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Bill C-44

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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-44
An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
AS PASSED
BY THE HOUSE OF COMMONS
June 12, 2017
90834


RECOMMENDATION
His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures”.
SUMMARY
Part 1 implements certain income tax measures proposed in the March 22, 2017 budget by
(a)eliminating the investment tax credit for child care spaces;
(b)eliminating the deduction for eligible home relocation loans;
(c)ensuring that amounts received on account of the caregiver recognition benefit under the Veterans Well-being Act are exempt from income tax;
(d)eliminating tax exemptions of allowances for members of legislative assemblies and certain municipal officers;
(e)eliminating the tax exemption for insurers of farming and fishing property;
(f)eliminating the additional deduction for gifts of medicine;
(g)replacing the existing caregiver credit, infirm dependant credit and family caregiver tax credit with the new Canada caregiver credit;
(h)eliminating the public transit tax credit;
(i)ensuring certain costs related to the use of reproductive technologies qualify for the medical expense tax credit;
(j)extending the list of medical practitioners that can certify eligibility for the disability tax credit to include nurse practitioners;
(k)extending eligibility for the tuition tax credit to fees paid for occupational skills courses at post-secondary institutions and taking into account such courses in determining whether an individual is a qualifying student under the Income Tax Act;
(l)extending, for one year, the mineral exploration tax credit for flow-through share investors;
(m)eliminating the tobacco manufacturers’ surtax;
(n)permitting employers to distribute T4 information slips electronically provided certain conditions are met; and
(o)delaying the repeal of the provisions related to the National Child Benefit supplement in the Income Tax Act.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 22, 2017 budget by
(a)adding naloxone and its salts to the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening conditions;
(b)amending the definition of “taxi business” to require, in certain circumstances, providers of ride-sharing services to register for the GST/HST and charge GST/HST in the same manner as taxi operators; and
(c)repealing the GST/HST rebate available to non-residents for the GST/HST that is payable in respect of the accommodation portion of eligible tour packages.
Part 3 implements certain excise measures proposed in the March 22, 2017 budget by
(a)adjusting excise duty rates on tobacco products to account for the elimination of the tobacco manufacturers’ surtax; and
(b)increasing the excise duty rates on alcohol products by 2% and automatically adjusting those rates annually by the Consumer Price Index starting in April 2018.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Special Import Measures Act to provide for binding and appealable rulings as to whether a particular good falls within the scope of a trade remedy measure, authorities to investigate and address the circumvention of trade remedy measures, consideration of whether a particular market situation is rendering selling prices in an exporting country unreliable for the purposes of determining normal values and the termination of a trade remedy investigation in respect of an exporter found to have an insignificant margin of dumping or amount of subsidy.
Division 2 of Part 4 enacts the Borrowing Authority Act, which allows the Minister of Finance to borrow money on behalf of Her Majesty in right of Canada with the authorization of the Governor in Council and provides for the maximum amount of certain borrowings. The Division amends the Financial Administration Act and the Hibernia Development Project Act to provide that the applicable rate of currency exchange quoted by the Bank of Canada is its daily average rate. It also amends the Financial Administration Act to allow that Minister to choose a rate of currency exchange other than one quoted by the Bank of Canada. Finally, it makes a consequential amendment to the Budget Implementation Act, 2016, No. 1.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act and the Bank Act to
(a)specify that one of the objects of the Canada Deposit Insurance Corporation is to act as the resolution authority for its member institutions;
(b)require Canada’s domestic systemically important banks to develop, submit and maintain resolution plans to that Corporation; and
(c)provide the Superintendent of Financial Institutions greater flexibility in setting the requirement for domestic systemically important banks to maintain a minimum capacity to absorb losses.
Division 4 of Part 4 amends the Shared Services Canada Act in order to permit the Minister responsible for Shared Services Canada to do the following, subject to any terms and conditions that that Minister specifies:
(a)delegate certain powers given to that Minister under that Act to an “appropriate Minister”, as defined in section 2 of the Financial Administration Act; and
(b)authorize in exceptional circumstances a department to obtain a particular service other than from that Minister through Shared Services Canada, including by meeting its requirement for that service internally.
Division 5 of Part 4 authorizes a payment to be made out of the Consolidated Revenue Fund to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.
Division 6 of Part 4 amends the Canada Student Financial Assistance Act to expand eligibility for student financial assistance under that Act to include persons registered as Indians under the Indian Act, whether or not they are Canadian citizens, permanent residents or protected persons. It also amends the Canada Education Savings Act to permit the primary caregiver’s cohabiting spouse or common-law partner to designate a trust to which is to be paid a Canada Learning Bond or an additional amount of a Canada Education Savings grant and to apply to the Minister for the waiver of certain requirements of that Act or the regulations to avoid undue hardship. It also amends that Act to provide rules for the payment of an additional amount of a Canada Education Savings grant in situations where more than one trust has been designated.
Division 7 of Part 4 amends the Parliament of Canada Act to provide for the Parliamentary Budget Officer to report directly to Parliament and to be supported by an office that is separate from the Library of Parliament and to provide for the appointment and tenure of the Parliamentary Budget Officer to be that of an officer of Parliament. It expands the Parliamentary Budget Officer’s right of access to government information, clarifies the Parliamentary Budget Officer’s mandate with respect to the provision of research, analysis and costings and establishes a new mandate with respect to the costing of platform proposals during election periods. It also makes consequential amendments to certain Acts.
This Division also amends the Parliament of Canada Act to provide that the meetings of the Board of Internal Economy of the House of Commons are open, with certain exceptions, to the public.
Division 8 of Part 4 amends the Investment Canada Act to provide for an immediate increase to $1 billion of the review threshold amount for certain investments by WTO investors that are not state-owned enterprises. In addition, it requires that the report of the Director of Investments on the administration of that Act also include Part IV.‍1.
Division 9 of Part 4 provides funding to provinces for home care services and mental health services for the fiscal year 20172018.
Division 10 of Part 4 amends the Judges Act to implement the Response of the Government of Canada to the Report of the 2015 Judicial Compensation and Benefits Commission. It provides for the continued statutory indexation of judicial salaries, an increase to the salaries of Federal Court prothonotaries to 80% of that of a Federal Court judge, an annual allowance for prothonotaries and reimbursement of legal costs incurred during their participation in the compensation review process. It also makes changes to the compensation of certain current and former chief justices to appropriately compensate them for their service and it makes technical amendments to ensure the correct division of annuities and enforcement of financial support orders, where necessary. Finally, it increases the number of judges of the Court of Queen’s Bench of Alberta and the Yukon Supreme Court and increases the number of judicial salaries that may be paid under paragraph 24(3)‍(a) of that Act from thirteen to sixteen and under paragraph 24(3)‍(b) from fifty to sixty-two.
Division 11 of Part 4 amends the Employment Insurance Act to, among other things, allow for the payment of parental benefits over a longer period at a lower benefit rate, allow maternity benefits to be paid as early as the 12th week before the expected week of birth, create a benefit for family members to care for a critically ill adult and allow for benefits to care for a critically ill child to be payable to family members.
This Division also amends the Canada Labour Code to, among other things, increase the maximum length of parental leave to 63 weeks, extend the period prior to the estimated date of birth when the maternity leave may begin to 13 weeks, create a leave for a family member to care for a critically ill adult and allow for the leave related to the critical illness of a child to be taken by a family member.
Division 12 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,
(a)specify to whom career transition services may be provided under Part 1 of the Act and authorize the Governor in Council to make regulations respecting those services;
(b)create a new education and training benefit that will provide a veteran with up to $80,000 for a course of study at an educational institution or for other education or training that is approved by the Minister of Veterans Affairs;
(c)end the family caregiver relief benefit and replace it with a caregiver recognition benefit that is payable to a person designated by a veteran;
(d)authorize the Minister of Veterans Affairs to waive the requirement for an application for compensation, services or assistance under the Act in certain cases;
(e)set out to whom any amount payable under the Act is to be paid if the person who is entitled to that amount dies before receiving it; and
(f)change the name of the Act.
The Division also amends the Pension Act and the Department of Veterans Affairs Act to remove references to hospitals under the jurisdiction of the Department of Veterans Affairs as there are no longer any such hospitals.
Finally, it makes consequential amendments to other Acts.
Division 13 of Part 4 amends the Immigration and Refugee Protection Act to
(a)provide that a foreign national who is a member of a certain portion of the class of foreign nationals who are nominated by a province or territory for the purposes of that Act may be issued an invitation to make an application for permanent residence only in respect of that class;
(b)provide that a foreign national who declines an invitation to make an application in relation to an expression of interest remains eligible to be invited to make an application in relation to the same expression of interest;
(c)authorize the Minister to give a single ministerial instruction that sets out the rank, in respect of different classes, that an eligible foreign national must occupy to be invited to make an application;
(d)provide that a ministerial instruction respecting the criteria that a foreign national must meet to be eligible to be invited to make an application applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect;
(e)authorize the Minister, for the purpose of facilitating the selection of a foreign national as a member of a class or a temporary resident, to disclose personal information in relation to the foreign national that is provided to the Minister by a third party or created by the Minister;
(f)set out the circumstances in which an officer under that Act may issue documents in respect of an application to foreign nationals who do not meet certain criteria or do not have the qualifications they had when they were issued an invitation to make an application; and
(g)provide that the Service Fees Act does not apply to fees for the acquisition of permanent residence status or to certain fees for services provided under the Immigration and Refugee Protection Act.
Division 14 of Part 4 amends the Employment Insurance Act to broaden the definition of “insured participant”, in Part II of that Act, as well as the support measures that may be established by the Canada Employment Insurance Commission. It also repeals certain provisions of that Act.
Division 15 of Part 4 amends the Aeronautics Act, the Navigation Protection Act, the Railway Safety Act and the Canada Shipping Act, 2001 to provide the Minister of Transport with the authority to enter into agreements respecting any matter for which a charge or fee could be prescribed under those Acts and to make related amendments.
Division 16 of Part 4 amends the Food and Drugs Act to give the Minister of Health the authority to fix user fees for services, use of facilities, regulatory processes and approvals, products, rights and privileges that are related to drugs, medical devices, food and cosmetics. It also gives that Minister the authority to remit those fees, to adjust them and to withhold or withdraw services for the non-payment of them. Finally, it exempts those fees from the Service Fees Act.
Division 17 of Part 4 amends the Canada Labour Code to, among other things,
(a)transfer to the Canada Industrial Relations Board the powers, duties and functions of appeals officers under Part II of that Act and of referees and adjudicators under Part III of that Act;
(b)provide a complaint mechanism under Part III of that Act for employer reprisals;
(c)permit the Minister of Labour to order an employer to determine, following an internal audit, whether it is in compliance with a provision of Part III of that Act and to provide the Minister with a corresponding report;
(d)permit inspectors to order an employer to cease the contravention of a provision of Part III of that Act;
(e)extend the period with respect to which a payment order to recover unpaid wages or other amounts may be issued;
(f)impose administrative fees on employers to whom payment orders are issued; and
(g)establish an administrative monetary penalty scheme to supplement existing enforcement measures under Parts II and III of that Act.
This Division also amends the Wage Earner Protection Program Act to transfer to the Canada Industrial Relations Board the powers, duties and functions of adjudicators under that Act and makes consequential amendments to other Acts.
Division 18 of Part 4 enacts the Canada Infrastructure Bank Act, which establishes the Canada Infrastructure Bank as a Crown corporation. The Bank’s purpose is to invest in, and seek to attract private sector and institutional investment to, revenue-generating infrastructure projects. The Act also provides for, among other things, the powers and functions of the Bank, its governance framework and its financial management and control, allows for the appointment of a designated Minister, and provides that the Minister of Finance may pay to the Bank up to $35 billion and approve loan guarantees. Finally, this Division makes consequential amendments to the Access to Information Act, the Financial Administration Act and the Payments in Lieu of Taxes Act.
Division 19 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, expand the list of disclosure recipients to include the Department of National Defence and the Canadian Armed Forces and to include beneficial ownership information as “designated information” that can be disclosed by the Financial Transactions and Reports Analysis Centre of Canada. It also makes several technical amendments to ensure that the legislation functions as intended and to clarify certain provisions, including the definition of “client” and the application of that Act to trust companies.
Division 20 of Part 4 enacts the Invest in Canada Act. It also makes consequential and related amendments to other Acts.
Division 21 of Part 4 enacts the Service Fees Act. The Act requires responsible authorities, before certain fees are fixed, to develop fee proposals for consultation and to table them in Parliament. It also requires that performance standards be established in relation to certain fees and that responsible authorities remit those fees when the standards are not met. It adjusts certain fees on an annual basis in accordance with the Consumer Price Index. Furthermore, it requires responsible authorities and the President of the Treasury Board to report on fees. This Division also makes a related amendment to the Economic Action Plan 2014 Act, No. 1 and terminological amendments to other Acts and repeals the User Fees Act.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


TABLE OF PROVISIONS
An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Short Title
1
Budget Implementation Act, 2017, No. 1
PART 1
Amendments to the Income Tax Act and to Related Legislation
2
PART 2
Amendments to the Excise Tax Act (GST/HST Measures)
35
PART 3
Amendments to the Excise Act, the Excise Act, 2001 and the Economic Action Plan 2014 Act, No. 1
42
PART 4
Various Measures
DIVISION 1
Special Import Measures Act
68
DIVISION 2
Public Debt
103
Enactment of Borrowing Authority Act
An Act to provide the Minister of Finance with borrowing authority and to provide for a maximum amount of certain borrowings
1
Borrowing Authority Act
2
Definitions
3
Borrowing authority
4
Maximum amount that may be borrowed
5
Exception — amounts not counting towards total
6
Exception — maximum amount may be exceeded
7
Minister’s responsibility
8
Report to Parliament
DIVISION 3
Financial Sector Stability
108
DIVISION 4
Shared Services Canada Act
113
DIVISION 5
Payment to the Canadian Institute for Advanced Research
115
DIVISION 6
Financial Assistance for Students
116
DIVISION 7
Parliamentary Budget Officer and Board of Internal Economy
122
DIVISION 8
Investment Canada Act
192
DIVISION 9
Funding for Home Care Services and Mental Health Services
195
DIVISION 10
Judges Act
196
DIVISION 11
Support for Families: Benefits and Leaves
229
DIVISION 12
Canadian Forces Members and Veterans
270
DIVISION 13
Immigration and Refugee Protection Act
300
DIVISION 14
Employment Insurance Act
306
DIVISION 15
Agreements — Minister of Transport
312
DIVISION 16
Food and Drugs Act
317
DIVISION 17
Labour and Employment Laws
318
DIVISION 18
Canada Infrastructure Bank Act
403
Enactment of Act
An Act to establish the Canada Infrastructure Bank
Short Title
1
Canada Infrastructure Bank Act
Interpretation
2
Definitions
Designation and Appropriate Minister
3
Designation of Minister
4
Appropriate Minister
Establishment and Organization of the Bank
Status of the Bank
5
Establishment
Purpose and Functions
6
Purpose of Bank
7
Functions of Bank
Board and Chief Executive Officer
8
Membership of Board
9
Appointment of Chief Executive Officer
10
Ineligibility for appointment
11
No overlapping offices
12
Remuneration
13
Expenses of directors
14
Accident compensation
15
Committees of Board
Financial Management and Control
16
Corporate plans
17
Operating budgets
Certain Bank Powers
18
Investments, etc.
19
Loan guarantees — limitation
20
Non-application of provision
21
Subsidiaries — Ministerial authorization
Powers of Minister of Finance
22
Recommendation for loan or loan guarantee
23
Capital payments
24
Loans to the Bank
Miscellaneous Provisions
25
Capital and shares
26
Financial year
27
Five-year review
28
Privileged information
29
Use of Bank’s name, initials or acronyms
30
Auditors
31
Offence
32
Regulations
33
Inconsistency
Transitional Provisions
34
First Chief Executive Officer
DIVISION 19
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
407
DIVISION 20
Invest in Canada Act
442
Enactment of Act
An Act to establish the Invest in Canada Hub
Short Title
1
Invest in Canada Act
Interpretation
2
Definitions
Designation
3
Designation of Minister
Invest in Canada Hub Established
4
Invest in Canada Hub
Mandate
5
Mandate
Functions and Powers
6
Functions
7
Powers of Invest in Canada Hub
8
General authority
9
Procurement of goods and services
10
Legal proceedings
Minister
11
Responsibility of Minister
Board of Directors
12
Establishment and composition
13
Role of board of directors
Chairperson and Vice-Chaiperson
14
Role of Chairperson
Chief Executive Officer
15
Appointment
16
Role of Chief Executive Officer
Human Resources
17
Human resources management
18
Power to appoint
19
Group insurance and benefit programs
20
Staffing program
21
Negotiation of collective agreements
22
Pension — Chief Executive Officer
23
Compensation
DIVISION 21
Modernization of Service Fees
451
Enactment of the Service Fees Act
An Act respecting certain government fees, charges and levies
Short Title
1
Service Fees Act
Interpretation
2
Definitions
Performance Standards
3
Application — sections 4 to 7
4
Obligation — responsible authority
5
Amendments
6
Accessibility
7
Remissions
8
Statutory Instruments Act
Consultation and Parliamentary Review
9
Application — sections 10 to 15
10
Requirements
11
Fee proposal
12
Consultation
13
Complaints
14
Tabling of materials in Parliament
15
Parliamentary review
Annual Adjustment
16
Non-application — sections 17 and 18
17
Consumer Price Index
18
Effect of section 17
Reports
19
Non-application — sections 20 and 21
20
Report — responsible authority
21
Report — President of the Treasury Board
Low-materiality Fees
22
Non-application — sections 3 to 18
schedule 1
Schedule 2


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-44
An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short Title
1This Act may be cited as the Budget Implementation Act, 2017, No. 1.
PART 1
Amendments to the Income Tax Act and to Related Legislation
R.‍S.‍, c. 1 (5th Supp.‍)
Income Tax Act
2(1)Paragraph 6(1)‍(f.‍1) of the Income Tax Act is replaced by the following:
Canadian Forces members and veterans income replacement benefits
(f.‍1)the total of all amounts received by the taxpayer in the year on account of an earnings loss benefit, a supplementary retirement benefit or a career impact allowance payable to the taxpayer under Part 2 of the Veterans Well-being Act;
(2)Subsection (1) comes into force on April 1, 2018.
3(1)Subsection 18(9) of the Act is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
(2)Subsection (1) applies in respect of expenditures incurred after March 21, 2017, except that subsection (1) does not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.
4(1)Paragraph 20(1)‍(nn.‍1) of the Act is repealed.
(2)Subsection (1) applies in respect of expenditures incurred after March 21, 2017, except that subsection (1) does not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.
5(1)Subsection 80.‍4(4) of the Act is replaced by the following:
Interest on loans for home purchase or relocation
(4)For the purpose of computing the benefit under subsection (1) in a taxation year in respect of a home purchase loan or a home relocation loan, the amount of interest determined under paragraph (1)‍(a) shall not exceed the amount of interest that would have been determined thereunder if it had been computed at the prescribed rate in effect at the time the loan was received or the debt was incurred, as the case may be.
(2)Subsection (1) comes into force on January 1, 2018.
6(1)Paragraph 81(1)‍(d.‍1) of the Act is replaced by the following:
Canadian Forces members and veterans amounts
(d.‍1)the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Veterans Well-being Act, on account of a critical injury benefit, disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act or on account of a family caregiver relief benefit or a caregiver recognition benefit payable to the taxpayer under Part 3.‍1 of that Act;
(2)Paragraph 81(1)‍(d.‍1) of the Act, as enacted by subsection (1), is replaced by the following:
Canadian Forces members and veterans amounts
(d.‍1)the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Veterans Well-being Act, on account of a critical injury benefit, disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act or on account of a caregiver recognition benefit payable to the taxpayer under Part 3.‍1 of that Act;
(3)Subsections 81(2) and (3) of the Act are repealed.
(4)Subsection (1) comes into force on April 1, 2018.
(5)Subsection (2) applies in respect of the 2020 and subsequent taxation years.
(6)Subsection (3) comes into force on January 1, 2019.
7(1)Paragraph (b) of the definition taxable Canadian corporation in subsection 89(1) of the Act is replaced by the following:
(b)was not, by reason of a statutory provision, exempt from tax under this Part; (société canadienne imposable)
(2)Subsection (1) applies to taxation years that begin after 2018.
8(1)Paragraph 110(1)‍(j) of the Act is repealed.
(2)Subsection 110(1.‍4) of the Act is repealed.
(3)Subsections (1) and (2) come into force on January 1, 2018.
9(1)Paragraph 110.‍1(1)‍(a.‍1) of the Act is repealed.
(2)Subsections 110.‍1(8) and (9) of the Act are repealed.
(3)Subsections (1) and (2) apply in respect of gifts made after March 21, 2017.
10(1)Paragraph (b) of the description of E in the definition non-capital loss in subsection 111(8) of the Act is replaced by the following:
(b)an amount deducted under paragraph (1)‍(b) or section 110.‍6, or deductible under any of paragraphs 110(1)‍(d) to (d.‍3), (f), (g) and (k), section 112 and subsections 113(1) and 138(6), in computing the taxpayer’s taxable income for the year, or
(2)Subsection (1) comes into force on January 1, 2018.
11(1)Subsection 117.‍1(1.‍1) of the Act is repealed.
(2)Subsection (1) applies to the 2017 and subsequent taxation years.
12(1)Clause (A) of the description of C in subparagraph (a)‍(ii) of the description of B in subsection 118(1) of the Act is replaced by the following:
(A)$2,150 if the spouse or common-law partner is dependent on the individual by reason of mental or physical infirmity, and
(2)The portion of clause (A) before subclause (I) of the description of D in subparagraph (b)‍(iv) of the description of B in subsection 118(1) of the Act is replaced by the following:
(A)$2,150 if
(3)The portion of paragraph (b.‍1) before subparagraph (i) of the description of B in subsection 118(1) of the Act is replaced by the following:
Caregiver amount for infirm child
(b.‍1)$2,150 for each child, who is under the age of 18 years at the end of the taxation year, of the individual and who, by reason of mental or physical infirmity, is likely to be, for a long and continuous period of indefinite duration, dependent on others for significantly more assistance in attending to the child’s personal needs and care, when compared to children of the same age if
(4)Paragraphs (c.‍1) to (e) of the description of B in subsection 118(1) of the Act are replaced by the following:
Canada caregiver credit
(d)for each person who, at any time in the year,
(i)is dependent on the individual because of mental or physical infirmity, and
(ii)either
(A)is a spouse or common-law partner of the individual, or
(B)has attained the age of 18 years and is a dependant of the individual,
the amount determined by the formula
$6,883 − E
where
E
is the amount, if any, by which the dependant’s income for the year exceeds $16,163, and
Additional amount
(e)in the case of an individual entitled to a deduction in respect of a person because of paragraph (a) or (b) and who would also be entitled, but for paragraph (4)‍(c), to a deduction because of paragraph (d) in respect of the person, the amount by which the amount that would be determined under paragraph (d) exceeds the amount determined under paragraph (a) or (b), as the case may be, in respect of the person.
(5)Paragraphs 118(4)‍(c) to (e) of the Act are replaced by the following:
(c)if an individual is entitled to a deduction under subsection (1) because of paragraph (a) or (b) of the description of B in subsection (1) for a taxation year in respect of any person, no amount may be deducted because of paragraph (d) of that description by any individual for the year in respect of the person; and
(d)if more than one individual is entitled to a deduction under subsection (1) because of paragraph (d) of the description of B in subsection (1) for a taxation year in respect of the same person,
(i)the total of all amounts so deductible for the year shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals for that person if that individual were the only individual entitled to deduct an amount for the year because of that paragraph for that person, and
(ii)if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.
(6)The portion of subsection 118(6) of the Act before paragraph (a) is replaced by the following:
Definition of dependant
(6)For the purposes of paragraph (d) of the description of B in subsection (1), dependant, of an individual for a taxation year, means a person who at any time in the year is dependent on the individual for support and is
(7)Subsections (1) to (6) apply to the 2017 and subsequent taxation years. However, for the 2017 taxation year, subsection 117.‍1(1) of the Act does not apply in respect of amounts expressed in dollars in
(a)clause (A) of the description of C in subparagraph (a)‍(ii) of the description of B in subsection 118(1) of the Act, as enacted by subsection (1);
(b)clause (A) of the description of D in subparagraph (b)‍(iv) of the description of B in subsection 118(1) of the Act, as amended by subsection (2);
(c)paragraph (b.‍1) of the description of B in subsection 118(1) of the Act, as amended by subsection (3); and
(d)paragraph (d) of the description of B in subsection 118(1) of the Act, as enacted by subsection (4).
13(1)The description of C in the description of B in subsection 118.‍02(2) of the Act is replaced by the following:
C
is the total of all amounts each of which is the portion of the cost of an eligible public transit pass or of an eligible electronic payment card, attributable to the use of public commuter transit services in the taxation year and before July 2017 by the individual or by a person who is in the taxation year a qualifying relation of the individual, and
(2)Section 118.‍02 of the Act, as amended by subsection (1), is repealed.
(3)Subsection (1) applies to the 2017 taxation year.
(4)Subsection (2) applies to the 2018 and subsequent taxation years.
14(1)Clause (c)‍(i)‍(B) of the definition eligible individual in subsection 118.‍041(1) of the Act is replaced by the following:
(B)paragraph (d) of the description of B in that subsection where the qualifying individual is a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the individual, or of the individual’s spouse or common-law partner, or
(2)Subsection (1) applies to the 2017 and subsequent taxation years.
15(1)Section 118.‍2 of the Act is amended by adding the following after subsection (2.‍1):
Fertility expenses
(2.‍2)An amount is deemed to be a medical expense of an individual for the purposes of this section if the amount
(a)is paid for the purpose of a patient (within the meaning of subsection (2)) conceiving a child; and
(b)would be a medical expense of the individual (within the meaning of subsection (2)) if the patient were incapable of conceiving a child because of a medical condition.
(2)Subsection (1) applies to the 2017 and subsequent taxation years. However, if an individual makes a request for a refund in respect of a taxation year to the Minister of National Revenue within the time limit specified in paragraph 164(1.‍5)‍(a) of the Act, subsection (1) also applies in respect of that taxation year.
16(1)The portion of paragraph 118.‍3(1)‍(a.‍2) of the Act before subparagraph (i) is replaced by the following:
(a.‍2)in the case of an impairment in physical or mental functions the effects of which are such that the individual’s ability to perform a single basic activity of daily living is markedly restricted or would be so restricted but for therapy referred to in paragraph (a.‍1), a medical practitioner has certified in prescribed form that the impairment is a severe and prolonged impairment in physical or mental functions the effects of which are such that the individual’s ability to perform a basic activity of daily living is markedly restricted or would be markedly restricted, but for therapy referred to in paragraph (a.‍1), where the medical practitioner is a medical doctor, a nurse practitioner or, in the case of
(2)Subparagraphs 118.‍3(1)‍(a.‍3)‍(i) and (ii) of the Act are replaced by the following:
(i)an impairment with respect to the individual’s ability in feeding or dressing themself, or in walking, a medical doctor, a nurse practitioner or an occupational therapist, and
(ii)in the case of any other impairment, a medical doctor or nurse practitioner,
(3)Clause 118.‍3(2)‍(a)‍(i)‍(B) of the Act is replaced by the following:
(B)paragraph (d) of that description where the person is a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the individual, or of the individual’s spouse or common-law partner, or
(4)Subsections (1) and (2) apply in respect of certifications made after March 21, 2017.
(5)Subsection (3) applies to the 2017 and subsequent taxation years.
17(1)The portion of subsection 118.‍4(2) of the Act before paragraph (a) is replaced by the following:
Reference to medical practitioners, etc.
(2)For the purposes of sections 63, 64, 118.‍2, 118.‍3 and 118.‍6, a reference to an audiologist, dentist, medical doctor, medical practitioner, nurse, nurse practitioner, occupational therapist, optometrist, pharmacist, physiotherapist, psychologist or speech-language pathologist is a reference to a person authorized to practise as such,
(2)Subsection (1) is deemed to have come into force on March 22, 2017.
18(1)Subparagraph 118.‍5(1)‍(a)‍(ii.‍1) of the Act is replaced by the following:
(ii.‍1)are paid to an educational institution described in subparagraph (i) in respect of courses that are not at the post-secondary school level, if
(A)the individual had not attained the age of 16 years before the end of the year, or
(B)the purpose of the individual’s enrolment at the institution cannot reasonably be regarded as being to provide the individual with skills, or to improve the individual’s skills, in an occupation,
(2)Subsection (1) applies to the 2017 and subsequent taxation years.
19(1)The portion of the definition qualifying educational program in subsection 118.‍6(1) of the Act before paragraph (a) is replaced by the following:
qualifying educational program means a program of not less than three consecutive weeks duration that provides that each student taking the program spend not less than 10 hours per week on courses or work in the program and, in respect of a program at an institution described in the definition designated educational institution (other than an institution described in subparagraph (a)‍(ii) of that definition), that is a program that does not consist primarily of research (unless the program leads to a diploma from a college or a Collège d’enseignement général et professionnel, or a bachelor, masters, doctoral or equivalent degree) but, in relation to any particular student, does not include a program if the student receives, from a person with whom the student is dealing at arm’s length, any allowance, benefit, grant or reimbursement for expenses in respect of the program other than
(2)The portion of paragraph (c) of the definition qualifying student in subsection 118.‍6(1) of the Act before subparagraph (i) is replaced by the following:
(c)in the case of an individual who is enrolled in a program (other than a program at the post-secondary school level) at a designated educational institution described in subparagraph (a)‍(i) of the definition designated educational institution or who is enrolled in a program at a designated educational institution described in subparagraph (a)‍(ii) of that definition,
(3)The definition qualifying student in subsection 118.‍6(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d)in the case of an individual who is enrolled at a designated educational institution described in paragraph (c) of the definition designated educational institution, is enrolled in a program that is at the post-secondary level; (étudiant admissible)
(4)Subsections (1) to (3) apply to the 2017 and subsequent taxation years.
20(1)Section 118.‍92 of the Act is replaced by the following:
Ordering of credits
118.‍92In computing an individual’s tax payable under this Part, the following provisions shall be applied in the following order: subsections 118(1) and (2), section 118.‍7, subsections 118(3) and (10) and sections 118.‍01, 118.‍04, 118.‍041, 118.‍05, 118.‍06, 118.‍07, 118.‍3, 118.‍61, 118.‍5, 118.‍9, 118.‍8, 118.‍2, 118.‍1, 118.‍62 and 121.
(2)Subsection (1) applies to the 2018 and subsequent taxation years.
21(1)Subparagraph 122.‍3(1)‍(e)‍(iii) of the Act is replaced by the following:
(iii)the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under paragraph 110(1)‍(d.‍2), (d.‍3), (f) or (g), in computing the individual’s taxable income for the year.
(2)Subsection (1) comes into force on January 1, 2018.
22(1)Subclause 126(1)‍(b)‍(ii)‍(A)‍(III) of the Act is replaced by the following:
(III)the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under any of paragraphs 110(1)‍(d) to (d.‍3), (f) and (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and
(2)Subclause 126(2.‍1)‍(a)‍(ii)‍(A)‍(III) of the Act is replaced by the following:
(III)the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under any of paragraphs 110(1)‍(d) to (d.‍3), (f) and (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and
(3)Subparagraph 126(3)‍(b)‍(iii) of the Act is replaced by the following:
(iii)the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under any of paragraphs 110(1)‍(d) to (d.‍3), (f) and (g), in computing the taxpayer’s taxable income for the year,
(4)Subsections (1) to (3) come into force on January 1, 2018.
23(1)Subparagraph 127(5)‍(a)‍(i) of the Act is replaced by the following:
(i)the taxpayer’s investment tax credit at the end of the year in respect of property acquired before the end of the year, of the taxpayer’s apprenticeship expenditure for the year or a preceding taxation year, of the taxpayer’s flow-through mining expenditure for the year or a preceding taxation year, of the taxpayer’s pre-production mining expenditure for the year or a preceding taxation year or of the taxpayer’s SR&ED qualified expenditure pool at the end of the year or at the end of a preceding taxation year, and
(2)Clause 127(5)‍(a)‍(ii)‍(A) of the Act is replaced by the following:
(A)the taxpayer’s investment tax credit at the end of the year in respect of property acquired in a subsequent taxation year, of the taxpayer’s apprenticeship expenditure for a subsequent taxation year, of the taxpayer’s flow-through mining expenditure for a subsequent taxation year, of the taxpayer’s pre-production mining expenditure for a subsequent taxation year or of the taxpayer’s SR&ED qualified expenditure pool at the end of the subsequent taxation year to the extent that an investment tax credit was not deductible under this subsection for the subsequent taxation year, and
(3)Subsection 127(7) of the Act is replaced by the following:
Investment tax credit of certain trusts
(7)If, in a particular taxation year of a taxpayer who is a beneficiary under a trust that is a graduated rate estate or that is deemed to be in existence by section 143, an amount is determined in respect of the trust under paragraph (a), (a.‍1), (a.‍4), (b) or (e.‍1) of the definition investment tax credit in subsection (9) for its taxation year that ends in that particular taxation year, the trust may, in its return of income for its taxation year that ends in that particular taxation year, designate the portion of that amount that can, having regard to all the circumstances including the terms and conditions of the trust, reasonably be considered to be attributable to the taxpayer and was not designated by the trust in respect of any other beneficiary of the trust, and that portion is to be added in computing the investment tax credit of the taxpayer at the end of that particular taxation year and is to be deducted in computing the investment tax credit of the trust at the end of its taxation year that ends in that particular taxation year.
(4)The portion of subsection 127(8) of the Act before paragraph (a) is replaced by the following:
Investment tax credit of partnership
(8)Subject to subsection (28), where, in a particular taxation year of a taxpayer who is a member of a partnership, an amount would be determined in respect of the partnership, for its taxation year that ends in the particular taxation year, under paragraph (a), (a.‍1), (a.‍4), (b) or (e.‍1) of the definition investment tax credit in subsection (9), if
(5)Subparagraph 127(8.‍2)‍(b)‍(i) of the Act is amended by adding “or” at the end of clause (A.‍1) and by repealing clause (A.‍2).
(6)Paragraph 127(8.‍31)‍(a) of the Act is replaced by the following:
(a)the total of all amounts each of which is an amount that would, if the partnership were a person and its fiscal period were its taxation year, be determined in respect of the partnership under paragraph (a), (a.‍1), (a.‍4), (b) or (e.‍1) of the definition investment tax credit in subsection (9) for a taxation year that is the fiscal period,
(7)The definitions child care space amount, eligible child care space expenditure, specified child care start-up expenditure and specified property in subsection 127(9) of the Act are repealed.
(8)Paragraph (a) of the definition flow-through mining expenditure in subsection 127(9) of the Act is replaced by the following:
(a)that is a Canadian exploration expense incurred by a corporation after March 2017 and before 2019 (including, for greater certainty, an expense that is deemed by subsection 66(12.‍66) to be incurred before 2019) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition mineral resource in subsection 248(1),
(9)Paragraphs (c) and (d) of the definition flow-through mining expenditure in subsection 127(9) of the Act are replaced by the following:
(c)an amount in respect of which is renounced in accordance with subsection 66(12.‍6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2017 and before April 2018, and
(d)that is not an expense that was renounced under subsection 66(12.‍6) to the corporation (or a partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2017 and before April 2018; (dépense minière déterminée)
(10)Paragraph (a.‍5) of the definition investment tax credit in subsection 127(9) of the Act is repealed.
(11)Paragraph (e.‍1) of the definition investment tax credit in subsection 127(9) of the Act is amended by adding “or” at the end of subparagraph (v), by replacing “or” at the end of subparagraph (vi) with “and” and by repealing subparagraph (vii).
(12)Paragraph (f.‍1) of the definition specified percentage in subsection 127(9) of the Act is amended by adding “or” at the end of subparagraph (i), by striking out “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).
(13)Subsection 127(11.‍1) of the Act is amended by adding “and” at the end of paragraph (c.‍4) and by repealing paragraph (c.‍5).
(14)Subsection 127(11.‍2) of the Act is replaced by the following:
Time of acquisition
(11.‍2)In applying subsections (5), (7) and (8), paragraphs (a) and (a.‍1) of the definition investment tax credit in subsection (9) and section 127.‍1, qualified property and qualified resource property are deemed not to have been acquired by a taxpayer before the property is considered to have become available for use by the taxpayer, determined without reference to paragraphs 13(27)‍(c) and (28)‍(d).
(15)Subsections 127(27.‍1) to (27.‍12) of the Act are repealed.
(16)Subsection 127(28.‍1) of the Act is repealed.
(17)Subparagraph 127(30)‍(a) of the Act is amended by adding “and” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii) and by repealing subparagraph (iii).
(18)Paragraph 127(30)‍(b) of the Act is replaced by the following:
(b)the amount that would be determined in respect of the partnership under subsection (8) if that subsection were read without reference to subsections (28) and (35).
(19)Subsections (1) to (7) and (10) to (18) apply in respect of expenditures incurred after March 21, 2017, except that they do not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.
(20)Subsections (8) and (9) apply to expenses renounced under a flow-through share agreement entered into after March 2017.
24(1)Paragraph 149(1)‍(t) of the Act is repealed.
(2)Subsections 149(4.‍1) to (4.‍3) of the Act are repealed.
(3)The portion of subsection 149(10) of the Act before paragraph (a) is replaced by the following:
Becoming or ceasing to be exempt
(10)If at any time (in this subsection referred to as that time), a person  —  that is a corporation or, if that time is after September 12, 2013, a trust  —  becomes or ceases to be exempt from tax under this Part on its taxable income, the following rules apply:
(4)Subsections (1) to (3) apply to taxation years that begin after 2018.
25(1)Subsection 149.‍1(15) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).
(2)Subsection (1) applies in respect of gifts made after March 21, 2017.
26(1)Subsection 182(1) of the Act is replaced by the following:
Surtax
182(1)Every corporation shall pay a tax under this Part for the corporation’s taxation year equal to the amount determined by the formula
0.‍5A(B/C)
where
A
is the corporation’s Part I tax on tobacco manufacturing profits for the year;
B
is the number of days in the year that are before March 23, 2017; and
C
is the number of days in the year.
(2)Subsection (1) applies to taxation years that include March 22, 2017.
27(1)Part II of the Act, as amended by subsection 26(1), is repealed.
(2)Subsection (1) applies to taxation years that begin after March 22, 2017.
28(1)The Act is amended by adding the following after section 221:
Providing information returns in electronic format
221.‍01A person may provide an information return electronically under subsection 209(5) of the Income Tax Regulations if the criteria specified by the Minister are met.
(2)Subsection (1) comes into force on January 1, 2018.
29(1)Subparagraph 241(4)‍(d)‍(viii) of the Act is replaced by the following:
(viii)to an official of the Department of Veterans Affairs solely for the purposes of the administration of the War Veterans Allowance Act, the Veterans Well-being Act or Part XI of the Civilian War-related Benefits Act,
(2)Subsection (1) comes into force on April 1, 2018.
2016, c. 7
Budget Implementation Act, 2016, No. 1
30Subsection 29(9) of the Budget Implementation Act, 2016, No. 1 is replaced by the following:
(9)Subsections (2) to (5) come into force on July 1, 2018.
C.‍R.‍C.‍, c. 945
Income Tax Regulations
31(1)Section 209 of the Income Tax Regulations is amended by adding the following after subsection (4):
(5)A person may provide a Statement of Remuneration Paid (T4) information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless
(a)the specified criteria referred to in section 221.‍01 of the Act are not met;
(b)the taxpayer has requested that the information return be provided in paper format; or
(c)at the time the return is required to be issued,
(i)the taxpayer is on extended leave or is no longer an employee of the person, or
(ii)the taxpayer cannot reasonably be expected to have access to the information return in electronic format.
(2)Subsection (1) applies in respect of information returns that are required to be filed after 2017.
32(1)Section 3505 of the Regulations is repealed.
(2)Subsection (1) applies in respect of gifts made after March 21, 2017.
33(1)Subsection 4802(2) of the Regulations is repealed.
(2)Subsection (1) applies to taxation years that begin after 2018.
Coordinating Amendments
2016, c. 7
34(1)In this section, other Act means the Budget Implementation Act, 2016, No. 1.
(2)If subsection 29(9) of the other Act produces its effects before section 30 of this Act comes into force, then
(a)that section 30 is deemed never to have come into force and is repealed;
(b)the following amendments are deemed to have come into force on July 1, 2017:
(i)the first formula in subsection 122.‍61(1) of the Income Tax Act is replaced by the following:
(A + C + M)/12
(ii)the formula in the description of A in subsection 122.‍61(1) of the Income Tax Act is replaced by the following:
E − Q − R
(iii)subsection 122.‍61(1) of the Income Tax Act is amended by adding the following after the description of A:
C
is the amount determined by the formula
F – (G × H)
where
F
is, if the person is, at the beginning of the month, an eligible individual in respect of
(a)only one qualified dependant, $2,308, and
(b)two or more qualified dependants, the total of
(i)$2,308 for the first qualified dependant,
(ii)$2,042 for the second qualified dependant, and
(iii)$1,943 for each of the third and subsequent qualified dependants,
G
is the amount determined by the formula
J – [K – (L/0.‍122)]
where
J
is the person’s adjusted income for the year,
K
is $45,282, and
L
is the amount referred to in paragraph (a) of the description of F, and
H
is
(a)if the person is an eligible individual in respect of only one qualified dependant, 12.‍2%, and
(b)if the person is an eligible individual in respect of two or more qualified dependants, the fraction (expressed as a percentage rounded to the nearest one-tenth of one per cent) of which
(i)the numerator is the total that would be determined under the description of F in respect of the eligible individual if that description were applied without reference to the fourth and subsequent qualified dependants in respect of whom the person is an eligible individual, and
(ii)the denominator is the amount referred to in paragraph (a) of the description of F, divided by 0.‍122; and
(iv)the description of A in subsection 122.‍61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of E, by adding “and” at the end of the description of Q and by adding the following after the description of Q:
R
is the amount determined for C;
(c)the following amendments come into force on July 1, 2018:
(i)the first formula in subsection 122.‍61(1) of the Income Tax Act is replaced by the following:
(A + M)/12
(ii)the formula in the description of A in subsection 122.‍61(1) of the Income Tax Act is replaced by the following:
E − Q
(iii)the description of C in subsection 122.‍61(1) of the Income Tax Act is repealed, and
(iv)the description of A in subsection 122.‍61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of Q, by adding “and” at the end of the description of E and by repealing the description of R.
(3)If this Act receives royal assent on July 1, 2017, then section 30 of this Act is deemed to have come into force before subsection 29(9) of the other Act has produced its effects.
PART 2
R.‍S.‍, c. E-15
Amendments to the Excise Tax Act (GST/HST Measures)
35(1)The definition taxi business in subsection 123(1) of the Excise Tax Act is replaced by the following:
taxi business means
(a)a business carried on in Canada of transporting passengers by taxi or other similar vehicle for fares that are regulated under the laws of Canada or a province, or
(b)a business carried on in Canada by a person of transporting passengers for fares by motor vehicle — being a vehicle that would be an automobile, as defined in subsection 248(1) of the Income Tax Act, if that definition were read without reference to “a motor vehicle acquired primarily for use as a taxi,” in its paragraph (c) and without reference to its paragraph (e) — within a particular municipality and its environs if the transportation is arranged or coordinated through an electronic platform or system, other than
(i)the part of the business that does not involve the making of taxable supplies by the person,
(ii)the part of the business that is the operation of a sightseeing service or the school transportation of elementary or secondary students, or
(iii)a prescribed business or a prescribed activity of a business; (entreprise de taxis)
(2)The portion of the definition short-term accommodation in subsection 123(1) of the Act before paragraph (a) is replaced by the following:
short-term accommodation means a residential complex or a residential unit that is supplied to a recipient by way of lease, licence or similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging, if the period throughout which the individual is given continuous occupancy of the complex or unit is less than one month and, for the purposes of section 252.‍4,
(3)Subsection (1) comes into force or is deemed to have come into force on July 1, 2017.
(4)Subsection (2) comes into force on January 1, 2018 but does not apply in respect of any rebate under section 252.‍1 of the Act in respect of a supply made before that day.
36(1)The portion of subsection 234(2) of the Act before paragraph (a) is replaced by the following:
Deduction for rebate in respect of supplies to non-residents
(2)If, in the circumstances described in subsection 252(3) or 252.‍4(2) or (4), a registrant pays to, or credits in favour of, a person an amount on account of a rebate referred to therein, the registrant may deduct the amount in determining the net tax of the registrant for
(2)The portion of subsection 234(2.‍1) of the Act before paragraph (a) is replaced by the following:
Late filing of information and adjustment for failure to file
(2.‍1)If a registrant is required to file prescribed information in accordance with subsection 252.‍4(5) in respect of an amount claimed as a deduction under subsection (2) in respect of an amount paid or credited on account of a rebate,
(3)The portion of paragraph 234(2.‍1)‍(a) of the English version of the Act after subparagraph (ii) is replaced by the following:
the registrant shall, in determining the net tax for the reporting period of the registrant that includes the filing day, add an amount equal to interest, at the prescribed rate, on the amount claimed as a deduction under subsection (2) computed for the period beginning on the day on or before which the registrant was required to file the prescribed information under subsection 252.‍4(5) and ending on the filing day; and
(4)Paragraph 234(2.‍1)‍(b) of the English version of the Act is replaced by the following:
(b)in the case where the registrant fails to file the information before the particular day, the registrant shall, in determining the net tax for the reporting period of the registrant that includes the particular day, add an amount equal to the total of the amount claimed as a deduction under subsection (2) and interest, at the prescribed rate, on that amount computed for the period beginning on the day on or before which the registrant was required to file the information under subsection 252.‍4(5) and ending on the day on or before which the registrant is required under section 238 to file a return for the reporting period of the registrant that includes the particular day.
(5)Subsections (1) to (4) come into force on January 1, 2018 but do not apply in respect of any amount paid or credited on account of a rebate under section 252.‍1 of the Act in respect of a supply made before that day.
37(1)Section 252.‍1 of the Act is repealed.
(2)Subsection (1) is deemed to have come into force on March 23, 2017 but does not apply in respect of any supply made on or before March 22, 2017 or in respect of any supply made after March 22, 2017 but before 2018 if all of the consideration for that supply is paid before 2018.
38(1)The portion of section 252.‍2 of the Act before paragraph (a) is replaced by the following:
Restriction
252.‍2A rebate shall not be paid under section 252 to a person unless
(2)Paragraph 252.‍2(a) of the Act is amended by adding “and” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii) and by repealing subparagraph (iii).
(3)Section 252.‍2 of the Act is amended by adding “and” at the end of paragraph (d.‍1), by striking out “and” at the end of paragraph (e) and by repealing paragraph (g).
(4)Subsections (1) to (3) come into force on January 1, 2018 but do not apply in respect of any rebate under section 252.‍1 of the Act in respect of a supply made before that day.
39(1)Section 252.‍4 of the Act is amended by adding the following before subsection (1):
Definitions
252.‍4(0.‍1)The following definitions apply in this section.
camping accommodation means a campsite at a recreational trailer park or campground (other than a campsite included in the definition short-term accommodation in subsection 123(1) or included in that part of a tour package that is not the taxable portion, as defined in subsection 163(3), of the tour package) that is supplied by way of lease, licence or similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging, if the period throughout which the individual is given continuous occupancy of the campsite is less than one month. It includes water, electricity and waste disposal services, or the right to their use, if they are accessed by means of an outlet or hook-up at the campsite and are supplied with the campsite. (emplacement de camping)
tour package has the same meaning as in subsection 163(3), but does not include a tour package that includes a convention facility or related convention supplies. (voyage organisé)
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
40(1)The portion of section 252.‍5 of the Act before paragraph (a) is replaced by the following:
Liability for amount paid or credited
252.‍5If, under section 252 or 252.‍4, a registrant at a particular time pays to, or credits in favour of, a person an amount on account of a rebate and
(2)Subsection (1) comes into force on January 1, 2018 but does not apply in respect of any rebate under section 252.‍1 of the Act in respect of a supply made before that day.
41(1)Paragraph 2(e) of Part I of Schedule VI to the Act is amended by striking out “and” at the end of subparagraph (ix), by adding “and” at the end of subparagraph (x) and by adding the following after subparagraph (x):
(xi)Naloxone and its salts,
(2)Subsection (1) is deemed to have come into force on March 22, 2016 except that it does not apply
(a)to any supply made after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, the supplier charged, collected or remitted any amount as or on account of tax under Part IX of the Act in respect of the supply;
(b)for the purposes of section 6 of Schedule VII to the Act, to goods imported after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, any amount was paid as or on account of tax under Part IX of the Act in respect of the importation; or
(c)for the purposes of section 15 of Part I of Schedule X to the Act, to property brought into a participating province after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, any amount was paid as or on account of tax under Part IX of the Act in respect of the bringing into the province.
PART 3
Amendments to the Excise Act, the Excise Act, 2001 and the Economic Action Plan 2014 Act, No. 1
R.‍S.‍, c. E-14
Excise Act
42(1)The Excise Act is amended by adding the following after section 170.‍1:
Definition of inflationary adjusted year
170.‍2(1)In this section, inflationary adjusted year means 2018 and every year after that year.
Annual adjustments
(2)Each rate of duty set out in Part II of the schedule applicable in respect of a hectolitre of beer or malt liquor is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of
(a)the rate determined by the formula
A × B
where
A
is the rate of duty applicable to the hectolitre on March 31 of the inflationary adjusted year, and
B
is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula
C/D
where
C
is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
D
is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
(b)the rate of duty referred to in the description of A in paragraph (a).
Rounding
(3)The adjusted rate determined under subsection (2) is to be rounded
(a)in the case of the rates set out in sections 1 and 2 of Part II of the schedule, to the nearest one-hundredth or, if the adjusted rate is equidistant from two consecutive one-hundredths, to the higher one-hundredth; and
(b)in the case of the rate set out in section 3 of Part II of the schedule, to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
Consumer Price Index
(4)In this section, the Consumer Price Index for any 12-month period is the result arrived at by
(a)aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;
(b)dividing the aggregate obtained under paragraph (a) by 12; and
(c)rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
43(1)The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
(Sections 135, 170, 170.‍1, 170.‍2, 185 and 200)
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
44(1)Parts II and II.‍1 of the schedule to the Act are replaced by the following:
II. Beer
1Per hectolitre of beer or malt liquor containing more than 2.‍5% absolute ethyl alcohol by volume,
(a)$31.‍84; or
(b)if the rate referred to in paragraph (a) has been adjusted under subsection 170.‍2(2), the adjusted rate.
2Per hectolitre of beer or malt liquor containing more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume,
(a)$15.‍92; or
(b)if the rate referred to in paragraph (a) has been adjusted under subsection 170.‍2(2), the adjusted rate.
3Per hectolitre of beer or malt liquor containing not more than 1.‍2% absolute ethyl alcohol by volume,
(a)$2.‍643; or
(b)if the rate referred to in paragraph (a) has been adjusted under subsection 170.‍2(2), the adjusted rate.
II.‍1 Canadian Beer
1Per hectolitre of the first 2000 hectolitres of beer and malt liquor brewed in Canada,
(a)if it contains more than 2.‍5% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;
(b)if it contains more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and
(c)if it contains not more than 1.‍2% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.
2Per hectolitre of the next 3000 hectolitres of beer and malt liquor brewed in Canada,
(a)if it contains more than 2.‍5% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;
(b)if it contains more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and
(c)if it contains not more than 1.‍2% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.
3Per hectolitre of the next 10000 hectolitres of beer and malt liquor brewed in Canada,
(a)if it contains more than 2.‍5% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;
(b)if it contains more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and
(c)if it contains not more than 1.‍2% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.
4Per hectolitre of the next 35000 hectolitres of beer and malt liquor brewed in Canada,
(a)if it contains more than 2.‍5% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;
(b)if it contains more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and
(c)if it contains not more than 1.‍2% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.
5Per hectolitre of the next 25000 hectolitres of beer and malt liquor brewed in Canada,
(a)if it contains more than 2.‍5% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;
(b)if it contains more than 1.‍2% absolute ethyl alcohol by volume but not more than 2.‍5% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and
(c)if it contains not more than 1.‍2% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.
6The rates determined under section 5 are to be rounded
(a)in the case of a rate determined under paragraph 5(a) or (b), to the nearest one-thousandth or, if the rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth; and
(b)in the case of a rate determined under paragraph 5(c), to the nearest ten-thousandth or, if the rate is equidistant from two consecutive ten-thousandths, to the higher ten-thousandth.
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
2002, c. 22
Excise Act, 2001
45(1)Paragraph (a) of the definition adjustment day in section 58.‍1 of the Excise Act, 2001 is replaced by the following:
(a)March 23, 2017; or
(2)The portion of the definition taxed cigarettes in section 58.‍1 of the Act before paragraph (a) is replaced by the following:
taxed cigarettes of a person means cigarettes in respect of which duty has been imposed under section 42 before March 23, 2017 at the rate set out in paragraph 1(a) of Schedule 1, as it read on March 22, 2017, and that, at the beginning of March 23, 2017,
(3)The portion of the definition taxed cigarettes in section 58.‍1 of the Act before paragraph (a), as enacted by subsection (2), is replaced by the following:
taxed cigarettes of a person means cigarettes in respect of which duty has been imposed under section 42 or 53 at the rate applicable on the day before an adjustment day other than March 23, 2017, and that, at the beginning of the adjustment day,
(4)Subsections (1) and (2) are deemed to have come into force on March 23, 2017.
(5)Subsection (3) comes into force on November 30, 2019.
46(1)Subsection 58.‍2(1) of the Act is replaced by the following:
Imposition of tax  —  2017 increase
58.‍2(1)Subject to section 58.‍3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of March 23, 2017 at the rate of $0.‍00265 per cigarette.
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
47(1)Paragraph 58.‍5(1)‍(a) of the Act is replaced by the following:
(a)in the case of the tax imposed under subsection 58.‍2(1), May 31, 2017; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
48(1)Paragraph 58.‍6(1)‍(a) of the Act is replaced by the following:
(a)in the case of the tax imposed under subsection 58.‍2(1), May 31, 2017; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
49(1)The Act is amended by adding the following after section 123:
Definitions
123.‍1(1)The following definitions apply in this section.
inflationary adjusted year means 2018 and every year after that year. (année inflationniste)
reference year means a 12-month period that begins on April 1 of a year and ends on March 31 of the following year. (année de référence)
Annual adjustments
(2)Each rate of duty set out in Schedule 4 applicable in respect of a litre of absolute ethyl alcohol or in respect of a litre of spirits is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of
(a)the rate determined by the formula
A × B
where
A
is the rate of duty applicable to the litre of absolute ethyl alcohol or the litre of spirits, as the case may be, on March 31 of the inflationary adjusted year, and
B
is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula
C/D
where
C
is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
D
is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
(b)the rate of duty referred to in the description of A in paragraph (a).
Rounding
(3)The adjusted rate determined under subsection (2) is to be rounded to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
Consumer Price Index
(4)In this section, the Consumer Price Index for any 12-month period is the result arrived at by
(a)aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;
(b)dividing the aggregate obtained under paragraph (a) by 12; and
(c)rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
Application of adjusted rate
(5)If duties on spirits are imposed in a reference year but become payable in another reference year that begins in an inflationary adjusted year, those duties are determined at the rate of duty as adjusted under subsection (2) on the first day of the other reference year.
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
50(1)The Act is amended by adding the following after section 135:
Definitions
135.‍1(1)The following definitions apply in this section.
inflationary adjusted year means 2018 and every year after that year. (année inflationniste)
reference year means a 12-month period that begins on April 1 of a year and ends on March 31 of the following year. (année de référence)
Annual adjustments
(2)Each rate of duty set out in Schedule 6 applicable in respect of a litre of wine is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of
(a)the rate determined by the formula
A × B
where
A
is the rate of duty applicable to the litre on March 31 of the inflationary adjusted year, and
B
is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula
C/D
where
C
is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
D
is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
(b)the rate of duty referred to in the description of A in paragraph (a).
Rounding
(3)The adjusted rate determined under subsection (2) is to be rounded to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
Consumer Price Index
(4)In this section, the Consumer Price Index for any 12-month period is the result arrived at by
(a)aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;
(b)dividing the aggregate obtained under paragraph (a) by 12; and
(c)rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
Application of adjusted rate
(5)If duties on wine are imposed in a reference year but become payable in another reference year that begins in an inflationary adjusted year, those duties are determined at the rate of duty as adjusted under subsection (2) on the first day of the other reference year.
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
51(1)Subparagraphs 216(2)‍(a)‍(i) to (iv) of the Act are replaced by the following:
(i)$0.‍22 multiplied by the number of cigarettes to which the offence relates,
(ii)$0.‍22 multiplied by the number of tobacco sticks to which the offence relates,
(iii)$0.‍27 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and
(iv)$0.‍42 multiplied by the number of cigars to which the offence relates, and
(2)Subparagraphs 216(3)‍(a)‍(iii) and (iv) of the Act are replaced by the following:
(iii)$0.‍40 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and
(iv)$0.‍84 multiplied by the number of cigars to which the offence relates, and
52(1)Subparagraphs 217(2)‍(a)‍(i) and (ii) of the Act are replaced by the following:
(i)$11.‍930 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,
(ii)$0.‍63 multiplied by the number of litres of wine to which the offence relates, and
(2)Subparagraphs 217(2)‍(a)‍(i) and (ii) of the Act, as enacted by subsection (1), are replaced by the following:
(i)the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed,
(ii)the number of litres of wine to which the offence relates multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and
(3)Subparagraphs 217(3)‍(a)‍(i) and (ii) of the Act are replaced by the following:
(i)$23.‍860 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,
(ii)$1.‍26 multiplied by the number of litres of wine to which the offence relates, and
(4)Subparagraphs 217(3)‍(a)‍(i) and (ii) of the Act, as enacted by subsection (3), are replaced by the following:
(i)the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 200% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed,
(ii)the number of litres of wine to which the offence relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and
(5)Subsections (2) and (4) come into force on April 1, 2018.
53(1)Subparagraphs 218(2)‍(a)‍(i) and (ii) of the Act are replaced by the following:
(i)$23.‍860 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and
(ii)$1.‍26 multiplied by the number of litres of wine to which the offence relates, and
(2)Subparagraphs 218(2)‍(a)‍(i) and (ii) of the Act, as enacted by subsection (1), are replaced by the following:
(i)the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 200% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed, and
(ii)the number of litres of wine to which the offence relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and
(3)Subparagraphs 218(3)‍(a)‍(i) and (ii) of the Act are replaced by the following:
(i)$35.‍790 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and
(ii)$1.‍89 multiplied by the number of litres of wine to which the offence relates, and
(4)Subparagraphs 218(3)‍(a)‍(i) and (ii) of the Act, as enacted by subsection (3), are replaced by the following:
(i)the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 300% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed, and
(ii)the number of litres of wine to which the offence relates multiplied by 300% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and
(5)Subsections (2) and (4) come into force on April 1, 2018.
54Paragraphs 240(a) to (c) of the Act are replaced by the following:
(a)$0.‍41 per cigarette that was removed in contravention of that subsection,
(b)$0.‍41 per tobacco stick that was removed in contravention of that subsection, and
(c)$508.‍81 per kilogram of manufactured tobacco, other than cigarettes and tobacco sticks, that was removed in contravention of that subsection.
55(1)Section 242 of the Act is replaced by the following:
Contravention of section 72
242Every person who contravenes section 72 is liable to a penalty equal to $1.‍26 per litre of wine to which the contravention relates.
(2)Section 242 of the Act, as enacted by subsection (1), is replaced by the following:
Contravention of section 72
242Every person who contravenes section 72 is liable to a penalty equal to the number of litres of wine to which the contravention relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.
(3)Subsection (2) comes into force on April 1, 2018.
56(1)Paragraph 243(1)‍(b) of the Act is replaced by the following:
(b)if the contravention relates to wine, $1.‍26 per litre of that wine.
(2)Paragraph 243(1)‍(b) of the Act, as enacted by subsection (1), is replaced by the following:
(b)if the contravention relates to wine, the number of litres of that wine multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.
(3)Paragraph 243(2)‍(b) of the Act is replaced by the following:
(b)if the contravention relates to wine, $0.‍63 per litre of that wine.
(4)Paragraph 243(2)‍(b) of the Act, as enacted by subsection (3), is replaced by the following:
(b)if the contravention relates to wine, the number of litres of that wine multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.
(5)Subsections (2) and (4) come into force on April 1, 2018.
57(1)Paragraph 243.‍1(b) of the Act is replaced by the following:
(b)if the contravention relates to wine, $0.‍63 per litre of that wine.
(2)Paragraph 243.‍1(b) of the Act, as enacted by subsection (1), is replaced by the following:
(b)if the contravention relates to wine, the number of litres of that wine multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.
(3)Subsection (2) comes into force on April 1, 2018.
58(1)Paragraph 1(a) of Schedule 1 to the Act is replaced by the following:
(a)$0.‍53900; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
59(1)Paragraph 2(a) of Schedule 1 to the Act is replaced by the following:
(a)$0.‍10780; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
60(1)Paragraph 3(a) of Schedule 1 to the Act is replaced by the following:
(a)$6.‍73750; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
61(1)Paragraph 4(a) of Schedule 1 to the Act is replaced by the following:
(a)$23.‍46235; or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
62(1)Subparagraph (a)‍(i) of Schedule 2 to the Act is replaced by the following:
(i)$0.‍08434, or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
63(1)Subparagraph (b)‍(i) of Schedule 2 to the Act is replaced by the following:
(i)if the rate referred to in subparagraph (a)‍(i) has not been adjusted under subsection 43.‍1(2), 84%, or
(2)Subsection (1) is deemed to have come into force on March 23, 2017.
64(1)Schedule 4 to the Act is replaced by the following:
SCHEDULE 4
(Sections 122, 123, 123.‍1 and 159.‍1)
Rates of Duty on Spirits
1Spirits: per litre of absolute ethyl alcohol contained in the spirits,
(a)$11.‍930; or
(b)if the rate referred to in paragraph (a) has been adjusted under subsection 123.‍1(2), the adjusted rate.
2Spirits containing not more than 7% absolute ethyl alcohol by volume: per litre,
(a)$0.‍301; or
(b)if the rate referred to in paragraph (a) has been adjusted under subsection 123.‍1(2), the adjusted rate.
(2)Schedule 4 to the Act, as enacted by subsection (1), is amended by replacing the references after the heading “SCHEDULE 4” with the following:
(Sections 122, 123, 123.‍1, 159.‍1, 217 and 218)
(3)Subsection (1) applies in respect of duties that become payable at a time that is after March 22, 2017.
(4)Subsection (2) comes into force on April 1, 2018.
65(1)Schedule 6 to the Act is replaced by the following:
SCHEDULE 6
(Sections 134, 135, 135.‍1 and 159.‍1)
Rates of Duty on Wine
Wine:
(a)in the case of wine that contains not more than 1.‍2% of absolute ethyl alcohol by volume, per litre,
(i)$0.‍0209, or
(ii)if the rate referred to in subparagraph (i) has been adjusted under subsection 135.‍1(2), the adjusted rate;
(b)in the case of wine that contains more than 1.‍2% of absolute ethyl alcohol by volume but not more than 7% of absolute ethyl alcohol by volume, per litre,
(i)$0.‍301, or
(ii)if the rate referred to in subparagraph (i) has been adjusted under subsection 135.‍1(2), the adjusted rate; and
(c)in the case of wine that contains more than 7% of absolute ethyl alcohol by volume, per litre,
(i)$0.‍63, or
(ii)if the rate referred to in subparagraph (i) has been adjusted under subsection 135.‍1(2), the adjusted rate.
(2)Schedule 6 to the Act, as enacted by subsection (1), is amended by replacing the references after the heading “SCHEDULE 6” with the following:
(Sections 134, 135, 135.‍1, 159.‍1, 217, 218, 242, 243 and 243.‍1)
(3)Subsection (1) applies in respect of duties that become payable at a time that is after March 22, 2017.
(4)Subsection (2) comes into force on April 1, 2018.
2014, c. 20
Economic Action Plan 2014 Act, No. 1
66(1)Subsection 69(3) of the Economic Action Plan 2014 Act, No. 1 is repealed.
(2)Subsection 69(5) of the Act is repealed.
Application
67For the purposes of applying the provisions of the Customs Act and the Excise Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount is to be determined and interest is to be computed on it as though sections 44 and 58 to 63 and subsections 64(1) and 65(1) had been assented to on March 23, 2017.
PART 4
Various Measures
DIVISION 1
R.‍S.‍, c. S-15
Special Import Measures Act
Amendments to the Act
68(1)The definition margin of dumping in subsection 2(1) of the Special Import Measures Act is replaced by the following:
margin of dumping, in relation to any goods, means, subject to sections 30.‍2 and 30.‍3, the amount by which the normal value of the goods exceeds the export price of the goods; (marge de dumping)
(2)Paragraphs (a) and (b) of the definition order or finding in subsection 2(1) of the Act is replaced by the following:
(a)means an order or finding made by the Tribunal under section 43 or 44 that has not been rescinded under any of sections 76.‍01 to 76.‍1 and subsection 91(3) but, if the order or finding has been amended one or more times under any of section 75.‍3, subsections 75.‍4(8) and 75.‍6(7) and sections 76.‍01 to 76.‍1, as it was last amended, and
(b)includes, for the purposes of sections 3 to 6 and 76 to 76.‍1, an order or finding made by the Tribunal under subsection 91(3) that has not been rescinded under any of sections 76.‍01 to 76.‍1 but, if the order or finding has been amended one or more times under any of section 75.‍3, subsections 75.‍4(8) and 75.‍6(7) and sections 76.‍01 to 76.‍1, as it was last amended; (ordonnance ou conclusions)
(3)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
scope ruling means a ruling made under subsection 66(1) as to whether certain goods are subject to an order of the Governor in Council imposing a countervailing duty made under section 7, an order or finding of the Tribunal or an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)‍(iii); (décision sur la portée)
69Section 3 of the Act is amended by adding the following after subsection (1):
Duties — circumvention
(1.‍1)A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in respect of which the Tribunal has made an order — amending an order or finding, before the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:
(a)in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and
(b)in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.
Duties — circumvention investigation
(1.‍2)A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada, after the initiation of an anti-circumvention investigation under section 72, in respect of which the Tribunal has made an order — amending an order or finding after the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:
(a)in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and
(b)in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.
70Paragraph 6(c) of the Act is replaced by the following:
(c)in respect of which the President has made a specification under clause 41(1)‍(b)‍(ii)‍(C),
71The portion of subsection 9.‍2(1) of the Act before paragraph (a) is replaced by the following:
Duty ceases if final determination set aside by court
9.‍2(1)If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods imported into Canada, and proceedings are commenced in the Federal Court of Appeal by an application under section 96.‍1 to review and set aside the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of the proceedings, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case
72The portion of subsection 9.‍21(1) of the Act before paragraph (a) is replaced by the following:
Duty ceases if investigation terminated after review
9.‍21(1)If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a NAFTA country imported into Canada, and a review is requested under Part I.‍1 of the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case
73The portion of section 9.‍3 of the Act before paragraph (a) is replaced by the following:
Duty ceases if investigation terminated after review
9.‍3If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of the United States imported into Canada, and a review is requested under Part II of the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case
74(1)The portion of subsection 13.‍2(1) of the Act before paragraph (a) is replaced by the following:
Request for review
13.‍2(1)An exporter to Canada or producer of any goods to which an order or finding referred to in subsection 3(1) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer
(2)Subsections 13.‍2(2) and (3) of the Act are replaced by the following:
Request for review
(1.‍1)An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.‍1) or (1.‍2) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of this Act, for the purposes of determining their normal value, export price or amount of subsidy.
Form of request
(2)A request under subsection (1) or (1.‍1) shall be made in the prescribed manner and form and shall contain the prescribed information.
Review
(3)If the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.
Review
(3.‍1)If the President receives a request under subsection (1.‍1), the President shall initiate a review of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.‍1) or (1.‍2) applies, as the case may be.
75(1)Subsection 16(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)any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada.
(2)Section 16 of the Act is amended by adding the following after subsection (2):
Paragraph (2)‍(c)
(2.‍1)For the purposes of paragraph (2)‍(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances.
76Section 30.‍1 of the Act is repealed.
77The portion of subsection 35(1) of the Act before paragraph (b) is replaced by the following:
Termination of investigation or inquiry
35(1)The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation,
(a)the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or
78Subsection 38(1.‍1) of the Act is replaced by the following:
Insignificant margin or amount
(1.‍1)The President may in making a preliminary determination under subsection (1), using the information available to him or her at that time, make the determination that the margin of dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant.
79Subsections 41(1) and (2) of the Act are replaced by the following:
Final determination or termination
41(1)Within 90 days after making a preliminary determination under subsection 38(1), the President shall
(a)terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and
(b)make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows:
(i)in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and
(ii)in the case of subsidized goods,
(A)the goods to which the determination applies,
(B)the amount of subsidy on the goods, and
(C)subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods.
Exception
(2)The President shall not specify anything under clause (1)‍(b)‍(ii)‍(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.
80(1)The portion of subsection 41.‍1(1) of the Act before paragraph (a) is replaced by the following:
Action on final determination or decision referred back by Court
41.‍1(1)If a decision under paragraph 41(1)‍(a) or a final determination under paragraph 41(1)‍(b) is set aside and the matter referred back to the President on an application under section 96.‍1, the President shall
(2)The portion of subsection 41.‍1(2) of the Act before paragraph (a) is replaced by the following:
Action on final determination or decision referred back by panel
(2)If a decision under paragraph 41(1)‍(a) or a final determination under paragraph 41(1)‍(b) is referred back to the President under subsection 77.‍015(3) or (4), 77.‍019(5), 77.‍15(3) or (4) or 77.‍19(4), the President shall
81(1)The portion of paragraph 42(1)‍(c) of the Act before subparagraph (i) is replaced by the following:
(c)in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)‍(b)‍(ii)‍(C) and to which the preliminary determination applies as to whether
(2)Section 42 of the Act is amended by adding the following after subsection (3):
Application of paragraph (3)‍(a)
(3.‍1)For the purposes of paragraph (3)‍(a),
(a)the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.‍2; and
(b)the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.‍4.
(3)Section 42 of the Act is amended by adding the following after subsection (6):
Application
(7)For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant.
82Paragraph 49(2)‍(b) of the Act is replaced by the following:
(b)unless the President has made a preliminary determination under subsection 38(1); or
83Paragraph 52(1.‍1)‍(d) of the Act is replaced by the following:
(d)terminate the undertaking or undertakings in respect of those goods, and
84The Act is amended by adding the following after section 55:
Determination of circumvention
55.‍1(1)If the Tribunal has made an order described in subsection 3(1.‍2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order,
(a)in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order;
(b)the normal value and export price of or the amount of subsidy on the goods; and
(c)if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.
Application
(2)Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.‍3 in respect of the goods.
Re-determination
(3)A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b).
85The portion of subsection 56(1) of the Act before paragraph (a) is replaced by the following:
Determination final
56(1)If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer
86Section 60.‍1 of the Act is renumbered as subsection 60.‍1(1) and is amended by adding the following:
Notice — section 59 re-determination
(2)The President shall publish a notice of any re-determination made under paragraph 59(1)‍(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner.
87Subsections 61(2) and (3) of the Act are replaced by the following:
Appeal — scope ruling
(1.‍1)Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.‍012 or 77.‍12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)‍(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made.
Publication of notice of appeal
(2)Notice of the hearing of an appeal under subsection (1) or (1.‍1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal.
Order or finding of the Tribunal
(3)On any appeal under subsection (1) or (1.‍1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.
88Paragraph 62(1)‍(c) of the Act is replaced by the following:
(c)any person who entered an appearance in accordance with subsection 61(2),
89The Act is amended by adding the following after section 62:
Scope Ruling
Application
63(1)Any interested person may submit an application to the President for a scope ruling with respect to any goods.
Application review period
(2)The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated.
Extension of review period
(3)The President may extend the period set out in subsection (2) to 45 days.
Prescribed criteria
(4)The President shall reject the application if any criteria prescribing the rejection of an application apply.
Prescribed circumstances
(5)The President may reject an application in the prescribed circumstances.
Notice
(6)The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection.
Incomplete application
(7)If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application.
Initiation of scope proceeding
(8)If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application.
President’s initiative
64The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative.
Notice of scope proceeding
65If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers.
Scope ruling
66(1)Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a scope ruling and provide reasons for it.
Extension
(2)The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days.
Termination
(3)At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances.
Scope ruling — effective date
(4)A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate.
Notice
(5)The President shall give written notice to the government of the country of export and the applicant, if any, of:
(a)an extension given under subsection (2);
(b)the making of a scope ruling under subsection (1); and
(c)the termination of a scope proceeding under subsection (3).
Factors for ruling
(6)In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant.
Ruling final
(7)A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.‍1).
Review of ruling
67(1)For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66(1) to which that Tribunal or Court decision relates.
Review — prescribed circumstances
(2)The President may review a scope ruling made under subsection 66(1) under prescribed circumstances.
Confirmation, amendment or revocation
(3)The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2).
Written notice
(4)The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2).
Application of scope ruling
68A scope ruling applies to
(a)any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)‍(a) and (e); and
(b)any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)‍(iii) applies to goods.
Binding decision
69Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date.
Application — section 55
70(1)A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,
(a)the importer of the goods
(i)makes a written request in the prescribed form and manner and accompanied by the prescribed information, and
(ii)has paid all duties owing on the goods; or
(b)when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.
Application — section 56
(2)A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,
(a)the importer of the goods
(i)makes a written request in the prescribed form and manner and accompanied by the prescribed information, and
(ii)has paid all duties owing on the goods; or
(b)when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.
Application — section 57 or 59
(3)A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)‍(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,
(a)the importer of the goods
(i)makes a written request in the prescribed form and manner and accompanied by the prescribed information, and
(ii)has paid all duties owing on the goods; or
(b)when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.
Scope ruling — designated officer
(4)A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.
Scope ruling — President
(5)A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)‍(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.
Requests under subsection (1) or (3)
(6)In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.
Date of decision
(7)Except for the purposes of making a request under subsection 58(1.‍1) or section 77.‍011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.
Deemed decision — subsection (1), (3) or (5)
(8)A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).
Deemed decision — subsection (2) or (4)
(9)A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57.
Anti-circumvention Investigations
Definition of circumvention
71For the purposes of sections 72 to 75.‍6, circumvention means a situation in which all of the following exist:
(a)a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be;
(b)a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and
(c)the principal cause of the change in trade pattern is the imposition of anti-dumping or countervailing duties.
Initiation of investigation
72(1)The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence that circumvention is occurring.
Investigation — exporter or country
(2)An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require.
Complaint — required information
(3)A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information.
Notice of investigation
73(1)If the President causes an anti-circumvention investigation to be initiated, he or she shall
(a)cause notice of the investigation to be
(i)given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and
(ii)published in the Canada Gazette; and
(b)publish the reasons for initiating the investigation in the prescribed manner.
President decides not to initiate investigation
(2)If, after receipt of a complaint referred to in subsection 72(1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant.
Statement of essential facts
74(1)Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72(1) that includes
(a)the President’s preliminary assessment of whether the evidence discloses a reasonable indication of circumvention; and
(b)a summary of the facts the President relied on in making that preliminary assessment.
Comments
(2)Before making a decision under subsection 75.‍1(1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts.
Publication of statement
(3)The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any.
Termination
75(1)Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.
Factors
(2)In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6).
Notice of termination
(3)If an investigation is terminated under subsection (1), the President shall
(a)give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any;
(b)publish notice of the termination in the Canada Gazette; and
(c)on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.
Scope ruling
(4)A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1).
Decision — circumvention
75.‍1(1)Subject to subsection 75(1), within 180 days after initiating an investigation under subsection 72(1), the President shall make a decision and shall
(a)cause written notice of the decision to be
(i)given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and
(ii)published in the Canada Gazette;
(b)publish the reasons for the decision in the prescribed manner; and
(c)in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.
Circumvention
(2)In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention.
Details of decision
(3)A decision setting out a finding of circumvention must specify
(a)the goods to which it applies; and
(b)the exporters and the exporting countries to which it applies.
Terms and conditions
(4)A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate.
Extension of time period
75.‍2(1)The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.‍1(1), extend the period set out in that subsection to 240 days, in prescribed circumstances.
Notice of extension
(2)The President shall cause written notice of any extension to be
(a)given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and
(b)published in the Canada Gazette.
Tribunal
75.‍3Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.‍1(1)‍(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.
Interim review
75.‍4(1)The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of
(a)a decision made under subsection 75.‍1(1) that sets out a finding of circumvention; or
(b)any aspect of a decision referred to in paragraph (a).
Included decisions
(2)For the purposes of subsection (1), a decision made under subsection 75.‍1(1) is deemed to include any decision relating to it that is made under subsection (6) or 75.‍6(5) prior to the initiation of a review under subsection (1).
Limitation
(3)The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted.
Decision if interim review not initiated
(4)If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government.
Initiation of interim review
(5)If the President decides to conduct an interim review the President shall cause written notice of the decision to be
(a)given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and
(b)published in the Canada Gazette.
Decision
(6)On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision.
Notice
(7)On completion of an interim review, the President shall
(a)cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any;
(b)cause the notice to be published in the Canada Gazette;
(c)publish the reasons for that decision in the prescribed manner; and
(d)if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.
Tribunal
(8)Without delay after a decision is filed with the Tribunal under paragraph (7)‍(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.
Review of decision
75.‍5(1)For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.‍1(1), 75.‍4(6) or 75.‍6(5) to which that Court decision relates.
Confirmation, amendment or revocation
(2)The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.‍1, to be a decision or determination made under subsection 75.‍1(1), 75.‍4(6) or 75.‍6(5), as the case may be.
Request for exemption
75.‍6(1)An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.‍1) or (1.‍2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter
(a)establishes that they are not associated with any exporter who was given notice of the circumvention investigation; and
(b)has not been
(i)given notice of the initiation of that investigation, or
(ii)requested to provide information during the course of that investigation.
Form of request
(2)A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.
Review — circumvention
(3)If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties.
Notice
(4)If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers.
Decision
(5)Upon completion of the review, the President shall make a determination that the goods from the exporter are
(a)subject to the extension of duties if the President is satisfied that circumvention is occurring; or
(b)exempt from the extension of duties if the President is satisfied that no circumvention is occurring.
Notice
(6)Upon completion of the review, the President shall
(a)cause notice of the determination to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person requesting the review; and
(b)if the President makes a determination under paragraph (5)‍(b), cause to be filed with the Tribunal:
(i)written notice of the determination, stating the reasons for the determination, and
(ii)any other material that may be required under the rules of the Tribunal.
Amendment — order or finding
(7)Without delay after receipt of a notice under paragraph (6)‍(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination.
Termination of investigation or review
75.‍7(1)The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.‍4(1) or 75.‍6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review.
Notice of termination
(2)The President shall cause written notice of the termination of an investigation or review under subsection (1) to be
(a)given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and
(b)published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.‍4(1).
90(1)The portion of subsection 76.‍01(1) of the Act before paragraph (a) is replaced by the following:
Interim review of orders by Tribunal
76.‍01(1)Subject to subsection (1.‍1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of
(2)Section 76.‍01 of the Act is amended by adding the following after subsection (1):
Exclusion
(1.‍1)The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.‍1(1) or 75.‍4(6) to the President who shall make a decision relating to that portion of the request under section 75.‍4.
91(1)The portion of subsection 76.‍03(1) of the Act before paragraph (a) is replaced by the following:
Order or finding deemed to be rescinded
76.‍03(1)If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:
(2)The portion of subsection 76.‍03(3) of the Act before paragraph (a) is replaced by the following:
Review of orders by Tribunal
(3)The Tribunal may initiate an expiry review of an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6
(3)Section 76.‍03 of the Act is amended by adding the following after subsection (12):
Review period
(13)For the purposes of conducting a review of an order or finding under this section the following are not to be considered:
(a)an order made by the Tribunal under section 75.‍3 or subsection 75.‍4(8) or 75.‍6(7) amending the order or finding under review, if that order is made on or after the day on which notice is published under subsection (2) and before the day on which the order of the Tribunal is made under subsection (12); and
(b)a decision or determination made by the President under subsection 75.‍1(1), 75.‍4(6) or 75.‍6(5) in respect of the order or finding under review.
Expiry of anti-circumvention order
(14)An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires
(a)if an expiry review is not initiated under subsection (3), five years after the day on which the order or finding that was the subject of the anti-circumvention investigation or interim review was made; and
(b)if an expiry review of the order or finding that was the subject of the anti-circumvention investigation or interim review is initiated under subsection (3), the day on which the Tribunal makes an order under subsection (12).
92Paragraphs 76.‍1(5)‍(a) and (b) of the Act are replaced by the following:
(a)paragraph 41(1)‍(a), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that paragraph to cause an investigation to be terminated;
(b)paragraph 41(1)‍(b), if the decision or determination was continued or made as a result of a review under this section of a final determination of the President under that paragraph;
93Paragraphs (a) and (b) of the definition definitive decision in subsection 77.‍01(1) of the Act are replaced by the following:
(a)a decision of the President under paragraph 41(1)‍(a),
(b)a final determination of the President under paragraph 41(1)‍(b),
94Subsection 77.‍013(3) of the Act is replaced by the following:
Single panel
(3)If a request is made for the review of a final determination of the President under paragraph 41(1)‍(b) that applies to or is made in respect of particular goods of a NAFTA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that NAFTA country, be appointed to review the final determination and the order or finding.
95Paragraphs (a) and (b) of the definition definitive decision in subsection 77.‍1(1) of the Act are replaced by the following:
(a)a decision of the President under paragraph 41(1)‍(a),
(b)a final determination of the President under paragraph 41(1)‍(b),
96Subsection 77.‍13(2) of the Act is replaced by the following:
Single panel
(2)If a request is made for the review of a final determination of the President under paragraph 41(1)‍(b) that applies to or in respect of particular goods of the United States and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or in respect of those goods, one panel may, with the consent of the Minister and the United States government, be appointed to review the final determination and the order or finding.
97(1)Paragraphs 96.‍1(1)‍(a) and (b) of the Act are replaced by the following:
(a)a decision of the President under paragraph 41(1)‍(a);
(b)a final determination of the President under paragraph 41(1)‍(b);
(2)Subsection 96.‍1(1) of the Act is amended by adding the following after paragraph (c.‍1):
(c.‍2)a decision of the President under subsection 75.‍1(1);
(c.‍3)a decision of the President under subsection 75.‍4(6);
(c.‍4)a determination of the President under subsection 75.‍6(5);
98(1)Paragraph 97(1)‍(a.‍1) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):
(iii)whether there has been a change in the pattern of trade,
(iv)whether the process of assembly or completion is insignificant,
(v)the principal cause of a change in a pattern of trade, and
(vi)whether a prescribed activity is undermining the remedial effects of an order of the Governor in Council or an order or finding;
(2)Paragraph 97(1)‍(b) of the Act is replaced by the following:
(a.‍2)respecting activities for the purposes of paragraph 71(b);
(b)specifying the circumstances and manner in which two or more properly documented complaints, investigations or inquiries, including anti-circumvention complaints and investigations and scope ruling applications and scope proceedings, may be joined and carried on as one and the persons to whom and the manner in which notice of the joining shall be given;
(c)prescribing, for the purpose of subsection 74(2), what constitutes a sufficient amount of time for interested parties to provide written comments;
(3)Paragraph 97(1)‍(g) of the Act is replaced by the following:
(g)defining the expression “person interested” for the purpose of subsection 45(6) or section 89 or 95 and the expression “interested person” for the purpose of subsections 61(1.‍1), 63(1) or 67(4);
(g.‍01)prescribing what constitutes a complete application for the purposes of subsection 63(7);
Transitional Provisions
Definitions
99The definitions in this section apply in this section and sections 100 and 101.
commencement day means the day on which this section comes into force.‍ (date de référence)
former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)
new Act means the Special Import Measures Act as it read on the commencement day.‍ (nouvelle loi)
Disposition of notified complaints
100(1)Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)‍(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act.
Goods subject to order made after commencement day
(2)If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in respect of those goods other than the following shall be disposed of in accordance with that Act:
(a)a judicial review or dispute settlement under Part I.‍1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;
(b)a proceeding, process or action in relation to any of those goods that were released before the commencement day;
(c)a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or
(d)a proceeding, process or action under section 45 of the new Act in relation to that order or finding.
Effect of order or finding
(3)For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under that Act.
New Act does not justify review
(4)For the purpose of subsection 76.‍01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted.
Determination — undertaking
(5)Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.
Determination — deeming
(6)A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)‍(c) applies, deemed to have been made under the new Act.
Re-determination of normal value, etc.
(7)A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act.
Application
101The provisions of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.
Coming into Force
Order in council
102Sections 68, 69, 74, 75 and 84 to 91, subsection 97(2) and sections 98 to 101 come into force on the day fixed by order of the Governor in Council.
DIVISION 2
Public Debt
Enactment of Borrowing Authority Act
Enactment
103The Borrowing Authority Act, whose text is as follows and whose schedule is set out in Schedule 1 to this Act, is enacted:
An Act to provide the Minister of Finance with borrowing authority and to provide for a maximum amount of certain borrowings
Short title
1This Act may be cited as the Borrowing Authority Act.
Definitions
2The following definitions apply in this Act.
agent corporation has the same meaning as in subsection 83(1) of the Financial Administration Act.‍ (société mandataire)
Minister means the Minister of Finance.‍ (ministre)
Borrowing authority
3The Minister, with the authorization of the Governor in Council under subsection 44(1) of the Financial Administration Act and in accordance with that Act, may borrow money on behalf of Her Majesty in right of Canada, by way of the issue and sale of securities, as defined in section 2 of that Act, or otherwise.
Maximum amount that may be borrowed
4Despite section 3 and any other Act of Parliament, but subject to section 6, the total of the following amounts must not at any time exceed $1,168,000,000,000:
(a)the total amount of money borrowed by the Minister under section 3, the Financial Administration Act and the borrowing authority Acts listed in the schedule,
(b)the total amount of money borrowed by way of the issue and sale of Canada Mortgage Bonds that are guaranteed by the Canada Mortgage and Housing Corporation, and
(c)the total amount of money borrowed by all agent corporations, by way of the issue and sale of their securities or otherwise, other than
(i)amounts that they borrowed from Her Majesty in right of Canada, and
(ii)amounts that they are deemed under any other Act of Parliament to have borrowed.
Exception — amounts not counting towards total
5The following amounts do not count in the calculation of the amount referred to in paragraph 4(a):
(a)amounts borrowed by the Minister under an order made under paragraph 46.‍1(c) of the Financial Administration Act; and
(b)amounts borrowed by the Minister under an order made under paragraph 46.‍1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under an order made under paragraph 46.‍1(c) of that Act.
Exception — maximum amount may be exceeded
6The Minister may borrow an amount under an order made under paragraph 46.‍1(a) or (b) of the Financial Administration Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded.
Minister’s responsibility
7In the exercise of the Minister’s powers and duties under subsection 14(1) of the National Housing Act in respect of guarantees of Canada Mortgage Bonds by the Canada Mortgage and Housing Corporation, and of his or her powers and duties under subsections 127(2) and (3) of the Financial Administration Act in respect of agent corporations, the Minister must ensure that the maximum amount referred to in section 4 of this Act is not exceeded.
Report to Parliament
8(1)The Minister must cause to be tabled in each House of Parliament within three years after the day on which this section comes into force — or, if the House is not sitting on the last day of that three-year period, during the next 30 days that it is sitting — a report indicating
(a)the total amount of borrowed money referred to in each of paragraphs 4(a) to (c);
(b)the total amount of money borrowed under orders made under each of paragraphs 46.‍1(a) to (c) of the Financial Administration Act; and
(c)the Minister’s assessment of whether the maximum amount referred to in section 4 of this Act should be increased or decreased.
Subsequent triennial reports
(2)The Minister must cause to be tabled in each House of Parliament, on or before the May 31 that follows the end of the third fiscal year after the fiscal year during which a report was previously tabled under this section — or, if the House is not sitting on that May 31, during the next 30 days that it is sitting — a report indicating the matters set out in paragraphs (1)‍(a) to (c).
R.‍S.‍, c. F-11
Amendment to the Financial Administration Act
104The portion of subsection 48(2) of the Financial Administration Act after paragraph (b) is replaced by the following:
the authorized transaction may be undertaken, in whole or in part, in the currency of a country other than Canada, and for that purpose the specific or maximum number of dollars shall be construed as an equivalent amount in the currency of the other country, calculated at the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the money is borrowed, the proceeds from the issue of securities are received or the guarantee is given, as the case may be, or at any other rate of exchange in use between those currencies that the Minister considers appropriate.
1990, c. 41
Amendment to the Hibernia Development Project Act
105Paragraph 3(3)‍(a) of the Hibernia Development Project Act is replaced by the following:
(a)where the guarantee is in respect of an amount that together with all guaranteed principal amounts outstanding at the time is in excess of the maximum aggregate principal amount guaranteed at any prior time, the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the benefit of the guarantee is extended by certificate under paragraph (2)‍(b) to the amount in excess; or
2016, c. 7
Consequential Amendment to the Budget Implementation Act, 2016, No. 1
106Section 186 of the Budget Implementation Act, 2016, No. 1 is repealed.
Coming into Force
2016, c. 7
107Section 103 comes into force on the day on which section 183 of the Budget Implementation Act, 2016, No. 1 comes into force.
DIVISION 3
Financial Sector Stability
R.‍S.‍, c. C-3
Canada Deposit Insurance Corporation Act
108Section 7 of the Canada Deposit Insurance Corporation Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d)to act as the resolution authority for its members.
109(1)Subsection 11(2) of the Act is amended by adding the following after paragraph (d):
(e)respecting the development, submission and maintenance of resolution plans by domestic systemically important banks, including specifying the contents of those plans;
(2)Section 11 of the Act is amended by adding the following after subsection (2):
Ministerial approval
(2.‍01)A by-law made under paragraph (2)‍(e) is not effective unless it has been approved in writing by the Minister.
110The Act is amended by adding the following after the heading “Restructuring of Federal Member Institutions” after section 39:
Resolution Plans
Submission of plan
39.‍01A domestic systemically important bank shall, on the request of the Corporation, develop and maintain a resolution plan that meets the requirements referred to in paragraph 11(2)‍(e) and shall submit that plan to the Corporation.
1991, c. 46
Bank Act
111Subsection 485(1.‍2) of the Bank Act is replaced by the following:
Superintendent’s order
(1.‍2)For each domestic systemically important bank, the Superintendent shall, by order made after consulting with the other members of the committee established under subsection 18(1) of the Office of the Superintendent of Financial Institutions Act, provide for the amount that constitutes the bank’s minimum capacity to absorb losses.
Amount — subsection (1.‍2)
(1.‍21)The amount set under subsection (1.‍2) consists of capital, prescribed shares and prescribed liabilities, which have the value determined in accordance with any criteria the Superintendent considers appropriate.
Coming into Force
Order in council
112(1)Section 110 comes into force on a day to be fixed by order of the Governor in Council.
2016, c. 7 or royal assent
(2)Section 111 comes into force on the day on which section 160 of the Budget Implementation Act, 2016, No. 1 comes into force or, if it is later, on the day on which this Act receives royal assent.
DIVISION 4
2012, c. 19, s. 711
Shared Services Canada Act
113Section 7 of the Shared Services Canada Act is replaced by the following:
Minister
7The Minister may, for the purpose of providing services under this Act, exercise any of the powers, or perform any of the duties or functions, that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments, Crown corporations, persons, organizations and governments to which those services are provided.
Delegation — appropriate Minister
7.‍1(1)For the purpose of providing services under this Act to a department through Shared Services Canada, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s appropriate Minister.
Delegation — chief executive
(2)For the purpose of providing services under this Act, through Shared Services Canada, to a department over which the Minister does not preside but for which he or she is the appropriate Minister, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s chief executive.
Subdelegation — chief executive
(3)The appropriate Minister for a department may, subject to and in accordance with the delegation under subsection (1), subdelegate to the chief executive of that department, for any period and under any terms and conditions that the appropriate Minister considers suitable, the power that was delegated to him or her under that subsection.
Subdelegation — subordinate
(4)The chief executive of a department may, subject to and in accordance with the delegation under subsection (2) or the subdelegation under subsection (3), subdelegate to any person under his or her jurisdiction, for any period and under any terms and conditions that the chief executive considers suitable, the power that was delegated or subdelegated, as the case may be, to him or her under that subsection.
Definitions
(5)The following definitions apply in this section.
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act.‍ (ministre compétent)
chief executive means
(a)with respect to a department named in Part I of Schedule VI to the Financial Administration Act, its deputy minister;
(b)with respect to a department named in Part II or III of that Schedule, the person occupying the position set out opposite that name; and
(c)with respect to a department that is not named in that Schedule, the chief executive officer, the deputy head or the person who occupies any other similar position, however called, in that department. (administrateur principal)
114The Act is amended by adding the following after section 9:
Authorization
9.‍1(1)Despite the Governor in Council having specified, under paragraph 6(c), that a department must obtain a service that is specified under paragraph 6(a) exclusively from the Minister through Shared Services Canada and is not permitted to meet its requirement for that service internally, the Minister may, if the Minister considers that exceptional circumstances justify it, and under any terms and conditions that the Minister specifies,
(a)authorize that department to obtain part of that service other than from the Minister through Shared Services Canada, including by meeting its requirement for that part of the service internally; or
(b)authorize that department to obtain all of that service in respect of one or more portions of the department — but not all of the department — other than from the Minister through Shared Services Canada, including by meeting its requirement for that service internally.
Power exercised personally
(2)The Minister must personally exercise the power that is set out in subsection (1).
Instructions
(3)A department that is authorized, under subsection (1), to obtain all or part of a service other than from the Minister through Shared Services Canada, including by meeting its requirement for that service or that part of the service internally, must do so in accordance with any instructions that the Minister provides.
DIVISION 5
Payment to the Canadian Institute for Advanced Research
Maximum payment of $125,000,000
115There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $125,000,000 to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.
DIVISION 6
Financial Assistance for Students
1994, c. 28
Canada Student Financial Assistance Act
116Paragraph (a) of the definition qualifying student in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:
(a)who is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act,
2004, c. 26
Canada Education Savings Act
117Paragraph 2(2)‍(a) of the Canada Education Savings Act is replaced by the following:
(a)the expressions adjusted income, cohabiting spouse or common-law partner, eligible individual and qualified dependant have the meanings assigned by section 122.‍6 of the Income Tax Act;
118(1)Subsection 5(6.‍1) of the Act is replaced by the following:
Change in care
(6.‍1)If, in a month following January in a particular year, an individual who was not the primary caregiver of a beneficiary in January of that year becomes the beneficiary’s primary caregiver, then the adjusted income to be used for the purposes of subsection (4) in respect of contributions made to the trustee of the trust designated by that individual or their cohabiting spouse or common-law partner is the adjusted income used to determine the amount of a Canada child benefit for the first month in the particular year in respect of which the individual’s eligibility for the Canada child benefit has been established.
(2)Subsections 5(7) to (7.‍2) of the Act are replaced by the following:
Designation
(7)The amount referred to in subsection (4) is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary at the time the contribution is made or the primary caregiver’s cohabiting spouse or common-law partner at that time.
More than one designated trust
(7.‍1)If there is more than one trust designated under subsection (7) at the time a contribution is made, the amount referred to in subsection (4) is to be paid to the trustee of the trust to which a contribution is first made.
Additional grant less than maximum amount
(7.‍2)For greater certainty, if there is more than one trust designated under subsection (7) and the total of all amounts paid under subsection (4) to the trustee of the trust to which a contribution is first made is less than the maximum amount that may be paid under subsection (4), then amounts may be paid under subsection (4) to the trustee of any trust designated under subsection (7).
119Subsection 6(4) of the Act is replaced by the following:
Designation
(4)The amount of a bond in respect of a benefit year is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary, the primary caregiver’s cohabiting spouse or common-law partner or, if the beneficiary is 18 years of age or more, the beneficiary.
120Subsection 9.‍1(1) of the Act is replaced by the following:
Waiver
9.‍1(1)On application made by the primary caregiver of the beneficiary, the primary caregiver’s cohabiting spouse or common-law partner or, if the beneficiary is 18 years of age or more, the beneficiary, the Minister may, to avoid undue hardship, waive any of the requirements of this Act or the regulations that relate to the payment of CES grants or Canada Learning Bonds and that are specified in regulations made under paragraph 13(g). The application must be in the form and manner approved by the Minister.
Coming into Force
August 1, 2018
121(1)Section 116 comes into force on August 1, 2018.
January 1, 2018
(2)Sections 117 to 120 come into force on January 1, 2018.
DIVISION 7
Parliamentary Budget Officer and Board of Internal Economy
R.‍S.‍, c. P-1
Parliament of Canada Act
Amendments to the Act
122Subsection 50(6) of the Parliament of Canada Act is replaced by the following:
Scope
(6)For greater certainty, nothing in the oath or affirmation referred to in subsection (5) shall be construed as preventing the communication of any information or documents discussed in, or prepared for, a meeting of the Board that was open to the public.
123The Act is amended by adding the following after section 51:
Public meetings
51.‍1Meetings of the Board shall be open to the public; however, a meeting or portion of a meeting shall be held in camera if
(a)the matters being discussed relate to security, employment, staff relations or tenders;
(b)the circumstances prescribed by a by-law made under paragraph 52.‍5(1)‍(a.‍1) exist; or
(c)all of the members of the Board who are present at the meeting agree that it be held in camera.
124Subsection 52.‍2(2) of the Act is replaced by the following:
Proceedings
(2)For greater certainty, the proceedings of the Board are proceedings in Parliament.
125(1)Subsection 52.‍5(1) of the Act is amended by adding the following after paragraph (a):
(a.‍1)prescribing the circumstances in which a meeting of the Board shall be held in camera;
(2)Section 52.‍5 of the Act is amended by adding the following after subsection (1):
Unanimity
(1.‍1)The Board may make a by-law under paragraph (1)‍(a.‍1) only on the unanimous vote of the members of the Board who are present at the meeting at which the vote is held.
126Subsection 75(4) of the Act is replaced by the following:
Other officers and employees
(4)The officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and the clerks and servants who are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.
127Section 78 of the Act is replaced by the following:
Duties of Librarians and staff
78The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined, subject to this Act, by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.
128Sections 79.‍1 to 79.‍5 of the Act are replaced by the following:
Parliamentary Budget Officer
Purpose
79.‍01Sections 79.‍1 to 79.‍5 provide for an independent and non-partisan Parliamentary Budget Officer to support Parliament by providing analysis, including analysis of macro-economic and fiscal policy, for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability.
Appointment
79.‍1(1)The Governor in Council shall, by commission under the Great Seal, appoint a Parliamentary Budget Officer after consultation with the following persons and after approval of the appointment by resolution of the Senate and House of Commons:
(a)the persons referred to in paragraphs 62(a) and (b) and the leader of every caucus and of every recognized group in the Senate; and
(b)the leader of every recognized party in the House of Commons.
Experience and expertise
(1.‍1)The Parliamentary Budget Officer shall have demonstrated experience and expertise in federal or provincial budgeting.
Tenure
(2)The Parliamentary Budget Officer holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.
Reappointment
(3)The Parliamentary Budget Officer may be reappointed for one or more terms of up to seven years each. However, the Parliamentary Budget Officer shall serve no more than 14 years in office in total.
Interim appointment
(4)In the event of the absence or incapacity of the Parliamentary Budget Officer, or if that office is vacant, the Governor in Council may appoint any person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the remuneration and expenses that may be fixed by the Governor in Council.
Remuneration and expenses
(5)The Parliamentary Budget Officer shall be paid the remuneration and expenses fixed by the Governor in Council.
Deputy head
79.‍11(1)The Parliamentary Budget Officer has the rank of a deputy head of a department of the Goverment of Canada and has the control and management of the office of the Parliamentary Budget Officer.
Powers to contract
(2)The Parliamentary Budget Officer may, in carrying out the work of the office of the Parliamentary Budget Officer, enter into contracts, memoranda of understanding or other arrangements.
Staff
(3)The Parliamentary Budget Officer may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Parliamentary Budget Officer considers necessary for the proper conduct of the work of the office of the Parliamentary Budget Officer.
Technical assistance
(4)The Parliamentary Budget Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the proper conduct of the work of the office of the Parliamentary Budget Officer.
Authorization
(5)The Parliamentary Budget Officer may, subject to the conditions that he or she sets, authorize any person to exercise any powers under subsections (2) to (4) on behalf of the Parliamentary Budget Officer that he or she may determine.
Salaries
(6)The salaries of the officers and employees of the office of the Parliamentary Budget Officer shall be fixed according to the scale provided by law.
Payment
(7)The salaries of the officers and employees of the office of the Parliamentary Budget Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.
Estimate to be prepared
(8)Before each fiscal year, the Parliamentary Budget Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Parliamentary Budget Officer during the fiscal year.
Inclusion in government estimates
(9)The estimate referred to in subsection (8) shall be considered by the Speaker of the Senate and the Speaker of the House of Commons and then transmitted 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.
Cooperation
79.‍12The Parliamentary Budget Officer and the Parliamentary Librarian shall take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of resources and services provided to parliamentary committees and members of the Senate and the House of Commons.
Annual work plan
79.‍13(1)Before each fiscal year, the Parliamentary Budget Officer shall prepare an annual work plan for that year that includes
(a)criteria for the allocation of resources to the various functions within the Parliamentary Budget Officer’s mandate;
(b)a list of matters of particular significance relating to the nation’s finances or economy that, in the Parliamentary Budget Officer’s opinion after consultation with the Speaker of the Senate and the Speaker of the House of Commons, should be brought to the attention of the Senate and the House of Commons during the year; and
(c)a statement of the manner in which the Parliamentary Budget Officer intends to prioritize requests for his or her services from parliamentary committees and members of the Senate and the House of Commons.
Annual work plan updated
(2)The Parliamentary Budget Officer may update the annual work plan as required during the fiscal year.
Tabling of annual work plan
(3)After the annual work plan has been provided to the Speaker of the Senate and the Speaker of the House of Commons, they shall each table it in the House over which he or she presides.
Mandate — Parliament not dissolved
79.‍2(1)During periods when Parliament is not dissolved, the Parliamentary Budget Officer
(a)may prepare reports containing the Parliamentary Budget Officer’s analysis of any of the following federal government documents:
(i)a budget tabled by or on behalf of the Minister of Finance,
(ii)an economic and fiscal update or statement issued by the Minister of Finance,
(iii)a fiscal sustainability report issued by the Minister of Finance,
(iv)the estimates of the government for a fiscal year;
(b)may prepare reports on matters of particular significance relating to the nation’s finances or economy that are listed in an annual work plan;
(c)shall, if requested to do so by any of the following committees, undertake research into and analysis of matters relating to the nation’s finances or economy:
(i)the Standing Committee on National Finance of the Senate or, if there is not a Standing Committee on National Finance, the appropriate committee of the Senate,
(ii)the Standing Committee on Finance of the House of Commons or, if there is not a Standing Committee on Finance, the appropriate committee of the House of Commons,
(iii)the Standing Committee on Public Accounts of the House of Commons or, if there is not a Standing Committee on Public Accounts, the appropriate committee of the House of Commons,
(iv)the Standing Committee on Government Operations and Estimates of the House of Commons or, if there is not a Standing Committee on Government Operations and Estimates, the appropriate committee of the House of Commons;
(d)shall, if requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research into and analysis of those estimates;
(e)shall, if requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction; and
(f)shall, if requested to do so by a member of the Senate or of the House of Commons, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction.
Reports to be tabled
(2)The Parliamentary Budget Officer shall provide any report prepared under paragraph (1)‍(a) or (b) to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the Speaker of the Senate and the Speaker of the House of Commons.
Request by committee
(3)The Parliamentary Budget Officer shall provide a report containing the research and analysis or estimate requested by a committee under paragraph (1)‍(c), (d) or (e) to the chair of the committee that requested it. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the chair of the committee that requested it.
Request by member
(4)The Parliamentary Budget Officer shall provide a report containing the estimate requested under paragraph (1)‍(f) to the member of the Senate or of the House of Commons who requested it. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the member.
If Parliament is dissolved
(5)If Parliament is dissolved before a report is provided to the chair of the committee or to the member under subsection (3) or (4), the Parliamentary Budget Officer shall discontinue work on the request.
Mandate — general election
79.‍21(1)During the period described in subsection (2), the Parliamentary Budget Officer shall, at the request of an authorized representative or a member, estimate the financial cost of any election campaign proposal that the authorized representative’s party or the member is considering making.
Period
(2)For the purposes of subsection (1), the period begins on the 120th day before the date fixed under section 56.‍1 or 56.‍2 of the Canada Elections Act and ends on the day before the date of the next general election. However, if Parliament is dissolved before that 120th day, the period begins on the day on which Parliament is dissolved and ends on the day before the date of the next general election.
Request
(3)A request referred to in subsection (1) shall be made in writing and describe the proposal for which an estimate is requested, including relevant details and objectives.
Additional information
(4)The Parliamentary Budget Officer may, in writing, request additional information from an authorized representative of the party on behalf of which an estimate was requested or from the member who made a request for an estimate.
Ministerial agreement
(5)A minister who presides over a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act may, at the request of the Parliamentary Budget Officer, personally agree that his or her department will provide assistance to the Parliamentary Budget Officer in preparing estimates under subsection (1) during the period described in subsection (2).
Confidentiality
(6)The Parliamentary Budget Officer shall not disclose to a minister any information related to a request for an estimate under subsection (3).
Ministerial involvement
(7)A minister who, under subsection (5), agrees that his or her department will provide assistance shall
(a)instruct his or her deputy to make any arrangements that his or her deputy considers necessary for the provision of the assistance, including, at the deputy’s discretion, arrangements respecting the terms under which the assistance is to be provided; and
(b)abstain from any personal involvement in the provision of the assistance.
Confidentiality
(8)If the Parliamentary Budget Officer makes a request to a deputy referred to in paragraph 7(a) for assistance in preparing an estimate under subsection (1), the Parliamentary Budget Officer shall not disclose to the deputy or any other person in the department the identity of the party on behalf of which the estimate was requested or the identity of the member who made the request for an estimate.
Confidentiality
(9)Except for the purposes of subsection (10), information that is obtained or created in the provision of assistance referred to in subsection (8) shall not be disclosed to any person other than the Parliamentary Budget Officer.
Assistance of other departments
(10)In order to provide assistance referred to in subsection (8), a person in a department may provide information to and obtain information from a person in another department if
(a)the other department is also a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act; and
(b)the minister who presides over the other department has also agreed to provide assistance under subsection (5).
Withdrawal of request
(11)An authorized representative of the party on behalf of which the estimate was requested or the member who made the request may withdraw it, in writing, before a report containing the estimate is provided to an authorized representative or the member. If a request is withdrawn, the Parliamentary Budget Officer shall discontinue work on the request and shall not disclose the request or the estimate.
Report
(12)The Parliamentary Budget Officer shall provide a report containing the estimate to an authorized representative of the party on behalf of which the estimate was requested or to the member who made the request.
Proposal publicly announced
(13)An authorized representative of the party on behalf of which an estimate was requested or the member who made a request shall notify the Parliamentary Budget Officer, in writing, if the proposal for which the estimate is requested has been publicly announced.
Report made public
(14)The Parliamentary Budget Officer shall make a report available to the public as soon as feasible after the report has been provided to the authorized representative or the member under subsection (12) and the Parliamentary Budget Officer has been notified that the policy proposal has been publicly announced. However, the Parliamentary Budget Officer shall not make the report available to the public on or after the date of the general election.
Estimate not completed
(15)If, in the Parliamentary Budget Officer’s opinion, he or she does not have sufficient time or information to complete a requested estimate within the period described in subsection (2), the Parliamentary Budget Officer shall notify an authorized representative of the party on behalf of which the estimate was requested or the member who made the request, in writing, that he or she is discontinuing work on the estimate and that it will not be completed.
Publication of request and statement
(16)If the Parliamentary Budget Officer discontinues work on a request under subsection (15) and the request is for an estimate of the financial cost of a proposal that has been publicly announced, the Parliamentary Budget Officer shall, before the end of the period described in subsection (2), publish the request and a statement of the reasons why the request could not be completed.
Definitions
(17)The following definitions apply in this section.
authorized representative means the leader of a recognized party in the House of Commons on the day before the first day of the period described in subsection (2) or a person authorized in writing by the leader for the purposes of this section. (représentant autorisé)
member means a person who is a member of the House of Commons on the day before the first day of the period described in subsection (2) but who is not a member of a recognized party on that day. (membre)
Annual report
79.‍22The Parliamentary Budget Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under sections 79.‍2 and 79.‍21 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides. The Parliamentary Budget Officer shall not make the report available to the public before it has been tabled in either the Senate or the House of Commons.
Definitions
79.‍3The following definitions apply in sections 79.‍4 to 79.‍5.
department has the same meaning as in any of paragraphs (a), (a.‍1) and (d) of the definition department in section 2 of the Financial Administration Act. (minis-tère)
head has the same meaning as in section 3 of the Access to Information Act. (responsable d’institution fédérale)
parent Crown corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société d’État mère)
Access to information
79.‍4(1)Except as provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is entitled, by request made to the head of a department or of a parent Crown corporation, to free and timely access to any information under the control of the department or parent Crown corporation that is required for the performance of his or her mandate.
Exception
(2)Subsection (1) does not apply in respect of any information
(a)the disclosure of which is restricted under section 19 of the Access to Information Act;
(b)that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;
(c)the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or
(d)that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.
Refusal to provide access to information
79.‍41If he or she refuses to provide access to information requested under subsection 79.‍4(1), the deputy minister of the department concerned or the person who occupies any other similar position for the federal institution or parent Crown corporation, as the case may be, shall provide the Parliamentary Budget Officer with a written justification for the refusal.
Notification
79.‍42If the Parliamentary Budget Officer is of the opinion that he or she has not been provided with free or timely access to information requested under subsection 79.‍4(1), he or she may so notify the Speaker of the Senate and the Speaker of the House of Commons or any appropriate committee of the Senate, of the House of Commons or of both Houses of Parliament.
Confidentiality
79.‍5The Parliamentary Budget Officer, and every person referred to in subsections 79.‍11(3) and (4), shall not disclose any information that comes to their knowledge under subsection 79.‍21(9) or section 79.‍4, unless the disclosure is essential for the performance of the Parliamentary Budget Officer’s mandate and, in the case of information referred to in subsection 79.‍21(9), the minister’s deputy has consented to the disclosure.
Review
79.‍501A committee of the Senate, of the House of Commons or of both Houses of Parliament shall, five years after the day on which this section comes into force, undertake a review of sections 79.‍01 to 79.‍5.
129The definition parliamentary precinct in section 79.‍51 of the 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 Parliamentary Budget Officer. (Cité parlementaire)
130Form 3 in the schedule to the Act is replaced by the following:
Form 3
I, .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. , do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (If an oath is taken, add “So help me God”).
I further solemnly swear (affirm) that I will not, without the authority of the Board, communicate or allow to be communicated to any person any information or documents discussed in, or prepared for, a meeting of the Board that is held in camera. (If an oath is taken, add “So help me God”).
Transitional Provisions
Definitions
131(1)The following definitions apply in sections 132 to 156.
commencement day means the day on which section 128 comes into force.‍ (date de référence)
new Parliamentary Budget Officer  means the Parliamentary Budget Officer appointed under subsection 79.‍1(1) of the Parliament of Canada Act as enacted by section 128. (nouveau directeur parlementaire du budget)
Terminology — Parliamentary Employment and Staff Relations Act
(2)Unless the context requires otherwise, words and expressions used in sections 133 to 150 have the same meaning as in section 3 of the Parliamentary Employment and Staff Relations Act.
Parliamentary Budget Officer
132The person occupying the position of Parliamentary Budget Officer immediately before the commencement day is deemed to have been appointed under subsection 79.‍1(1) of the Parliament of Canada Act as enacted by section 128. Despite subsection 79.‍1(2) of that Act as enacted by section 128, that person’s term of office is equal to the remainder of the term for which he or she was appointed under subsection 79.‍1(2) of that Act as it read immediately before the commencement day.
Persons who occupy a position
133(1)Every person who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer occupies on the commencement day their position in the office of the new Parliamentary Budget Officer.
No change in status
(2)Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the commencement day, occupies a position within the Library of Parliament, except that the person, beginning on that day, occupies their position in the office of the new Parliamentary Budget Officer.
Collective agreements or arbitral awards continued
134(1)Subject to sections 135 to 146, every collective agreement or arbitral award that applies to an employee who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, 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 office of the new Parliamentary Budget Officer in the bargaining unit in respect of which that bargaining agent has been certified.
Parties may amend
(3)Nothing in subsections (1) and (2) prohibits the office of the new Parliamentary Budget Officer 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
135Any 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 134(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
136(1)If a collective agreement or arbitral award is continued in force under subsection 134(1), the Board must, by order, on application by the office of the new Parliamentary Budget Officer or any bargaining agent affected by the establishment of the office of the new Parliamentary Budget Officer,
(a)determine whether the employees of the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, 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 must be made
(2)The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day.
Application for leave to give notice to bargain collectively
137(1)Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 136(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 136(1)‍(c).
No application within specified period
138(1)If no application for an order under subsection 136(1) is made within the period specified in subsection 136(2), the office of the new Parliamentary Budget Officer or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 134(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 on the 151st day after the commencement day and ending on the 240th day after that day.
Notice to bargain given before conversion
139A notice to bargain collectively that was given before the commencement day does not bind the office of the new Parliamentary Budget Officer and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 141(b).
Duty to observe terms and conditions
140If a notice to bargain collectively is given before the commencement day, then, unless the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until
(a)the expiry of the 150th day following that day, if no application is made under paragraph 141(a); or
(b)if such an application is made, the day on which the notice referred to in paragraph 141(b) is given.
Application and notice to bargain collectively
141If a notice to bargain collectively is given before the commencement day,
(a)on application by the office of the new Parliamentary Budget Officer or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining
(i)whether the employees of the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer 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
142Before making an order under subsection 136(1) or paragraph 141(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
143(1)For the purposes of paragraphs 136(1)‍(a) and 141(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the office of the new Parliamentary Budget Officer’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 office of the new Parliamentary Budget Officer, 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
144On application by the office of the new Parliamentary Budget Officer or the employee organization affected by the establishment of that office, 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 136(1)‍(a) or 141(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.
Employer participation
145(1)The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 136(1)‍(b) or 141(a) if it is of the opinion that the office of the new Parliamentary Budget Officer, or a person acting on behalf of that office, 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 136(1)‍(b) or 141(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.
Application of Parliamentary Employment and Staff Relations Act
146(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 135 to 138, 141 and 144;
(b)an order made by the Board under any of sections 136 to 138 and 141;
(c)a determination of the Board made under any of sections 136, 141 and 144 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 134(1); and
(e)collective bargaining that is commenced after the receipt of a notice referred to in section 137 or 138 or paragraph 141(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 135 to 145, 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 134 to 145 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
147The 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 commencement day, occupy their position within the office of the new Parliamentary Budget Officer continue to apply until new terms and conditions of employment for those persons are established.
Complaints
148The 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 commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
Grievances
149(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 commencement day, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Library of Parliament occupying a position in the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
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 office of the new Parliamentary Budget Officer as soon as feasible.
Matter referred to Board
150The 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 commencement day, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
References — Parliamentary Budget Officer
151Every reference to the Parliamentary Budget Officer in any deed, contract, agreement, arrangement or other similar document is, beginning on the commencement day, to be read as a reference to the new Parliamentary Budget Officer unless the context requires otherwise.
Commencement of legal or administrative proceedings
152Every action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred in relation to the portion of the Library of Parliament that supported the Parliamentary Budget Officer may, beginning on the commencement day, be brought against the new Parliamentary Budget Officer.
Continuation of legal or administrative proceedings
153Any action, suit or other legal or administrative proceeding to which the Parliamentary Budget Officer is a party that is pending on the commencement day may be continued by or against the new Parliamentary Budget Officer in the same manner and to the same extent as it could have been continued by or against the Parliamentary Budget Officer.
Transfer of appropriation
154Any amount that is appropriated by an Act of Parliament for the fiscal year in which section 128 comes into force to defray the expenditures of the Library of Parliament in relation to the Parliamentary Budget Officer and that is unexpended on the commencement day is deemed to be an amount appropriated to defray the expenditures of the office of the new Parliamentary Budget Officer.
Transfer of data
155All information that, immediately before the commencement day, is in the possession or under the control of the Parliamentary Budget Officer and that relates to the exercise or performance of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the new Parliamentary Budget Officer.
Completion of work
156The new Parliamentary Budget Officer may complete any work that was started before the commencement day by the Parliamentary Budget Officer under section 79.‍2 of the Parliament of Canada Act as it read immediately before that day.
Consequential Amendments
R.‍S.‍, c. A-1
Access to Information Act
157Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to
Parliament of Canada Act
Loi sur le Parlement du Canada
and a corresponding reference to “subsection 79.‍21(9)”.
R.‍S.‍, c. C-10
Canada Post Corporation Act
158Subsection 35(2) of the Canada Post Corporation 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 Budget Officer
R.‍S.‍, c. F-7; 2002, c. 8, s. 14
Federal Courts Act
159Subsection 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, the Parliamentary Protective Service or the Parliamentary Budget Officer.
Deeming
(3)Despite subsection (2), the Parliamentary Budget Officer is deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.‍3(1).
R.‍S.‍, c. F-11
Financial Administration Act
160(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, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service and office of the Parliamentary Budget Officer, and
R.‍S.‍, c. G-2
Garnishment, Attachment and Pension Diversion Act
161The heading of Division IV of Part 1 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, Parliamentary Protective Service and Office of the Parliamentary Budget Officer
162The 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer,
163The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Garnishment of salaries, remuneration
17The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
164(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.
165(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.
166(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
21Pour 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, au Service de protection parlementaire ou au bureau du directeur parlementaire du budget 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons.
167(1)The portion of section 22 of the Act before paragraph (a) is replaced by the following:
Time period to respond to garnishee summons
22The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer is bound by the garnishee summons; or
168(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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.
169Paragraph 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer must be effected in connection with garnishment proceedings permitted by this Division;
170Section 26 of the Act is replaced by the following:
No execution
26No 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer in garnishment proceedings permitted by this Part.
R.‍S.‍, c. G-5
Government Employees Compensation Act
171Paragraph (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, Parliamentary Protective Service or office of the Parliamentary Budget Officer; (agents de l’État)
R.‍S.‍, c. P-36
Public Service Superannuation Act
172The definition public service in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:
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, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; (fonction publique)
R.‍S.‍, c. R-2; 1989, c. 17, s. 2
Radiocommunication Act
173(1)Subsection 3(1) of the Radiocommunication Act is replaced by the following:
Application to Her Majesty and Parliament
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, Parliamentary Protective Service and office of the Parliamentary Budget Officer 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:
Exemptions
(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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
R.‍S.‍, c. R-10
Royal Canadian Mounted Police Act
173.‍1Subsection 45.‍47(5) of the Royal Canadian Mounted Police Act is replaced by the following:
Application
(5)This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.‍4(1) of the Parliament of Canada Act.
R.‍S.‍, c. 33 (2nd Supp.‍)
Parliamentary Employment and Staff Relations Act
174The 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, Parliamentary Protective Service and office of the Parliamentary Budget Officer
175Paragraph 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, and
176The definition employer in section 3 of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g)the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; (employeur)
177The definition employer in section 85 of the Act is amended by striking out “or” at the end of paragraph (c.‍3) and by adding the following after that paragraph:
(c.‍4)the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; or
R.‍S.‍, c. 15 (4th Supp.‍)
Non-smokers’ Health Act
178Paragraph (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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or
R.‍S.‍, c. 31 (4th Supp.‍)
Official Languages Act
179The definition federal institution in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.‍2):
(c.‍3)the office of the Parliamentary Budget Officer,
180Section 33 of the Act is replaced by the following:
Regulations
33The 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer — in both official languages, if those communications and services are required under this Part to be provided in both official languages.
181(1)The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:
Regulations
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, Parliamentary Protective Service or office of the Parliamentary Budget Officer,
(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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.
182Subsection 41(3) of the Act is replaced by the following:
Regulations
(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, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
183Subsection 46(1) of the Act is replaced by the following:
Responsibilities of Treasury Board
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, Parliamentary Protective Service and office of the Parliamentary Budget Officer.
184Paragraph 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer; and
1991, c. 30
Public Sector Compensation Act
185Paragraph 3(1)‍(c) of the Public Sector Compensation Act is replaced by the following:
(c)the Senate, House of Commons, Library of Parliament, Parliamentary Protective Service or office of the Parliamentary Budget Officer.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
186The portion of section 35.‍3 of the Public Service Employment Act before paragraph (a) is replaced by the following:
Parliamentary employees
35.‍3A 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, Parliamentary Protective Service or office of the Parliamentary Budget Officer
2006, c. 9, s. 2
Conflict of Interest Act
187(1)The definition public office holder in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (d):
(d.‍01)the Parliamentary Budget Officer;
(2)The definition reporting public office holder in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after that paragraph:
(e.‍1)the Parliamentary Budget Officer; or
188Subsection 24(2) 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)in the case of the Parliamentary Budget Officer, to the Speakers of the Senate and the House of Commons; and
2009, c. 2, s. 393
Expenditure Restraint Act
189Paragraph 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, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer.
2013, c. 36
Language Skills Act
190Section 2 of the Language Skills Act is amended by adding the following after paragraph (j):
(k)the Parliamentary Budget Officer, appointed under subsection 79.‍1(1) of the Parliament of Canada Act.
Coming into Force
Order in council
191Sections 126 to 129 and 131 to 190 come into force on a day to be fixed by order of the Governor in Council.
DIVISION 8
R.‍S.‍, c. 28 (1st Supp.‍)
Investment Canada Act
Amendments to the Act
192Paragraphs 14.‍1(1)‍(a) to (d) of the Investment Canada Act are replaced by the following:
(d)for an investment implemented at any time in the period that begins on the day on which this paragraph comes into force and that ends on December 31 of the following year, $1,000,000,000; and
193Section 38.‍1 of the Act is replaced by the following:
Annual report
38.‍1The Director shall, for each fiscal year, submit a report on the administration of this Act to the Minister and the Minister shall make the report available to the public.
Transitional Provision
Application for review — subsection 14.‍1(1)
194Any application that is filed under section 17 of the Investment Canada Act before the day on which paragraph 14.‍1(1)‍(d) of that Act, as enacted by section 192 of this Act, comes into force and in respect of which the Minister of Industry has not made a decision before that day is deemed never to have been filed if
(a)the investment to which the application relates would have been subject to subsection 14.‍1(1) of that Act, had the application been filed on that day; and
(b)the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.‍1(1)‍(d) of that Act, as enacted by section 192 of this Act.
DIVISION 9
Funding for Home Care Services and Mental Health Services
Payment to provinces — fiscal year 20172018
195(1)For the fiscal year beginning on April 1, 2017, the Minister of Finance must pay to a province the amounts determined in accordance with subsections (2) and (3) for the purposes of assisting the province to provide home care services and mental health services if, no later than March 30, 2018, the Minister of Health notifies the Minister of Finance in writing that, in his or her opinion, the government of the province, before December 15, 2017, has accepted the federal proposal to strengthen health care for Canadians made on December 19, 2016.
Amount — home care services
(2)The amount to be paid for the purposes of assisting a province to provide home care services is the amount determined in accordance with the formula
A × (B/C)
where
A
is $200 million;
B
is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
C
is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.
Amount — mental health services
(3)The amount to be paid for the purposes of assisting a province to provide mental health services is the amount determined in accordance with the formula
A × (B/C)
where
A
is $100 million;
B
is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
C
is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.
Payments out of C.‍R.‍F
(4)Any amount to be paid under this section is to be paid out of the Consolidated Revenue Fund.
DIVISION 10
R.‍S.‍, c. J-1
Judges Act
Amendments to the Act
196Paragraphs 9(a) and (b) of the Judges Act are replaced by the following:
(a)the Chief Justice of Canada, $403,800; and
(b)the eight puisne judges, $373,900 each.
197Paragraphs 10(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of the Federal Court of Appeal, $344,400;
(b)the other judges of the Federal Court of Appeal, $314,100 each;
(c)the Chief Justice of the Federal Court, $344,400; and
(d)the other judges of the Federal Court, $314,100 each.
198Section 10.‍1 of the Act is replaced by the following:
Federal Court prothonotaries
10.‍1The yearly salaries of the prothonotaries of the Federal Court shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).
Court Martial Appeal Court
10.‍2The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $344,400.
199Paragraphs 11(a) to (c) of the Act are replaced by the following:
(a)the Chief Justice, $344,400;
(b)the Associate Chief Justice, $344,400; and
(c)the other judges, $314,100 each.
200Paragraphs 12(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice and the Associate Chief Justice of Ontario, $344,400 each;
(b)the 14 Justices of Appeal, $314,100 each;
(c)the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $344,400 each; and
(d)the 192 other judges of the Superior Court of Justice, $314,100 each.
201Paragraphs 13(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Quebec, $344,400;
(b)the 18 puisne judges of the Court of Appeal, $314,100 each;
(c)the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $344,400 each; and
(d)the 144 puisne judges of the Superior Court, $314,100 each.
202Paragraphs 14(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Nova Scotia, $344,400;
(b)the seven other judges of the Court of Appeal, $314,100 each;
(c)the Chief Justice and the Associate Chief Justice of the Supreme Court, $344,400 each; and
(d)the 23 other judges of the Supreme Court, $314,100 each.
203Paragraphs 15(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of New Brunswick, $344,400;
(b)the five other judges of the Court of Appeal, $314,100 each;
(c)the Chief Justice of the Court of Queen’s Bench, $344,400; and
(d)the 21 other judges of the Court of Queen’s Bench, $314,100 each.
204Paragraphs 16(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Manitoba, $344,400;
(b)the six Judges of Appeal, $314,100 each;
(c)the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $344,400 each; and
(d)the 31 puisne judges of the Court of Queen’s Bench, $314,100 each.
205Paragraphs 17(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of British Columbia, $344,400;
(b)the 12 Justices of Appeal, $314,100 each;
(c)the Chief Justice and the Associate Chief Justice of the Supreme Court, $344,400 each; and
(d)the 81 other judges of the Supreme Court, $314,100 each.
206Paragraphs 18(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Prince Edward Island, $344,400;
(b)the two other judges of the Court of Appeal, $314,100 each;
(c)the Chief Justice of the Supreme Court, $344,400; and
(d)the three other judges of the Supreme Court, $314,100 each.
207Paragraphs 19(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Saskatchewan, $344,400;
(b)the six Judges of Appeal, $314,100 each;
(c)the Chief Justice of the Court of Queen’s Bench, $344,400; and
(d)the 29 other judges of the Court of Queen’s Bench, $314,100 each.
208Paragraphs 20(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Alberta, $344,400;
(b)the 10 Justices of Appeal, $314,100 each;
(c)the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $344,400 each; and
(d)the 68 other Justices of the Court of Queen’s Bench, $314,100 each.
209Paragraphs 21(a) to (d) of the Act are replaced by the following:
(a)the Chief Justice of Newfoundland and Labrador, $344,400;
(b)the five Judges of Appeal, $314,100 each;
(c)the Chief Justice of the Trial Division, $344,400; and
(d)the 18 other judges of the Trial Division, $314,100 each.
210(1)Paragraphs 22(1)‍(a) and (b) of the Act are replaced by the following:
(a)the senior judge, $344,400; and
(b)the two other judges, $314,100 each.
(2)Paragraphs 22(2)‍(a) and (b) of the Act are replaced by the following:
(a)the senior judge, $344,400; and
(b)the two other judges, $314,100 each.
(3)Paragraphs 22(2.‍1)‍(a) and (b) of the Act are replaced by the following:
(a)the senior judge, $344,400; and
(b)the four other judges, $314,100 each.
211Paragraphs 24(3)‍(a) and (b) of the Act are replaced by the following:
(a)16, in the case of judges appointed to appeal courts in the provinces; and
(b)62, in the case of judges appointed to superior courts in the provinces other than appeal courts.
212(1)Subsection 25(1) of the Act is replaced by the following:
Annual adjustment of salary
25(1)The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve-month period beginning on April 1, 2016.
(2)The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:
Annual adjustment of salary
(2)The salary annexed to an office of judge referred to in sections 9, 10 and 10.‍2 to 22 for the twelve-month period beginning on April 1, 2017, and for each subsequent twelve-month period, shall be the amount obtained by multiplying
213Subsection 26(2) of the Act is replaced by the following:
Quadrennial inquiry
(2)The Commission shall commence an inquiry on June 1, 2020, and on June 1 of every fourth year after 2020, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.
214The Act is amended by adding the following after section 26.‍1:
Definition of judiciary
26.‍11In sections 26 and 26.‍1, judiciary includes the prothonotaries of the Federal Court.
215Section 26.‍4 of the Act is replaced by the following:
Costs payable to representative of prothonotaries
26.‍4(1)The Commission may identify one representative of the prothonotaries of the Federal Court participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.
Entitlement to payment of costs
(2)The representative identified under subsection (1) is entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of his or her participation.
Determination of costs
(3)An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.
Application
(4)This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.
216(1)Section 27 of the Act is amended by adding the following after subsection (1):
Allowance for incidental expenditures by prothonotaries
(1.‍1)On and after April 1, 2016, every prothonotary in receipt of a salary under this Act is entitled to be paid, up to a maximum of $3,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of prothonotary may require, to the extent that the prothonotary has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.
(2)Subsection 27(2) of the French version of the Act is replaced by the following:
Indemnité supplémentaire de vie chère pour le Nord canadien
(2)À compter du 1er avril 2004, les juges de la Cour suprême de Terre-Neuve-et-Labrador qui résident au Labrador, les juges des cours suprêmes du Yukon et des Territoires du Nord-Ouest et de la Cour de justice du Nunavut rémunérés au titre de la présente loi reçoivent en outre, sans avoir à en rendre compte, une indemnité de vie chère de 12000 $ par an pour les territoires et le Labrador.
217Subsection 31(1) of the French version of the Act is replaced by the following:
Cour fédérale et Cour canadienne de l’impôt
31(1)Les juges en chef de la Cour d’appel fédérale ou de la Cour fédérale ou le juge en chef ou juge en chef adjoint de la Cour canadienne de l’impôt peuvent, en avisant le ministre de la Justice du Canada de leur décision, devenir simples juges du tribunal auquel ils appartiennent; le cas échéant, ils exercent cette charge et touchent le traitement correspondant jusqu’à la cessation de leurs fonctions, notamment par mise à la retraite d’office, démission ou révocation.
218The Act is amended by adding the following after section 31:
Election of Chief Justice of the Court Martial Appeal Court of Canada
31.‍1If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of Justice of Canada of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office.
219Subsection 33(1) of the Act is replaced by the following:
Deemed election and notice
33(1)If a judge gives notice to the Minister of Justice of Canada and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.‍1, 32 or 32.‍1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.‍1, 32 or 32.‍1, as the case may be.
220(1)The portion of paragraph 40(1)‍(c) of the Act before subparagraph (i) is replaced by the following:
(c)a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who moves to a place of residence in one of the 10 provinces or in another territory during the period of two years
(2)Paragraph 40(1)‍(d) of the Act is replaced by the following:
(d)a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the 10 provinces or in another territory;
(3)Subsection 40(1.‍1) of the Act is replaced by the following:
Limitation
(1.‍1)Paragraphs (1)‍(c) and (d) apply only in respect of
(a)a judge who resided in one of the 10 provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be; or
(b)a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador who at the time of appointment did not reside there.
221(1)Section 43 of the Act is amended by adding the following after subsection (1):
Annuity for former supernumerary judge
(1.‍1)If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.
(2)Subsection 43(3) of the Act is replaced by the following:
Annuity — election under section 31.‍1
(2.‍1)If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.‍1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for a total of at least five years.
Annuity payable to chief justice or senior judge
(2.‍2<