this Act.

(3) For greater certainty, any person or class of persons who are designated as officers by the Minister to carry out any purpose of this Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

(4) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

(5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.

186.2 A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide information, or to submit a document in its original form, is satisfied by its electronic version, if

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

(b) any other requirements that may be prescribed have been met.

186.3 (1) The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting

(a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

(b) the date and time when, and the place where, an electronic version of an application, request, claim, notice, decision, determination, document or any information is deemed to be sent or received.

(2) The regulations may require a foreign national or another individual who, or entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application, request or claim may be made, the document may be submitted or the information may be provided by other means and respecting those other means.

(3) The regulations may prescribe the circumstances in which the Minister may require a foreign national or another individual who, or an entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

(4) The regulations may

(a) require that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system;

(b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

(c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

(5) The regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they exist on a specified date or as amended from time to time.

186.4 If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to provide information, the officer or individual is not precluded by this Part from requiring the foreign national, other individual or entity to submit the visa or other document or to provide the information, as the case may be, in accordance with that provision.

Coming into Force

176. (1) Sections 168 and 170, subsection 171(2) and section 174 come into force on a day to be fixed by order of the Governor in Council.

(2) Subsections 169(1) and (2) and 171(1) and (3) and sections 172, 173 and 175 come into force on a day or days to be fixed by order of the Governor in Council.

Division 16

First Nations Fiscal Management Act

Amendments to the Act

177. (1) The definition “local revenues” in subsection 2(1) of the First Nations Fiscal Management Act is replaced by the following:

“local revenues” means moneys raised under a local revenue law and payments made to a first nation in lieu of a tax imposed by a law made under paragraph 5(1)(a).

(2) The portion of subsection 2(3) of the Act before paragraph (a) is replaced by the following:

(3) At the request of the council of a band, the Minister may, by order, amend the schedule in order to

(3) Section 2 of the Act is amended by adding the following after subsection (3):

(4) For greater certainty, nothing in this Act shall be construed as requiring capital infrastructure or capital assets for the provision of local services on reserve lands to be located on reserve lands.

178. (1) Subsection 5(1) of the Act is amended by adding the following after paragraph (a):

(a.1) respecting the charging of fees for the provision of services or the use of facilities on reserve lands, or for a regulatory process, permit, licence or other authorization, in relation to water, sewers, waste management, animal control, recreation and transportation, as well as any other similar services;

(2) The portion of paragraph 5(1)(e) of the Act before subparagraph (i) is replaced by the following:

(e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1) in respect of outstanding taxes, charges or fees, including

(3) Paragraph 5(1)(e) of the Act is amended by striking out “and” at the end of subparagraph (iv), by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

(vi) the recovery of costs that are incurred by the first nation for the enforcement of those laws;

(4) The portion of subsection 5(4) of the Act before paragraph (a) is replaced by the following:

(4) A law made under subparagraph (1)(a)(i) shall include

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

179. (1) The portion of subsection 6(1) of the Act before paragraph (b) is replaced by the following:

6. (1) At least 30 days — or any longer period fixed by a standard made under subsection 35(1) — before making a law under paragraph 5(1)(a), (a.1) or (c), including a law repealing or amending such a law, other than a law referred to in subsection 10(1), the council of a first nation shall

(a) publish a notice of the proposed law in the First Nations Gazette;

(2) Paragraph 6(1)(c) of the Act is replaced by the following:

(c) send the notice, by mail or electronic means, to the First Nations Tax Commission.

(3) Paragraph 6(3)(c) of the Act is replaced by the following:

(c) invite representations regarding the proposed law to be made, in writing, to the council within the period referred to in subsection (1); and

(4) Subsection 6(4) of the Act is replaced by the following:

(4) Before making a law under paragraph 5(1)(a), (a.1) or (c), the council of a first nation shall consider any representations that were made in accordance with paragraph (3)(c) or at a meeting referred to in paragraph (3)(d).

180. (1) Paragraph 8(1)(d) of the Act is replaced by the following:

(d) a description of the notices that were given and any consultation undertaken by the council before making the law; and

(2) The portion of subsection 8(3) of the Act before paragraph (b) is replaced by the following:

(3) A law made under paragraph 5(1)(a.1) or (c), when submitted to the First Nations Tax Commission for approval, shall be accompanied by

(a) a description of the notices that were given and any consultation undertaken by the council before making the law; and

(3) Subsection 8(4) of the Act is replaced by the following:

(4) A law made under any of paragraphs 5(1)(b) and (d) to (g) that is submitted to the First Nations Tax Commission for approval shall be accompanied by evidence that it was duly made by the council.

181. (1) Subsection 9(2) of the Act is replaced by the following:

(2) A law made under subsection (1), including any amendment of such a law, does not have any force or effect until it is approved by the First Nations Financial Management Board.

(2.1) The First Nations Financial Management Board shall not approve a law made under subsection (1) unless it was made in accordance with this Act, the regulations and, in all material respects, any standards established under paragraph 55(1)(a).

(2) The portion of subsection 9(3) of the English version of the Act before paragraph (a) is replaced by the following:

(3) A law made under subsection (1) comes into force on the later of

(3) Paragraphs 9(3)(a) to (c) of the Act are replaced by the following:

(a) the day of coming into force set out in the law, and

(b) the day after it is approved by the First Nations Financial Management Board.

(4) Section 9 of the Act is amended by adding the following after subsection (5):

(6) In any proceedings, judicial notice may be taken of a law that is made under subsection (1) and approved by the First Nations Financial Management Board under subsection (2).

182. Section 10 of the Act is replaced by the following:

9.1 A borrowing member shall not repeal a financial administration law made under subsection 9(1) that has been approved by the First Nations Financial Management Board unless that law is replaced by another financial administration law that has been approved by the Board.

10. (1) A council of a first nation that makes a property taxation law that requires a rate of tax to be set annually shall also make a law under paragraph 5(1)(a) setting the rate of tax to be applied to the assessed value of each class of lands, interests or rights at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).

(2) A council of a first nation that makes a property taxation law or that makes a law under paragraph 5(1)(a.1) shall also make a law under paragraph 5(1)(b) establishing a budget for the expenditure of local revenues at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).

183. Subsection 11(1) of the Act is replaced by the following:

11. (1) A borrowing member shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless

(a) the revenues raised under that law, if any, are not being used as security for financing obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or

(b) the law is concurrently replaced by a new law of the same nature that would not result in a reduction of the borrowing member’s borrowing capacity.

184. Subsection 13(1) of the Act is replaced by the following:

13. (1) Local revenues of a first nation shall be placed in a local revenue account with a financial institution, separate from other moneys of the first nation.

185. The Act is amended by adding the following after section 13:

13.1 Despite subsection 13(2), a first nation is authorized to make an expenditure of local revenues other than under the authority of a law made under paragraph 5(1)(b) in one of the following circumstances:

(a) in the case where no law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the first nation, after making that expenditure, makes a law under that paragraph that authorizes the making of that expenditure; or

(b) in the case where a law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the first nation is satisfied that the making of that expenditure constitutes an urgent measure and the first nation, as soon as feasible after making the expenditure, amends that law to authorize the making of that expenditure.

186. (1) Subsection 14(1) of the Act is replaced by the following:

14. (1) Local revenues of a first nation shall be reported on and accounted for separately from other moneys of the first nation in compliance with the standards established under paragraph 55(1)(d).

(1.1) For the purposes of subsection (1), the first nation shall prepare a financial report on its local revenues that shall be audited at least once each year. However, if it is authorised by a standard established under paragraph 55(1)(d), the first nation may instead report on its local revenues in its audited annual financial statements as a distinct segment of the activities that appear in the statements.

(2) The portion of subsection 14(2) of the Act before paragraph (a) is replaced by the following:

(2) The audited financial report or the audited annual financial statements, as the case may be, shall be made available to

187. Section 15 of the Act is replaced by the following:

15. Paragraphs 83(1)(a) and (b) to (g) and section 84 of the Indian Act do not apply to a first nation. In addition, any regulations made under paragraph 73(1)(m) of that Act do not apply to a first nation in respect of the borrowing of money under a law made under paragraph 5(1)(d).

188. Paragraph 32(1)(a) of the Act is replaced by the following:

(a) the first nation has obtained and forwarded to the Commission a certificate in respect of their financial performance, issued by the First Nations Financial Management Board under subsection 50(3); and

189. (1) Subsection 35(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) notices relating to local revenue laws, including any minimum periods applicable to the notices;

(2) Subsection 35(1) of the Act is amended by adding “and” at the end of paragraph (d) and by adding the following after that paragraph:

(e) the dates on or before which laws must be made by a council of a first nation under section 10.

190. (1) The portion of paragraph 36(1)(b) of the Act before subparagraph (i) is replaced by the following:

(b) establishing procedures to be followed for the purposes of section 31 or 33, including procedures

(2) Paragraph 36(3)(d) of the Act is replaced by the following:

(d) delegate any of the powers of the Commission under section 31 or 33 to a panel consisting of one or more commissioners.

(3) Section 36 of the Act is amended by adding the following after subsection (3):

(3.1) Regulations made under paragraph (1)(b) may authorize or require the Chief Commissioner to designate the members of a panel for the purposes of the delegation of powers referred to in paragraph (3)(d).

191. (1) Paragraph 50(2)(b) of the Act is replaced by the following:

(b) an opinion as to whether the first nation was in compliance with the standards or as to which aspects of the standards were not complied with by the first nation.

(2) Subsections 50(3) and (4) of the Act are replaced by the following:

(3) If after completing a review under subsection (1) the Board is of the opinion that the first nation was in compliance, in all material respects, with the standards, it shall issue to the first nation a certificate to that effect.

(4) The Board may, on giving notice to a council, revoke a certificate issued under subsection (3) if, on the basis of financial or other information available to the Board, it is of the opinion that

(a) the basis on which the certificate was issued has materially changed;

(b) the first nation provided information that is incomplete or incorrect or made misrepresentations to the Board; or

(c) the first nation is no longer in compliance, in all material respects, with the standards.

192. (1) Paragraph 53(2)(a) of the Act is replaced by the following:

(a) subject to subsection (3), act in the place of the council of the first nation to make laws under paragraphs 5(1)(a) to (f) and subsection 9(1);

(2) Subsection 53(2) of the Act is amended by adding the following after paragraph (b):

(b.1) act in the place of the council of the first nation to fulfil any of the powers and obligations of the council under any property taxation law and under this Act;

(3) Subsection 53(3) of the Act is replaced by the following:

(3) The Board shall not make a law under paragraph 5(1)(f) or 9(1)(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the local revenues of a first nation, unless the council of the first nation gives its consent.

193. The definition “property tax revenues” in section 57 of the Act is replaced by the following:

“property tax revenues” means moneys raised under laws made under paragraphs 5(1)(a) and (a.1) and payments made to a first nation in lieu of a tax imposed by a law made under paragraph 5(1)(a).

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

(2) The Authority shall accept a first nation as a borrowing member only if the First Nations Financial Management Board has issued to the first nation a certificate in respect of their financial performance under subsection 50(3) and has not subsequently revoked it.

195. Section 77 of the Act is replaced by the following:

77. (1) A first nation that has obtained financing secured by property tax revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such revenues.

(2) A first nation that has obtained financing secured by other revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such other revenues.

196. Subsection 78(1) of the Act is replaced by the following:

78. (1) If a first nation is insolvent, the Authority has priority over all other creditors of the first nation for any moneys that are authorized to be paid to the Authority under a law made under paragraph 5(1)(b) or (d), under an agreement governing a secured revenues trust account or under the Act, but the priority is only in respect of any debt that arises on or after the date on which the first nation receives the initial disbursement of the first loan that it obtained from the Authority.

197. Sections 79 and 80 of the Act are replaced by the following:

79. The Authority shall not make a long-term loan to a borrowing member for the purpose of financing capital infrastructure for the provision of local services on reserve lands unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d).

80. A borrowing member that has obtained a long-term loan secured by property tax revenues from the Authority shall not subsequently obtain a long-term loan secured by property tax revenues from any other person.

198. Subsection 82(3) of the Act is amended by adding the following after paragraph (b):

(b.1) securities of the Authority or of a municipal finance authority established by a province, if the day on which they mature is not later than the day on which the security for which the sinking fund is established matures;

199. Section 84 of the Act is replaced by the following:

84. (1) The Authority shall establish, to make payments or sinking fund contributions for which insufficient moneys are available from borrowing members,

(a) a debt reserve fund solely for financing secured by property tax revenues; and

(b) a debt reserve fund solely for financing secured by other revenues.

(2) Subject to a regulation that fixes different percentages for the purposes of this subsection, the Authority shall withhold 5% of the amount of any long-term loan to a borrowing member that is secured by property tax revenues and of any loan to a borrowing member that is secured by other revenues, regardless of the length of its term, and deposit that amount in the corresponding debt reserve fund.

(2.1) However, the board of directors may, by resolution, reduce the percentage to be withheld from a loan under subsection (2) to a percentage that is not less than 1%, if the board of directors is satisfied that doing so would not have a negative impact on the Authority’s credit rating and the regulations do not fix a different percentage.

(3) A separate account shall be kept for each security issued and for each borrowing member contributing to a debt reserve fund.

(4) The funds of a debt reserve fund may be invested only in securities, investments or deposits referred to in paragraph 82(3)(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days.

(5) If payments from a debt reserve fund reduce its balance

(a) by less than 50% of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established, the Authority may, in accordance with the regulations, require those borrowing members to pay amounts sufficient to replenish the debt reserve fund; and

(b) by 50% or more of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established,

(i) the Authority shall, in accordance with the regulations, require those borrowing members to pay without delay amounts sufficient to replenish the debt reserve fund, and

(ii) in the case of a debt reserve fund described in paragraph (1)(a), those borrowing members shall recover those amounts under their property taxation laws.

(6) Money contributed by a borrowing member to a debt reserve fund, and any investment income received on it, that has not already been repaid to the borrowing member by the Authority shall be repaid when all obligations in respect of the security in respect of which the money was contributed have been satisfied.

200. Section 85 of the Act is amended by adding the following after subsection (4):

(5) Any funds that are paid from the credit enhancement fund to offset a shortfall in the debt reserve fund shall be repaid by that debt reserve fund within 18 months after the day on which the funds are paid or, if more than one payment of funds is made, within 18 months after the day on which the first payment is made. After the expiry of that 18-month period, no further funds shall be paid from the credit enhancement fund to that debt reserve fund unless it has been fully replenished under section 84.

201. Paragraph 89(b) of the Act is replaced by the following:

(b) fixing a percentage in respect of an amount to be withheld from a loan under subsection 84(2), which may be a higher or lower percentage than the percentage set out in that subsection and may vary according to whether the loan is secured by property tax revenues or by other revenues;

202. Paragraph 140(b) of the Act is replaced by the following:

(b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board or Authority would be exempt from that requirement.

203. Section 145 of the Act is amended by adding the following after subsection (2):

(3) This section does not apply if the name of the first nation is added to the schedule on or after the day on which section 145.1 comes into force.

204. The Act is amended by adding the following after section 145:

145.1 (1) By-laws made by a first nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule, except those described in subsection (2), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the first nation under section 5 or are repealed.

(2) By-laws in respect of financial administration made by a first nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule remain in force until they are repealed or until the first nation makes a law that is approved under subsection 9(2).

(3) By-laws made by a first nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force, except those described in subsection (4), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the first nation under section 5 or are repealed.

(4) By-laws in respect of financial administration made by a first nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force remain in force until they are repealed or until the first nation makes a law that is approved under subsection 9(2).

Coming into Force

205. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 17

Canadian Forces Members and Veterans Re-establishment and Compensation Act

Amendments to the Act

206. The definition “compensation” in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

“compensation” means any of the following benefits under this Act, namely, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a family caregiver relief benefit.

207. The Act is amended by adding the following after section 2:

PURPOSE

2.1 The purpose of this Act is to recognize and fulfil the obligation of the people and Government of Canada to show just and due appreciation to members and veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans. This Act shall be liberally interpreted so that the recognized obligation may be fulfilled.

208. Subsection 18(2) of the Act is replaced by the following:

(2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed. For greater certainty, if the determination is in respect of a member, the earnings loss benefit is not payable until the day after the day on which the member is released from the Canadian Forces.

209. (1) The portion of section 39 of the English version of the Act before paragraph (a) is replaced by the following:

39. The permanent impairment allowance under subsection 38(2) and an increase to the permanent impairment allowance under subsection 38(3) begin to be payable on the latest of

(2) Section 39 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) the day after the day on which the member is released from the Canadian Forces.

210. The Act is amended by adding the following after section 40:

Retirement Income Security Benefit

40.1 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

(a) has attained the age of 65 years;

(b) on the day before the day on which they attained the age of 65 years, was eligible to continue to receive an earnings loss benefit under subsection 18(4); and

(c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

(2) The retirement income security benefit begins to be payable on the later of

(a) the day after the day on which the veteran attains the age of 65 years, and

(b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

(3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

(A + B) – C

where

A      is 70% of the earnings loss benefit to which the veteran would be entitled for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the veteran from prescribed sources referred to in subsection 19(1);

B      is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

C      is the total amount that is payable to the veteran for a month from prescribed sources.

(5) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

(b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

40.2 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

(a) attained the age of 65 years after March 31, 2006 but before the prescribed date;

(b) on the day before the day on which they attained the age of 65 years was, as a result of being totally disabled, in receipt of long-term disability benefits under the Service Income Security Insurance Plan Long Term Disability; and

(c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

(2) The retirement income security benefit begins to be payable on the later of

(a) the day after the day on which the veteran attains the age of 65 years, and

(b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

(3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

(A + B) – C

where

A      is 70% of the earnings loss benefit to which the veteran would have been entitled, had the veteran applied, for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that would have been payable to the veteran from prescribed sources referred to in subsection 19(1);

B      is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

C      is the total amount that is payable to the veteran for a month from prescribed sources.

(5) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

(b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

40.3 (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.

(2) The retirement income security benefit begins to be payable on the later of

(a) the first day of the month after the month in which the veteran died, and

(b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

(3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula

A – B

where

A      is 50% of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and

B      is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.

(5) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the value of A in subsection (4); and

(b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

40.4 (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).

(2) The retirement income security benefit begins to be payable on the later of

(a) the day after the day on which the member or the veteran would have attained the age of 65 years, and

(b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

(3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

(4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula

A/2 – B

where

A      is 70% of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and

B      is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.

(5) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the value of A in subsection (4); and

(b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

40.5 (1) The Minister may waive the requirement for an application for the retirement income security benefit if the Minister is satisfied that the veteran or survivor would be eligible for the benefit if they were to apply for it based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions in respect of the earnings loss benefit, permanent impairment allowance or disability award or in respect of the disability pension under the Pension Act.

(2) If the Minister intends to waive the requirement for an application, the Minister shall notify the veteran or survivor in writing of that intention.

(3) If the veteran or survivor accepts the waiver of the requirement for an application, the veteran or survivor shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

(4) The veteran or the survivor may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

(5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the veteran or the survivor make an application for the retirement income security benefit and, in that case, the Minister shall notify the veteran or survivor in writing of that requirement.

40.6 The Minister may, in the prescribed circumstances, suspend the payment of a retirement income security benefit or cancel the benefit.

211. Paragraph 41(a) of the Act is replaced by the following:

(a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1), 23(3), 40.1(4), 40.2(4), 40.3(4) or 40.4(4), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

212. The heading to Part 3 of the Act is replaced by the following:

CRITICAL INJURY, DISABILITY, DEATH AND DETENTION

213. Section 42 of the Act is replaced by the following:

42. This Part, other than sections 44.1 to 44.3, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

214. The Act is amended by adding the following after section 44:

Critical Injury Benefit

44.1 (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease

(a) was a service-related injury or disease;

(b) was the result of a sudden and single incident that occurred after March 31, 2006; and

(c) immediately caused a severe impairment and severe interference in their quality of life.

(2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.

(3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.

44.2 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2.

44.3 (1) The Minister may waive the requirement for an application in subsection 44.1(1) if the Minister is satisfied, based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, including in respect of the disability award or in respect of the disability pension under the Pension Act, that the member or veteran is entitled to the critical injury benefit.

(2) If the Minister intends to waive the requirement for an application, the Minister shall notify the member or veteran in writing of that intention.

(3) If the member or veteran accepts the waiver of the requirement for an application, the member or the veteran shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

(4) The member or veteran may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

(5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the member or veteran make an application for the critical injury benefit and, in that case, the Minister shall notify the member or veteran in writing of that requirement.

215. The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:

46. (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

216. Section 63 of the Act is replaced by the following:

63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, a disability award or a death benefit under this Part.

217. The Act is amended by adding the following after section 65:

PART 3.1

FAMILY CAREGIVER RELIEF BENEFIT

65.1 (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if

(a) they have had an application for a disability award approved under section 45;

(b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;

(c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteran’s home for which the person receives no remuneration; and

(d) the veteran meets the prescribed eligi-bility requirements.

(2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

(3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteran’s home, the Minister shall consider only prescribed factors.

(4) A veteran who is eligible for an attendance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.

65.2 The annual amount of a family caregiver relief benefit that is payable to a veteran shall be the amount set out in column 2 of item 5 of Schedule 2.

65.3 The Minister may, for the purpose of determining whether a veteran may continue to receive a family caregiver relief benefit, require the veteran to undergo an assessment by a person specified by the Minister.

65.4 The Governor in Council may make regulations

(a) defining “care” for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

(b) defining “home” for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).

218. The Act is amended by adding the following after section 75:

Transition to Civilian Life

75.1 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances.

75.2 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran.

219. The portion of section 82 of the Act before paragraph (a) is replaced by the following:

82. The Minister may, for the purpose of determining whether a person is entitled to receive an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security benefit under this Act,

220. Section 83 of the Act is replaced by the following:

83. Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 2 or 3.1 or under this section.

221. The portion of subsection 88(4) of the Act before paragraph (a) is replaced by the following:

(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

222. (1) Paragraph 94(e) of the Act is replaced by the following:

(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information, declaration or document is provided;

(2) Paragraph 94(g) of the Act is replaced by the following:

(g) providing for a review of any decisions made under Part 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

223. The Act is amended by adding the following after section 94:

94.1 Regulations made in respect of the retirement income security benefit and the family caregiver relief benefit under subsections 40.1(5), 40.2(5), 40.3(5) and 40.4(5) and sections 41, 65.4 and 94 may, if they so provide, be retroactive.

224. Schedule 2 to the Act is amended by replacing the references after the heading “SCHEDULE 2” with the following:

(Subsections 38(2) and (3), section 44.2, subsection 58(1), sections 61 and 65.2, paragraph 94(c) and subsection 98(2))

225. (1) Schedule 2 to the Act is amended by adding the following after item 2.1:

(2) Schedule 2 to the Act is amended by adding the following after item 4:

Consequential Amendments to the Veterans Review and Appeal Board Act

226. Subsection 19(2) of the Veterans Review and Appeal Board Act is replaced by the following:

(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act, or the amount of a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.

227. (1) Subsection 34(1) of the Act is replaced by the following:

34. (1) A person who has been refused an award under the Pension Act or a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.

(2) Subsection 34(3) of the Act is replaced by the following:

(3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act or a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

Coordinating Amendment

228. On the first day on which both subsection 683(2) of the Jobs, Growth and Long-term Prosperity Act and subsection 222(1) of this Act are in force, paragraph 94(e) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance, a family caregiver relief benefit, or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information, declaration or document is provided;

Coming into Force

229. This Division comes into force, or is deemed to have come into force, on July 1, 2015.

Division 18

Ending the Long-gun Registry Act

230. Subsection 29(3) of the Ending the Long-gun Registry Act is replaced by the following:

(3) Sections 12 and 13 of the Library and Archives of Canada Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).

(4) The Access to Information Act, including sections 4, 30, 36, 37, 41, 42, 46, 67 and 67.1, does not apply, as of October 25, 2011, with respect to the records and copies referred to in subsections (1) and (2) or with respect to their destruction.

(5) The Privacy Act, including subsections 6(1) and (3) and sections 12, 29, 34, 35, 41, 42, 45 and 68, does not apply, as of October 25, 2011, with respect to personal information, as defined in section 3 of that Act, that is contained in the records and copies referred to in subsections (1) and (2) or with respect to the disposal of that information.

(6) For greater certainty, any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act with respect to any act or thing referred to in subsection (4) or (5) that is in existence on or after October 25, 2011 is to be determined in accordance with that subsection.

(7) In the event of an inconsistency between subsection (1) or (2) and any other Act of Parliament, that subsection prevails to the extent of the inconsistency, and the destruction of the records and copies referred to in that subsection shall take place despite any requirement to retain the records or copies in that other Act.

231. Section 30 of the Act and the heading before it are replaced by the following:

30. (1) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms or a chief firearms officer, or any person acting on behalf of or under the direction of any of them, with respect to the destruction, on or after April 5, 2012, of the records and copies referred to in subsections 29(1) and (2).

(2) No administrative, civil or criminal proceedings lie against the Crown, a Crown servant, the Commissioner of Firearms, a chief firearms officer, a government institution or the head of a government institution, or any person acting on behalf of or under the direction of any of them, for any act or omission done, during the period beginning on October 25, 2011 and ending on the day on which this subsection comes into force, in purported compliance with the Access to Information Act or the Privacy Act in relation to any of the records and copies referred to in subsections 29(1) and (2).

(3) In subsection (2), “government institution” and “head” have the same meanings as in section 3 of the Access to Information Act or the same meanings as in section 3 of the Privacy Act, as the case may be.

Division 19

Privilege for Supervisory Information

Trust and Loan Companies Act

232. The Trust and Loan Companies Act is amended by adding the following after section 503.1:

504. (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) a company may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the company, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or a company to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintend-ent, the Attorney General of Canada or the company.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.