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Bill C-97

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First Session, Forty-second Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

STATUTES OF CANADA 2019

CHAPTER 29
An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures

ASSENTED TO
June 21, 2019

BILL C-97



RECOMMENDATION

Her 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 19, 2019 and other meas­ures”.

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-97, “An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures”. That Bill C-97, in Clause 313, be amended by

(a)replacing the section 13 that is set out in it with the following:

13There is to be a Federal Housing Advocate whose mandate is to

(a)monitor the implementation of the housing policy and assess its impact on persons who are members of vulnerable groups, persons with lived experience of housing need and persons with lived experience of homelessness;

(b)monitor progress in meeting the goals and timelines — and in achieving the desired outcomes — set out in the National Housing Strategy;

(c)analyze and conduct research, as the Advocate sees fit, on systemic housing issues, including barriers faced by persons referred to in paragraph (a);

(d)initiate studies, as the Advocate sees fit, into economic, institutional or industry conditions — respecting matters over which Parliament has jurisdiction — that affect the housing system;

(e)consult with persons referred to in paragraph (a) and civil society organizations with respect to systemic housing issues;

(f)receive submissions with respect to systemic housing issues;

(g)provide advice to the Minister;

(h)submit a report to the Minister on the Advocate’s findings and any recommendations to take measures respecting matters over which Parliament has jurisdiction, to further the housing policy, including the progressive realization of the right to ad­equate housing, and the National Housing Strategy; and

(i)participate in the work of the National Housing Council as an ex officio member.

13.‍1 (1)The Federal Housing Advocate may conduct a review of any systemic housing issue that is raised in a submission received under paragraph 13(f).

(2)The Federal Housing Advocate may request that the National Housing Council establish a review panel to hold a hearing to review any systemic housing issue within the jurisdiction of Parliament that is raised in a submission received under paragraph 13(f).

(3)The Federal Housing Advocate must inform the person or group that presented the submission whether or not any action will be taken under subsection (1) or (2).

(4)If the Federal Housing Advocate conducts a review of the systemic housing issue, he or she must, at the conclusion of the review, provide the Minister and the person or group that pres­ented the submission with a report setting out the Advocate’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to further the housing policy, including the progressive realization of the right to adequate housing, or the National Housing Strategy.

13.‍2 (1)If the Federal Housing Advocate, at any time, identifies a systemic housing issue that is within the jurisdiction of Parliament and that is not the subject of a submission, he or she may request that the National Housing Council establish a review panel to hold a hearing to review the issue.

(2)The Federal Housing Advocate must provide a review panel with a summary of the information that formed the Advocate’s basis for identifying the systemic housing issue.

(b)adding, after the section 16 that is set out in it, the following:

16.‍1The National Housing Council must establish a review panel if requested to do so by the Federal Housing Advocate.

16.‍2 (1)A review panel is to consist of three members of the National Housing Council, other than ex officio members, to be appointed by the National Housing Council.

(2)In appointing members to a review panel, the National Housing Council is to take into consideration the importance of representation on the review panel of

(a)persons who are members of vulnerable groups;

(b)persons with lived experience of housing need, as well as those with lived experience of homelessness; and

(c)persons who have expertise in human rights.

16.‍3A review panel must

(a)hold a hearing to review the systemic housing issue in respect of which it was established;

(b)hold the hearing in a manner that offers the public, particularly members of communities that are affected by the issue and groups that have expertise in human rights and housing, an opportunity to participate;

(c)prepare a report that sets out the panel’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to address the issue; and

(d)submit the report to the Minister.

16.‍4The Federal Housing Advocate is entitled to make representations and present proposals for recommendations to a review panel and may, for the purpose of doing so, work with communities that are affected by the issue that is before the review panel and with experts.

(c)adding, after the section 17 that is set out in it, the following:

17.‍1The Minister must respond to each report provided by the Federal Housing Advocate under paragraph 13(h) and subsection 13.‍1(4) within 120 days after the day on which it is received.

17.‍2 (1)The Minister must respond to a report submitted by a review panel under paragraph 16.‍3(d) within 120 days after the day on which it is received.

(2)The Minister must cause the response to be laid before each House of Parliament on any of the first 30 days after the day on which it is provided to the review panel or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.

SUMMARY

Part 1 implements certain income tax and related measures by

(a)providing a temporary enhanced first-year capital cost allowance rate of 100% in respect of eligible zero-emission vehicles;

(b)removing the requirement that property be of “national importance” in order to qualify for the enhanced tax incentives for donations of cultural property;

(c)providing a temporary enhanced first-year capital cost allowance rate in respect of a wide range of depreciable capital properties, including a temporary first-year capital cost allowance rate of 100% in respect of

(i)machinery and equipment used for the manufacturing or processing of goods, and

(ii)specified clean energy equipment;

(d)ensuring that social assistance payments under certain programs are non-taxable, are not included in income for the purposes of determining entitlement to income-tested benefits and credits and do not preclude an individual from being considered a “parent” for the purposes of the Canada Workers Benefit;

(e)repealing the use of taxable income as a factor in determining a Canadian-controlled private corporation’s annual expenditure limit for the purpose of the enhanced scientific research and experimental development tax credit;

(f)providing support for Canadian journalism;

(g)introducing the Canada Training Credit;

(h)amending the Income Tax Act to reflect the current regulations for accessing cannabis for medical purposes;

(i)eliminating the requirement that sales be to a farming or fishing cooperative corporation in order to be excluded from specified corporate income for the purposes of the small business deduction;

(j)extending the mineral exploration tax credit for an additional five years;

(k)ensuring that business income of a communal organization retains its character when it is allocated to members of the communal organization for tax purposes;

(l)increasing the withdrawal limit under the Home Buyers’ Plan and amending how it applies on the breakdown of a marriage or common-law partnership;

(m)extending joint and several liability for tax owing on income from carrying on business in a TFSA to the TFSA’s holder and limiting the TFSA issuer’s liability for such tax;

(n)supporting employees who must reimburse a salary overpayment to their employer due to a system, administrative or clerical error;

(o)expanding tax support for electric vehicle charging stations and electrical energy storage equipment;

(p)allowing joint projects of producers from Canada and Belgium to qualify for the Canadian film or video production tax credit; and

(q)ensuring appropriate pension adjustment calculations in 2019 and subsequent tax years for registered pension plans that reference the enhanced Canada Pension Plan.

Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 19, 2019 budget

(a)to provide GST/HST relief in the health care sector by relieving the GST/HST on supplies and importations of human ova and importations of in vitro embryos, by adding licenced podiatrists and chiropodists to the list of practitioners on whose order supplies of foot care devices are zero-rated and by exempting from the GST/HST certain health care services rendered by a multidisciplinary team of licenced health care professionals; and

(b)by introducing amendments to ensure that the GST/HST treatment of expenses incurred in respect of zero-emission passenger vehicles parallels the income tax treatment of those vehicles.

Part 3 implements certain excise measures proposed in the March 19, 2019 budget by changing the federal excise duty rates on cannabis products that are edible cannabis, cannabis extracts (including cannabis oils) and cannabis topicals to $0.‍0025 per milligram of total tetrahydrocannabinol contained in the cannabis product.

Part 4 enacts and amends several Acts in order to implement various measures.

Subdivision A of Division 1 of Part 4 amends the Bank Act to, among other things, provide members of federal credit unions with different methods of voting prior to meetings and provide additional exceptions to the requirement that a proxy circular be sent in order to solicit proxies. The Subdivision also makes a technical amendment to An Act to amend certain Acts in relation to financial institutions.

Subdivision B of Division 1 of Part 4 amends the Canadian Payments Act to allow the term of the elected directors of the Board of Directors of the Canadian Payments Association to be renewed twice, to extend the term of the Chairperson and Deputy Chairperson of that Board and to allow the remuneration of certain members of the Stakeholder Advisory Council.

Subdivision A of Division 2 of Part 4 amends the Canada Business Corporations Act to require a corporation, on request by an investigative body that has reasonable grounds to suspect that certain offences have been committed, to provide to the investigative body a copy of its register of individuals with significant control or information in that registry that is specified by the investigative body. It also requires those investigative bodies to keep certain records in relation to their requests and to report annually in respect of those requests.

Subdivision B of Division 2 of Part 4 amends the Criminal Code to add the element of recklessness to the offence of laundering proceeds of crime.

Subdivision C of Division 2 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,

(a)allow the Governor in Council to make regulations defining “virtual currency” and “dealing in virtual currencies”;

(b)require the Financial Transactions and Reports Analysis Centre of Canada (“the Centre”) to disclose information to the Agence du Revenu du Québec and the Competition Bureau in certain circumstances;

(c)allow the Centre to disclose additional designated information that is associated with the import and export of currency and monetary instruments;

(d)provide that certain information must not be the subject of a confidentiality order made in the course of an appeal to the Federal Court; and

(e)require the Centre to make public certain information if a person or entity is deemed to have committed a violation or is served a notice of a decision of the Director indicating that a person or entity has committed a violation.

Subdivision D of Division 2 of Part 4 amends the Seized Property Management Act to authorize the Minister to, among other things,

(a)provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of certain property;

(b)manage property seized, restrained or forfeited under any Act of Parliament or of the legislature of a province; and

(c)dispose of property when it is forfeited to Her Majesty in right of Canada and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province, and share the proceeds.

The Subdivision also makes consequential amendments to the Criminal Code, the Crimes Against Humanity and War Crimes Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Division 3 of Part 4 amends the Employment Equity Act to require federally regulated private-sector employers to report salary information that supports employment equity reporting beyond salary ranges, including making wage gap information by occupational groups more evident.

Division 4 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund for climate action support and in relation to infrastructure as well as to the Federation of Canadian Municipalities and to the Shock Trauma Air Rescue Service.

Division 5 of Part 4 amends the Bankruptcy and Insolvency Act to, among other things,

(a)require all parties in a proceeding under the Act to act in good faith; and

(b)allow the court to inquire into certain payments made to, among other persons, directors or officers of a corporation in the year preceding insolvency and imposes liability on the directors for those payments.

The Division amends the Companies’ Creditors Arrangement Act to, among other things,

(a)limit the relief provided in an order made under section 11 to what is reasonably necessary and limit the period staying all proceedings that might be taken in respect of the company to 10 days;

(b)allow the court to make an order to disclose an economic interest in respect of a debtor company; and

(c)require all parties in a proceeding under the Act to act in good faith.

The Division also amends the Canada Business Corporations Act to, among other things,

(a)set out factors that directors and officers of a corporation may consider when acting with a view to the best interests of that corporation; and

(b)require directors of certain corporations to disclose certain information to shareholders respecting diversity, well-being and remuneration.

Finally, the Division amends the Pension Benefits Standards Act, 1985 to clarify that a pension plan is not to provide that, among other things, a member’s pension benefit or entitlement to a pension benefit is affected when a plan terminates. It also authorizes a pension plan administrator to purchase an immediate or deferred life annuity for former members or survivors in order to satisfy an obligation under the plan to provide a pension benefit arising from a defined benefit provision.

Division 6 of Part 4 amends the Canada Pension Plan to authorize the Minister of Employment and Social Development to waive the requirement for an application for a retirement pension in certain cases.

Division 7 of Part 4 amends the Old Age Security Act to provide, starting in July 2020, a new income exemption for the purposes of calculating the Guaranteed Income Supplement. The new exemption excludes the first $5,000 of a person’s employment and self-employment income as well as 50% of their employment and self-employment income greater than $5,000 but not exceeding $15,000.

Division 8 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to increase the surplus limit that applies to the Canadian Forces Pension Fund, the Public Service Pension Fund and the Royal Canadian Mounted Police Pension Fund, respectively, to 25% of the amount of liabilities.

Subdivision A of Division 9 of Part 4 amends the Bankruptcy and Insolvency Act to permit trustee licensing fees to be paid on a date to be prescribed by regulation and to permit trustees to maintain electronic records instead of retaining original documents.

Subdivision B of Division 9 of Part 4 amends the Electricity and Gas Inspection Act to allow for the addition, by regulation, of units of measurement for electricity and gas sales and distribution.

Subdivision C of Division 9 of Part 4 amends the Food and Drugs Act to improve safety and enable innovation by introducing measures to, among other things,

(a)allow the Minister of Health to classify certain products exclusively as foods, drugs, cosmetics or devices;

(b)provide oversight over the conduct of clinical trials for drugs, devices and certain foods for special dietary purposes;

(c)provide a regulatory framework for advanced therapeutic products; and

(d)modernize inspection powers.

Subdivision D of Division 9 of Part 4 amends the Importation of Intoxicating Liquors Act to limit the application of the Act to intoxicating liquors imported into Canada.

Subdivision E of Division 9 of Part 4 amends the Precious Metals Marking Act to provide that exemptions made by regulation can be either conditional or unconditional.

Subdivision F of Division 9 of Part 4 amends the Textile Labelling Act to provide that exemptions made by regulation can be either conditional or unconditional.

Subdivision G of Division 9 of Part 4 amends the Weights and Measures Act to authorize, by regulation, the use of new units of measurement and to update the definitions of the basic units of measurement in accordance with international standards.

Subdivision H of Division 9 of Part 4 amends the Hazardous Materials Information Review Act to streamline the process for reviewing claims for exemption, to allow for the suspension and cancellation of exemptions and to harmonize the provisions of the Act that allow for the disclosure of confidential business information with similar provisions in other Department of Health Acts.

Subdivision I of Division 9 of Part 4 amends the Canada Transportation Act to authorize the electronic administration and enforcement of Acts under the Minister of Transport’s authority and to promote innovation in transportation by authorizing the granting of exemptions for the purpose of research, development and testing.

Subdivision J of Division 9 of Part 4 amends the Pest Control Products Act to, among other things, allow the Minister of Health to

(a)expand the scope of a re-evaluation of, or a special review in relation to, a pest control product rather than initiating a new special review; and

(b)decide not to initiate a special review if the aspect of a pest control product that would otherwise prompt such a review is being, or has been, addressed in a re-evaluation or another special review.

Subdivision K of Division 9 of Part 4 repeals the provisions of the Quarantine Act that relate to the laying of proposed regulations before Parliament.

Subdivision L of Division 9 of Part 4 repeals the provisions of the Human Pathogens and Toxins Act that relate to the laying of proposed regulations before Parliament.

Division 10 of Part 4 amends the Royal Canadian Mounted Police Act to establish the Management Advisory Board, which is to provide advice to the Commissioner of the Royal Canadian Mounted Police on the administration and management of that police force.

Division 11 of Part 4 amends the Pilotage Act to, among other things,

(a)set out a clear purpose and principles for that Act;

(b)transfer the responsibility for making regulations from the Pilotage Authorities, with the approval of the Governor in Council, to the Governor in Council, on the recommendation of the Minister of Transport;

(c)transfer responsibility for enforcing that Act and issuing and charging for licences and certificates from the Pilotage Authorities to the Minister of Transport;

(d)set out an enforcement regime that is consistent with other Department of Transport Acts;

(e)provide that regulatory matters for the safe provision of compulsory pilotage services not be addressed in service contracts between the Pilotage Authorities and pilot corporations;

(f)allow the Pilotage Authorities to impose charges other than by making regulations;

(g)require that service contracts between pilot corporations and the Pilotage Authorities be publicly available; and

(h)prohibit pilots, or users or suppliers of pilotage services, from sitting on the board of directors of a Pilotage Authority.

The Division also makes consequential amendments to the Arctic Waters Pollution Prevention Act and the Transportation Appeal Tribunal of Canada Act.

Division 12 of Part 4 enacts the Security Screening Services Commercialization Act. That Act, among other things,

(a)authorizes the Governor in Council to designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority, which is to be solely responsible for providing aviation security screening services;

(b)authorizes the Canadian Air Transport Security Authority to sell or otherwise dispose of its assets and liabilities to the designated screening authority;

(c)regulates the establishment, imposition and collection of charges related to the provision of aviation security screening services; and

(d)provides for the dissolution of the Canadian Air Transport Security Authority.

The Division also makes consequential amendments to other Acts.

Division 13 of Part 4 amends the Aviation Industry Indemnity Act to authorize the Minister of Transport to undertake to indemnify

(a)NAV CANADA for acts or omissions it commits in accordance with an instruction given under an agreement entered into between NAV CANADA and Her Majesty respecting the provision of air navigation services to the Department of National Defence; and

(b)any beneficiary under an insurance policy held by an aviation industry participant.

Division 14 of Part 4 amends the Transportation Appeal Tribunal of Canada Act to clarify that the Transportation Appeal Tribunal of Canada has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under the Marine Liability Act.

Division 15 of Part 4 enacts the College of Immigration and Citizenship Consultants Act. That Act creates a new self-regulatory regime governing immigration and citizenship consultants. It provides that the purpose of the College of Immigration and Citizenship Consultants is to regulate immigration and citizenship consultants in the public interest and protect the public. That Act, among other things,

(a)creates a licensing regime for immigration and citizenship consultants and requires that licensees comply with a code of professional conduct, initially established by the responsible Minister;

(b)authorizes the College’s Complaints Committee to conduct investigations into a licensee’s conduct and activities;

(c)authorizes the College’s Discipline Committee to take or require action if it determines that a licensee has committed professional misconduct or was incompetent;

(d)prohibits persons who are not licensees from using certain titles and representing themselves to be licensees and provides that the College may seek an injunction for the contravention of those prohibitions;

(e)provides the responsible Minister with the authority to determine the number of directors on the board of directors and to require the Board to do anything that is advisable to carry out the purposes of that Act; and

(f)contains transitional provisions allowing the existing regulator — the Immigration Consultants of Canada Regulatory Council — to be continued as the College of Immigration and Citizenship Consultants or, if the existing regulator is not continued, allowing the establishment of the College of Immigration and Citizenship Consultants, a new corporation without share capital.

The Division also makes related amendments to the Citizenship Act and the Immigration and Refugee Protection Act to double the existing maximum fines applicable to the offence of contravening section 21.‍1 of the Citizenship Act or section 91 of the Immigration and Refugee Protection Act.

In addition, it amends those Acts to provide the authority to make regulations establishing a system of administrative penalties and consequences, including of administrative monetary penalties, applicable to certain violations by persons who provide representation or advice for consideration — or offer to do so — in immigration or citizenship matters.

Finally, the Division makes consequential amendments to the Access to Information Act and the Privacy Act.

Division 16 of Part 4 amends the Immigration and Refugee Protection Act to

(a)introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country;

(b)provide that if the Federal Court refuses a person’s application for leave to commence an application for judicial review, or denies their application for judicial review, with respect to their claim for refugee protection or their application for protection, the date of that refusal or denial is the first day of the period that must pass before a request or application referred to in section 24, 25 or 112 of that Act may be made; and

(c)authorize the Governor in Council to make an order regarding the processing of applications for temporary resident visas, work permits and study permits made by citizens or nationals of a foreign state or territory if the Governor in Council is of the opinion that the government or competent authority of that state or territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that state or territory who are in Canada.

Division 17 of Part 4 amends the Federal Courts Act to increase the number of Federal Court judges.

Division 18 of Part 4 amends the National Housing Act to allow the Canada Mortgage and Housing Corporation to acquire an interest or right in a housing project that is occupied or intended to be occupied by the owner of the project and to make an investment in order to acquire such an interest or right.

Division 19 of Part 4 enacts the National Housing Strategy Act. That Act provides for, among other things, the development and maintenance of a national housing strategy and imposes requirements related to the mandatory content of the strategy. It also establishes a National Housing Council and requires the appointment of a Federal Housing Advocate. Finally, it requires the submission of an annual report by the Advocate on systemic housing issues and the submission of periodic reports by the designated Minister on the implementation of the strategy and the achievement of desired housing outcomes.

Division 20 of Part 4 enacts the Poverty Reduction Act, which provides for an official metric and other metrics to measure the level of poverty in Canada, sets out two poverty reduction targets in Canada and establishes the National Advisory Council on Poverty.

Division 21 of Part 4 amends the Veterans Well-being Act to expand the eligibility criteria for the education and training benefit in order to make members of the Supplementary Reserve eligible for that benefit.

Division 22 of Part 4 amends the Canada Student Loans Act and the Canada Student Financial Assistance Act to extend the interest-free period on student loans by six months and to provide for transitional measures in respect of individuals to whom student loans were made and who ceased to be students at any time during the six months before the amendments come into force.

Division 23 of Part 4 amends the Canada National Parks Act to establish Thaidene Nene National Park Reserve of Canada and to decrease the hectarage of certain ski areas.

Division 24 of Part 4 amends the Parks Canada Agency Act to provide that, starting on April 1, 2021, any balance of money appropriated to the Parks Canada Agency that is not spent by the Agency in the fiscal year in which it was appropriated lapses at the end of that fiscal year.

Subdivision A of Division 25 of Part 4 enacts the Department of Indigenous Services Act, which establishes the Department of Indigenous Services and confers on the Minister of Indigenous Services various responsibilities relating to the provision of services to Indigenous individuals eligible to receive those services.

Subdivision B of Division 25 of Part 4 enacts the Department of Crown-Indigenous Relations and Northern Affairs Act, which establishes the Department of Crown-Indigenous Relations and Northern Affairs, confers on the Minister of Crown-Indigenous Relations various responsibilities relating to relations with Indigenous peoples and confers on the Minister of Northern Affairs various responsibilities relating to the administration of Northern affairs.

Subdivision C of Division 25 of Part 4 makes amendments to other Acts and repeals the Department of Indian Affairs and Northern Development Act.

Subdivision D of Division 25 of Part 4 makes amendments to the First Nations Land Management Act, the First Nations Oil and Gas and Moneys Management Act and the Addition of Lands to Reserves and Reserve Creation Act.

Division 26 of Part 4 enacts the Federal Prompt Payment for Construction Work Act in order to establish a regime to provide prompt payments to contractors and subcontractors for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables and a regime to resolve disputes over the non-payment of that construction work.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
Short Title
1

Budget Implementation Act, 2019, No. 1

PART 1
Income Tax Act and Other Legislation
2
PART 2
GST/HST Measures
70
PART 3
Excise Act, 2001
81
PART 4
Various Measures
DIVISION 1
Financial Sector
87
DIVISION 2
Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime
98
DIVISION 3
Employment Equity Act
127
Division 4
Payments
129
DIVISION 5
Enhancing Retirement Security
133
DIVISION 6
Canada Pension Plan
153
DIVISION 7
Old Age Security Act
156
DIVISION 8
Non-permitted Surplus
157
DIVISION 9
Regulatory Modernization
160
DIVISION 10
Royal Canadian Mounted Police Act
222
Division 11
Pilotage Act
225
DIVISION 12
Security Screening Services Commercialization
270

Enactment of Act

An Act respecting the commercialization of security screening services
Short Title
1

Security Screening Services Commercialization Act

Interpretation and Application
2

Definitions

3

Publishing

4

Aeronautics Act

5

Exception

Her Majesty
6

Binding on Her Majesty

Designated Screening Authority
7

Designation

8

Not an Agent of Her Majesty

9

Head office

10

Official Languages Act

11

Canada’s international obligations

12

Amendment of articles of incorporation

13

Financial statements

14

Information respecting charges

15

Service standards

Powers of Minister
16

Directions

17

Confidential information

Security Screening Services
18

Obligation

19

Provision of space

20

Agreement

21

Screening contractor

22

Criteria

23

Prohibition

Charges
Imposition and Establishment
24

Imposition of charges

25

Establish, revise or terminate charges

26

Charging principles

27

Increase — Consumer Price Index

28

Minister’s approval of charges

29

Notice of proposal

30

Withdrawal of proposal

Notice of Objection
31

Notice of objection — paragraph 24(1)‍(a)

32

Determination by Agency

General Provisions
33

Confidential information

34

No mediation

35

Determination final

36

No policy directions issued to Agency

Collection and Remittance
37

Duty to collect

38

Duty to remit

39

Charge revised after paid

40

Refund

Seizure and Detention of Aircraft
41

Seizure and detention of aircraft

42

Exempt aircraft

Enforcement
43

Court order — section 12

44

Court order — direction

45

Court order — subsection 18(1)

46

Offence — section 23

47

Offence — direction

48

Due diligence

49

Imprisonment precluded

Regulations
50

Governor in Council

Five-year Review
51

Review of Act

Transitional Provisions
52

Sale or disposition of assets and liabilities

53

Directives

54

Proceeds of disposition

55

Financial Administration Act

56

Part X of Financial Administration Act

57

Canadian Air Transport Security Authority Act

58

Regulations and places designated

59

Transition period payments

60

Minister’s approval of initial charges

61

Closing out of affairs

62

Repeal

63

Dissolution

DIVISION 13
Aviation Industry Indemnity Act
280
DIVISION 14
Transportation Appeal Tribunal of Canada Act
290
DIVISION 15
Immigration and Citizenship Representation or Advice
291
292

Enactment of Act

An Act respecting the College of Immigration and Citizenship Consultants
Short Title
1

College of Immigration and Citizenship Consultants Act

Interpretation and Application
2

Definitions

3

Designation of Minister

Organization
College
4

Purpose

5

Head office

6

Capacity

7

Status

8

Canada Not-for-profit Corporations Act

9

Official Languages Act

10

Members

11

Annual general meeting

12

Notice

13

Compensation fund

14

Public records

15

Annual report

Board of Directors
16

Duties and powers of Board

17

Composition

18

Mailing address

19

Term

20

Ineligibility

21

Validity of acts of directors and officers

22

Removal — appointed directors

23

Ceases to be director

24

Remuneration and expenses

25

Chairperson

26

Meetings

27

Validity of signed resolutions

28

Chief Executive Officer

Committees
29

Complaints Committee and Discipline Committee

Registrar
30

Appointment

31

Register available to public

32

Notice to Minister

33

Licence

34

Surrender of licence

35

Powers of Registrar — verification

36

Privileged information

37

Referral to Complaints Committee

38

Decision of Registrar

39

Compliance with decision

40

Notice to licensees — revocation or suspension

41

Delegation

Licensees
42

Professional liability insurance

Professional Conduct
43

Code of professional conduct

44

Standards of professional conduct and competence

Complaints
45

Complaint to the College

46

Referral to Complaints Committee

47

Referral to another body

48

Consideration and investigation of complaints

49

Jurisdiction — former licensees

Investigations
50

Investigator

51

Power to require information and documents

52

Warrant to enter dwelling-house

53

Use of force

54

Privileged information

55

Obstruction and false statements

Immunity
56

Immunity — civil liability

Decision of Complaints Committee
57

Referral to Discipline Committee

Disciplinary Proceedings
58

Complaints referred by Complaints Committee

59

Rules of procedure

60

Panel of Discipline Committee

61

Parties

62

Right of parties to make submissions

63

Submissions — other persons

64

Public hearings

65

Jurisdiction — former licensees

66

Powers of Discipline Committee

67

Privileged information

68

Powers before decision

69

Decision on complaint

70

Compliance with decision

Judicial Review
71

Respondent — College

72

Non-application of certain Acts

73

Minister — judicial review

Powers of Minister
74

Powers of Minister

75

Person acting for Board

76

Observer

Prohibition and Injunction
77

Unauthorized practice

78

Injunction

Offences and Punishment
79

Offences and punishment

By-laws and Regulations
80

By-laws

81

Regulations — Governor in Council

82

Regulations prevail

Transitional Provisions
83

Definitions

84

Application for continuance

85

Applicable provisions if Council continued

86

Establishment of College

87

Applicable provisions if College established

88

Regulations

DIVISION 16
Immigration and Refugee Protection Act
301
DIVISION 17
Federal Courts Act
311
DIVISION 18
National Housing Act
312
DIVISION 19
National Housing Strategy Act
313

Enactment of Act

An Act respecting a national housing strategy
Short Title
1

National Housing Strategy Act

Interpretation
2

Definition of Minister

Designation of Minister
3

Order

Housing Policy Declaration
4

Declaration

National Housing Strategy
5

Development and maintenance

National Housing Council
6

Duties and functions

7

Ex officio members

8

Appointment of other members

9

Ex officio co-chairperson

10

Alternate ex officio co-chairperson

11

Meetings

12

Administrative support

Federal Housing Advocate
13

Duties and functions

13.‍1

Submissions – power to review issues

13.‍2

Power to request establishment of review panel

14

Appointment

15

Administrative support

16

Annual report

Review Panels
16.‍1

Obligation to establish review panel

16.‍2

Membership

16.‍3

Duties

16.‍4

Representations

Accountability
17

Minister’s response

17.‍1

Minister’s response to Advocate’s reports

17.‍2

Minister’s response to review panel reports

18

Triennial report

DIVISION 20
Poverty Reduction Act
315

Enactment of Act

An Act respecting the reduction of poverty
Short Title
1

Poverty Reduction Act

Interpretation
2

Definitions

Purpose
3

Purpose

Designation of Minister
4

Order in council

Poverty Reduction Strategy
5

Strategy development and implementation

Targets
6

Poverty reduction targets

Official Poverty Line and Other Metrics
7

Official metric

8

Other metrics

National Advisory Council on Poverty
9

Establishment

10

Functions

11

Dissolution of Council

Tabling of Report in Parliament
12

Minister’s duty

DIVISION 21
Veterans Well-being Act
318
DIVISION 22
Student Loans
323
DIVISION 23
Canada National Parks Act
328
DIVISION 24
Parks Canada Agency Act
334
DIVISION 25
Various Measures Related to Indigenous Matters
336

Enactment of Act

An Act respecting the Department of Indigenous Services
Short Title
1

Department of Indigenous Services Act

Interpretation
2

Definitions

Establishment of Department
3

Department established

4

Minister

5

Deputy Minister

Powers, Duties and Functions of Minister
6

Powers, duties and functions

7

Collaboration and transfer of responsibilities

8

Limitations

9

Agreements

10

Special representatives

11

Provision of services between departments

12

Collection and use of information

13

Support for Indigenous bodies

14

Delegation

15

Annual report to Parliament

337

Enactment of Act

An Act respecting the Department of Crown-Indigenous Relations and Northern Affairs Act
Short Title
1

Department of Crown-Indigenous Relations and Northern Affairs Act

Interpretation
2

Definitions

Department of Crown-Indigenous Relations and Northern Affairs
Establishment of Department
3

Department established

4

Minister

5

Deputy Minister

Powers, Duties and Functions of Minister
6

Powers, duties and functions

7

Responsibilities

8

Provision of services between departments

9

Delegation

10

Annual report to Parliament

Minister of Northern Affairs
11

Appointment

12

Deputy Minister of Northern Affairs

13

Powers, duties and functions

14

Coordination, policies and scientific research

15

Administration of lands — Nunavut

16

Use of departmental services and facilities

17

Transfer of responsibility

18

Delegation

Provisions Applicable to Both Ministers
19

Special representatives

20

Collection and use of information

DIVISION 26
Prompt Payment for Construction Work
387

Enactment of Act

An Act to establish a regime for prompt payment for construction work performed for the purposes of a contruction project in respect of federal real property or federal immovables
Short Title
1

Federal Prompt Payment for Construction Work Act

Interpretation
2

Definitions

Designation
3

Minister

Purpose of Act
4

Purpose

Application of Act
5

Application

6

Designation of province

7

Exemption

8

Duty to inform potential contractor

Payments Between Parties
Her Majesty or Service Provider to Contractor
9

Submission of proper invoice

Contractor to Subcontractor
10

Duty to pay

Subcontractor to Subcontractor
11

Duty to pay

Holdback
12

Payment subject to holdback

Non-payment
13

Notice of non-payment

14

Interest on unpaid amounts

Dispute Resolution
15

Designation

16

Adjudication

17

Joint appointment

18

Determination

19

Compliance with determination

20

Costs, fees and expenses

21

No summons

General Provisions
22

Regulations — Minister

23

Regulations — Governor in Council

24

Section 126 of Criminal Code

Transitional Provision
25

Non-application for one year

SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4


64-65-66-67-68 Elizabeth II

CHAPTER 29

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures

[Assented to 21st June, 2019]

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, 2019, No. 1.

PART 1
Income Tax Act and Other Legislation

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

2(1)Subsection 13(7) of the Income Tax Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):

  • (i)if the cost to a taxpayer of a zero-emission passenger vehicle exceeds the prescribed amount,

    • (i)the capital cost to the taxpayer of the vehicle is deemed to be equal to the prescribed amount, and

    • (ii)for the purposes of paragraph (a) of the description of F in the definition undepreciated capital cost in subsection (21), the proceeds of disposition of the vehicle are deemed to be the amount determined by the formula

      A × B/C
      where

      A
      is the amount that would, in the absence of this subparagraph, be the proceeds of disposition of the vehicle,

      B
      is

      (A)if the vehicle is disposed of to a person or partnership with which the taxpayer deals at arm’s length, the capital cost to the taxpayer of the vehicle, and

      (B)in any other case, the cost to the taxpayer of the vehicle, and

      C
      is the cost to the taxpayer of the vehicle.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

3(1)The portion of subsection 20(4) of the Act before paragraph (a) is replaced by the following:

Bad debts — dispositions of depreciable property

(4)If an amount that is owing to a taxpayer as or on account of the proceeds of disposition of depreciable property (other than a timber resource property, a passenger vehicle to which paragraph 13(7)‍(g) applies or a zero-emission passenger vehicle to which paragraph 13(7)‍(i) applies) of the taxpayer of a prescribed class is established by the taxpayer to have become a bad debt in a taxation year, there may be deducted in computing the taxpayer’s income for the year the lesser of

(2)Section 20 of the Act is amended by adding the following after subsection (4.‍1):

Bad debts — zero-emission passenger vehicles

(4.‍11)If an amount that is owing to a taxpayer as or on account of the proceeds of disposition of a zero-emission passenger vehicle of the taxpayer to which paragraph 13(7)‍(i) applies is established by the taxpayer to have become a bad debt in a taxation year, there may be deducted in computing the taxpayer’s income for the year the lesser of

  • (a)the amount that would be determined by the formula in subparagraph 13(7)‍(i)‍(ii) in respect of the disposition if the amount determined for A in the formula were the amount owing to the taxpayer, and

  • (b)the amount determined by the formula

    A – B
    where

    A
    is the capital cost to the taxpayer of the vehicle, and

    B
    is the amount that would be determined by the formula in subparagraph 13(7)‍(i)‍(ii) in respect of the disposition if the amount determined for A in the formula were the total amount, if any, realized by the taxpayer on account of the proceeds of disposition.

(3)Subsections (1) and (2) are deemed to have come into force on March 19, 2019.

4(1)The portion of subparagraph 39(1)‍(a)‍(i.‍1) of the Act before clause (A) is replaced by the following:

  • (i.‍1)an object that the Canadian Cultural Property Export Review Board has determined meets the criterion set out in paragraph 29(3)‍(b) of the Cultural Property Export and Import Act if

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

5(1)Subsection 66.‍2(2) 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)the amount determined by the formula

    A(B − C)
    where

    A
    is

    (i)for taxation years that end before 2024, 15%,

    (ii)for taxation years that begin before 2024 and end after 2023, the amount determined by the formula

    0.‍15(I/J) + 0.‍075(K/J)
    where

    I
    is the total of all accelerated Canadian development expenses incurred by the taxpayer before 2024 and in the taxation year,

    J
    is the total of all accelerated Canadian development expenses incurred by the taxpayer in the taxation year, and

    K
    is the total of all accelerated Canadian development expenses incurred by the taxpayer after 2023 and in the taxation year, and

    (iii)for taxation years that begin after 2023, 7.‍5%,

    B
    is the total of all accelerated Canadian development expenses incurred by the taxpayer in the taxation year, and

    C
    is the amount determined by the formula

    (D − E) − (F − G − H)
    where

    D
    is the total of the amounts determined for E to O in the definition cumulative Canadian development expense in subsection (5) at the end of the taxation year,

    E
    is the total of the amounts determined for E to O in the definition cumulative Canadian development expense in subsection (5) at the beginning of the taxation year,

    F
    is the total of the amounts determined for A to D.‍1 in the definition cumulative Canadian development expense in subsection (5) at the end of the taxation year,

    G
    is the total of the amounts determined for A to D.‍1 in the definition cumulative Canadian development expense in subsection (5) at the end of the preceding taxation year, and

    H
    is the amount determined for B.

(2)Subsection 66.‍2(5) of the Act is amended by adding the following in alphabetical order:

accelerated Canadian development expense, of a taxpayer, means any cost or expense incurred by the taxpayer during a taxation year if the cost or expense

  • (a)qualifies as a Canadian development expense at the time it is incurred, other than

    • (i)an expense in respect of which the taxpayer is a successor, within the meaning of subsection 66.‍7(4), and

    • (ii)a cost in respect of a Canadian resource property acquired by the taxpayer, or a partnership in which the taxpayer is a member, from a person or partnership with which the taxpayer does not deal at arm’s length,

  • (b)is incurred after November 20, 2018 and before 2028, other than expenses deemed to have been incurred on December 31, 2027 because of subsection 66(12.‍66), and

  • (c)if the Canadian development expense is deemed to be a Canadian development expense incurred by the taxpayer because of paragraph 66(12.‍63)‍(a), is an amount renounced under an agreement entered into after November 20, 2018; (frais d’aménagement au Canada accélérés)

6(1)Subsection 66.‍4(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)the amount determined by the formula

    A(B − C)
    where

    A
    is

    (i)for taxation years that end before 2024, 5%,

    (ii)for taxation years that begin before 2024 and end after 2023, the amount determined by the formula

    0.‍05(I/J) + 0.‍025(K/J)
    where

    I
    is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer before 2024 and in the taxation year,

    J
    is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer in the taxation year, and

    K
    is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer after 2023 and in the taxation year, and

    (iii)for taxation years that begin after 2023, 2.‍5%,

    B
    is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer in the taxation year, and

    C
    is the amount determined by the formula

    (D − E) − (F − G − H)
    where

    D
    is the total of the amounts determined for E to J in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the taxation year,

    E
    is the total of the amounts determined for E to J in the definition cumulative Canadian oil and gas property expense in subsection (5) at the beginning of the taxation year,

    F
    is the total of the amounts determined for A to D.‍1 in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the taxation year,

    G
    is the total of the amounts determined for A to D.‍1 in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the preceding taxation year, and

    H
    is the amount determined for B.

(2)Subsection 66.‍4(5) of the Act is amended by adding the following in alphabetical order:

accelerated Canadian oil and gas property expense, of a taxpayer, means any cost or expense incurred by the taxpayer during a taxation year, if the cost or expense

  • (a)qualifies as a Canadian oil and gas property expense at the time it is incurred, other than

    • (i)an expense in respect of which the taxpayer is a successor, within the meaning of subsection 66.‍7(5), and

    • (ii)a cost in respect of a Canadian resource property acquired by the taxpayer, or a partnership in which the taxpayer is a member, from a person or partnership with which the taxpayer does not deal at arm’s length, and

  • (b)is incurred after November 20, 2018 and before 2028; (frais à l’égard de biens canadiens relatifs au pétrole et au gaz accélérés)

7(1)The portion of section 67.‍2 of the Act before the formula is replaced by the following:

Interest on money borrowed for certain vehicles

67.‍2For the purposes of this Act, if an amount is paid or payable for a period by a person in respect of interest on borrowed money used to acquire a passenger vehicle or zero-emission passenger vehicle, or on an amount paid or payable for the acquisition of such a vehicle, then in computing the person’s income for a taxation year the amount of interest so paid or payable is deemed to be the lesser of the actual amount paid or payable and the amount determined by the formula

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

8(1)The Act is amended by adding the following after section 67.‍4:

More than one owner

67.‍41If a person owns a zero-emission passenger vehicle jointly with one or more other persons, any reference in paragraph 13(7)‍(i) to the prescribed amount and in section 67.‍2 to the amount of $250 or such other amount as may be prescribed is to be read as a reference to that proportion of each of those amounts that the fair market value of the first-mentioned person’s interest in the vehicle is of the fair market value of the interests in the vehicle of all those persons.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

9(1)Subsection 81(1) of the Act is amended by adding the following after paragraph (h):

  • Social assistance for informal care programs

    (h.‍1)if the taxpayer is an individual (other than a trust), a social assistance payment ordinarily made on the basis of a means, needs or income test provided for under a program of the Government of Canada or the government of a province, to the extent that it is received directly or indirectly by the taxpayer for the benefit of a particular individual, if

    • (i)payments to recipients under the program are made for the care and upbringing, on a temporary basis, of another individual in need of protection,

    • (ii)the particular individual is a child of the taxpayer because of paragraph 252(1)‍(b) (or would be a child of the taxpayer because of that paragraph if the taxpayer did not receive payments under the program), and

    • (iii)no special allowance under the Children’s Special Allowances Act is payable in respect of the particular individual for the period in respect of which the social assistance payment is made;

(2)Subsection (1) is deemed to have come into force on January 1, 2009.

10(1)Subsection 85(1) of the Act is amended by adding the following after paragraph (e.‍4):

  • (e.‍5)if the property is depreciable property of a prescribed class of the taxpayer that is a zero-emission passenger vehicle to which paragraph 13(7)‍(i) applies and the taxpayer and the corporation do not deal at arm’s length,

    • (i)the amount that the taxpayer and the corporation have agreed on in their election in respect of the vehicle is deemed to be an amount equal to the cost amount to the taxpayer of the vehicle immediately before the disposition, and

    • (ii)for the purposes of subsection 6(2), the cost to the corporation of the vehicle is deemed to be an amount equal to its fair market value immediately before the disposition;

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

11(1)Paragraph 87(2)‍(j.‍6) of the Act is replaced by the following:

  • Continuing corporation

    (j.‍6)for the purposes of paragraphs 12(1)‍(t) and (x), subsections 12(2.‍2) and 13(7.‍1), (7.‍4) and (24), paragraphs 13(27)‍(b) and (28)‍(c), subsections 13(29) and 18(9.‍1), paragraphs 20(1)‍(e), (e.‍1) and (hh), sections 20.‍1 and 32, paragraph 37(1)‍(c), subsection 39(13), subparagraphs 53(2)‍(c)‍(vi) and (h)‍(ii), paragraph 53(2)‍(s), subsections 53(2.‍1), 66(11.‍4), 66.‍7(11) and 127(10.‍2), section 139.‍1, subsection 152(4.‍3), the determination of D in the definition undepreciated capital cost in subsection 13(21) and the determination of L in the definition cumulative Canadian exploration expense in subsection 66.‍1(6), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation;

(2)Subsection 87(2) of the Act is amended by adding the following after paragraph (j.‍95):

  • Journalism organizations

    (j.‍96)for the purposes of section 125.‍6, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation;

(3)Paragraph 87(2)‍(oo) of the Act is repealed.

(4)Subsections (1) and (3) apply to taxation years that end after March 18, 2019.

(5)Subsection (2) is deemed to have come into force on January 1, 2019.

12(1)Paragraph 88(1)‍(e.‍8) of the Act is repealed.

(2)Subsection (1) applies to taxation years that end after March 18, 2019.

13(1)Paragraph 110.‍1(1)‍(c) of the Act is replaced by the following:

  • Gifts to institutions

    (c)the total of all amounts each of which is the eligible amount of a gift (other than a gift described in paragraph (d)) of an object that the Canadian Cultural Property Export Review Board has determined meets the criterion set out in paragraph 29(3)‍(b) of the Cultural Property Export and Import Act, which gift was made by the corporation in the year or in any of the five preceding taxation years to an institution or a public authority in Canada that was, at the time the gift was made, designated under subsection 32(2) of that Act either generally or for a specified purpose related to that object; and

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

14(1)The portion of subsection 117.‍1(1) of the Act before paragraph (a) is replaced by the following:

Annual adjustment

117.‍1(1)The amount of $1,000 referred to in the formula in paragraph 8(1)‍(s), each of the amounts expressed in dollars in subparagraph 6(1)‍(b)‍(v.‍1), subsection 117(2), the description of B in subsection 118(1), subsection 118(2), paragraph (a) of the description of B in subsection 118(10), subsection 118.‍01(2), the descriptions of C and F in subsection 118.‍2(1) and subsections 118.‍3(1), 122.‍5(3) and 122.‍51(1) and (2), the amount of $400,000 referred to in the formula in paragraph 110.‍6(2)‍(a), the amounts of $1,355 and $2,335 referred to in the description of A, and the amounts of $12,820 and $17,025 referred to in the description of B, in the formula in subsection 122.‍7(2), the amount of $700 referred to in the description of C, and the amounts of $24,111 and $36,483 referred to in the description of D, in the formula in subsection 122.‍7(3), the amount of $10,000 referred to in the description of B in the formula in subsection 122.‍91(2), and each of the amounts expressed in dollars in Part I.‍2 in relation to tax payable under this Part or Part I.‍2 for a taxation year shall be adjusted so that the amount to be used under those provisions for the year is the total of

(2)Subsection (1) applies to the 2020 and subsequent taxation years, except that the adjustment provided for in subsection 117.‍1(1) of the Act, as amended by subsection (1), does not apply for the 2020 taxation year in respect of the amount of $10,000.

15(1)The Act is amended by adding the following after section 118.‍01:

Definitions

118.‍02(1)The following definitions apply in this section.

digital news subscription, of an individual with a qualified Canadian journalism organization, means an agreement entered into between the individual and the qualified Canadian journalism organization, if

  • (a)the agreement entitles an individual to access content of the qualified Canadian journalism organization in digital form; and

  • (b)the qualified Canadian journalism organization is primarily engaged in the production of original written news content and is not engaged in a broadcasting undertaking as defined in subsection 2(1) of the Broadcasting Act. (abonnement aux nouvelles numériques)

qualifying subscription expense, for a taxation year, means the amount paid in the year for a digital news subscription of an individual with a qualified Canadian journalism organization and, for this purpose, if the digital news subscription provides access to content in non-digital form or content other than content of qualified Canadian journalism organizations, the amount considered to be paid for the digital news subscription shall not exceed

  • (a)the cost of a comparable digital news subscription with the qualified Canadian journalism organization that solely provides access to content of qualified Canadian journalism organizations in digital form; and

  • (b)if there is no such comparable digital news subscription, 1/2 of the amount actually paid. (dépense pour abonnement admissible)

Digital news subscription tax credit

(2)For the purpose of computing the tax payable under this Part by an individual for a taxation year that is before 2025, there may be deducted the amount determined by the formula

A × B
where

A
is the appropriate percentage for the year; and

B
is the lesser of

  • (a)$500, and

  • (b)the total of all amounts each of which is a qualifying subscription expense of the individual for the year.

Apportionment of credit

(3)If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying subscription expense, the total of all amounts so deductible shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals in respect of the qualifying subscription expense, if that individual were the only individual entitled to deduct an amount for the year under this section, and if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.

(2)Subsection (1) applies to the 2020 and subsequent taxation years.

16(1)Paragraph (a) of the definition total cultural gifts in subsection 118.‍1(1) of the Act is replaced by the following:

  • (a)of an object that the Canadian Cultural Property Export Review Board has determined meets the criterion set out in paragraph 29(3)‍(b) of the Cultural Property Export and Import Act,

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

17(1)Paragraph 118.‍2(2)‍(u) of the Act is replaced by the following:

  • (u)on behalf of the patient who is the holder of a medical document (as defined in subsection 264(1) of the Cannabis Regulations) to support their use of cannabis for medical purposes, for the cost of cannabis, cannabis oil, cannabis plant seeds or cannabis products purchased for medical purposes from a holder of a licence for sale (as defined in subsection 264(1) of the Cannabis Regulations).

(2)Subsection (1) is deemed to have come into force on October 17, 2018.

18(1)The portion of subsection 118.‍5(1) of the Act before paragraph (a) is replaced by the following:

Tuition credit

118.‍5(1)Subject to subsection (1.‍2), for the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted,

(2)Section 118.‍5 of the Act is amended by adding the following after subsection (1.‍1):

Canada training credit reduction

(1.‍2)The amount that may be deducted for a taxation year by an individual under subsection (1) is to be reduced by the amount determined by the formula

A × B
where

A
is the appropriate percentage for the taxation year; and

B
is the amount, if any, deemed to have been paid by the individual under subsection 122.‍91(1) in respect of the taxation year.

(3)Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

19(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, 118.‍02, 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) comes into force on January 1, 2020.

20(1)Section 122.‍7 of the Act is amended by adding the following after subsection (1.‍1):

Receipt of social assistance

(1.‍2)For the purposes of applying the definitions eligible dependant and eligible individual in subsection (1) for a taxation year, an individual shall not fail to qualify as a parent (within the meaning assigned by section 252) of another individual solely because of the receipt of a social assistance amount that is payable under a program of the Government of Canada or the government of a province for the benefit of the other individual, unless the amount is a special allowance under the Children’s Special Allowances Act in respect of the other individual in the taxation year.

(2)Subsection (1) is deemed to have come into force on January 1, 2009.

21(1)The Act is amended by adding the following after section 122.‍9:

Subdivision a.‍5
Canada Training Credit

Claimed amount

122.‍91(1)An individual who is resident in Canada throughout a taxation year, files a return of income for the taxation year and makes a claim under this subsection is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount claimed by the individual that does not exceed the lesser of

  • (a)the training amount limit of the individual for the taxation year, and

  • (b)50% of the amount that would be deductible under paragraph 118.‍5(1)‍(a) or (d) in computing the individual’s tax payable under this Part for the taxation year if

    • (i)this Act were read without reference to subsections 118.‍5(1.‍2) and (2), and

    • (ii)the appropriate percentage for the taxation year were 100%.

Training amount limit

(2)For the purposes of this section, the training amount limit of an individual for a taxation year is

  • (a)if the taxation year is after 2019 and the individual has attained the age of 26 years, and has not attained the age of 66 years, before the end of the taxation year, the lesser of

    • (i)the amount determined by the formula

      A + B − C
      where

      A
      is the individual’s training amount limit for the preceding taxation year,

      B
      is

      (A)$250, if

      (I)the individual has filed a return of income for the preceding taxation year,

      (II)the individual was resident in Canada throughout the preceding taxation year,

      (III)the total of the following amounts is greater than or equal to $10,000:

      1the amount that would be the individual’s working income (as defined in subsection 122.‍7(1)) for the preceding taxation year, if this Act were read without reference to paragraph 81(1)‍(a) and subsection 81(4),

      2the total of all amounts each of which is an amount payable to the individual under subsection 22(1), 23(1), 152.‍04(1) or 152.‍05(1) of the Employment Insurance Act in the preceding taxation year, and

      3the amount that would be included in the individual’s income because of subparagraph 56(1)‍(a)‍(vii) in computing the individual’s income for the preceding taxation year, if this Act were read without reference to paragraph 81(1)‍(a), and

      (IV)the individual’s income for the preceding taxation year under this Part does not exceed the higher dollar amount referred to in paragraph 117(2)‍(c), as adjusted under this Act for the preceding taxation year, and

      (B)nil, in any other case, and

      C
      is the amount deemed to have been paid by the individual under subsection (1) in respect of the preceding taxation year, and

    • (ii)the amount determined by the formula

      $5,000 − D
      where

      D
      is the total of all amounts deemed to have been paid by the individual under subsection (1) in respect of a preceding taxation year; and

  • (b)nil, in any other case.

Effect of bankruptcy

(3)For the purpose of this Subdivision, if an individual becomes bankrupt in a particular calendar year,

  • (a)notwithstanding subsection 128(2), any reference to the taxation year of the individual (other than in this subsection) is deemed to be a reference to the particular calendar year; and

  • (b)the individual’s working income and income under this Part for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and the income under this Part for the taxation year that begins on January 1 of the particular calendar year.

Special rules in the event of death

(4)For the purposes of this section, if an individual dies in a calendar year,

  • (a)the individual is deemed to be resident in Canada from the time of death until the end of the year;

  • (b)the individual is deemed to be the same age at the end of the year as the individual would have been if the individual were alive at the end of the year; and

  • (c)any return of income filed by a legal representative of the individual is deemed to be a return of income filed by the individual.

(2)Subsection (1) is deemed to have come into force on January 1, 2019.

22(1)The definition specified cooperative income in subsection 125(7) of the Act is repealed.

(2)The portion of subparagraph (a)‍(i) of the definition specified corporate income in subsection 125(7) of the Act before clause (A) is replaced by the following:

  • (i)the total of all amounts each of which is income (other than specified farming or fishing income of the corporation for the year) from an active business of the corporation for the year from the provision of services or property to a private corporation (directly or indirectly, in any manner whatever) if

(3)Subsection 125(7) of the Act is amended by adding the following in alphabetical order:

specified farming or fishing income, of a particular corporation for a taxation year, means income of the particular corporation (other than an amount included in the particular corporation’s income under subsection 135(7)), if

  • (a)the income is from the sale of the farming products or fishing catches of the particular corporation’s farming or fishing business to another corporation, and

  • (b)the particular corporation deals at arm’s length with the other corporation; (revenu d’agriculture ou de pêche déterminé)

(4)Subsections (1) to (3) apply to taxation years that begin after March 21, 2016. Any assessment of a taxpayer’s tax, interest and penalties payable under the Act for any taxation year that ends before March 19, 2019 that would, in the absence of this subsection, be precluded because of subsections 152(4) to (5) of the Act is, if requested by the taxpayer, to be made to the extent necessary to take into account subsections (1) to (3).

23(1)The Act is amended by adding the following after section 125.‍5:

Definitions

125.‍6(1)The following definitions apply in this section.

assistance means an amount, other than an amount deemed under subsection (2) to have been paid, that would be included under paragraph 12(1)‍(x) in computing the income of a taxpayer for any taxation year if that paragraph were read without reference to

  • (a)subparagraphs 12(1)‍(x)‍(v) to (viii), if the amount were received

    • (i)from a person or partnership described in subparagraph 12(1)‍(x)‍(ii), or

    • (ii)in circumstances where clause 12(1)‍(x)‍(i)‍(C) applies; and

  • (b)subparagraphs 12(1)‍(x)‍(v) to (vii), in any other case.‍ (montant d’aide)

eligible newsroom employee, in respect of a qualifying journalism organization in a taxation year, means an individual who

  • (a)is employed by the organization in the taxation year;

  • (b)works, on average, a minimum of 26 hours per week throughout the portion of the taxation year in which the individual is employed by the organization;

  • (c)at any time in the taxation year, has been, or is reasonably expected to be, employed by the organization for a minimum period of 40 consecutive weeks that includes that time;

  • (d)spends at least 75% of their time engaged in the production of news content, including by researching, collecting information, verifying facts, photographing, writing, editing, designing and otherwise preparing content; and

  • (e)meets any prescribed conditions. (employé de salle de presse admissible)

qualifying journalism organization, at any time, means a qualified Canadian journalism organization that meets the following conditions:

  • (a)it is primarily engaged in the production of original written news content;

  • (b)it does not carry on a broadcasting undertaking as defined in subsection 2(1) of the Broadcasting Act;

  • (c)it does not, in the taxation year in which the time occurs, receive an amount from the Aid to Publishers component of the Canada Periodical Fund; and

  • (d)if it is a corporation having share capital, it meets the conditions in subparagraph (e)‍(iii) of the definition Canadian newspaper in subsection 19(5). (organisation journalistique admissible)

qualifying labour expenditure, of a taxpayer for a taxation year in respect of an eligible newsroom employee, means the lesser of

  • (a)the amount determined by the formula

    $55,000 × A/365
    where

    A
    is the lesser of 365 and the number of days in the taxation year, and

  • (b)the amount determined by the formula

    A − B
    where

    A
    is the salary or wages payable by the taxpayer to the eligible newsroom employee in respect of the portion of the taxation year throughout which the taxpayer is a qualifying journalism organization, and

    B
    is the total of all amounts each of which is an amount of assistance that

    • (i)the taxpayer has received, is entitled to receive or can reasonably be expected to receive, in respect of amounts described in A, and

    • (ii)has not been repaid before the end of the year pursuant to a legal obligation to do so. (dépense de main-d’œuvre admissible)

Tax credit

(2)A taxpayer that is a qualifying journalism organization at any time in a taxation year and that files a prescribed form containing prescribed information with its return of income for the year is deemed to have, on its balance-due day for the year, paid on account of its tax payable under this Part for the year an amount determined by the formula

0.‍25(A)
where

A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the year in respect of an eligible newsroom employee.

When assistance received

(3)For the purposes of this Act other than this section, and for greater certainty, the amount that a qualifying journalism organization is deemed under subsection (2) to have paid for a taxation year is assistance received by it from a government immediately before the end of the year.

(2)Subsection (1) is deemed to have come into force on January 1, 2019. For greater certainty, it does not apply in respect of salary or wages that are in respect of a period before January 1, 2019.

24(1)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 2019 and before 2025 (including, for greater certainty, an expense that is deemed by subsection 66(12.‍66) to be incurred before 2025) 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),

(2)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 2019 and before April 2024, 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 2019 and before April 2024; (dépense minière déterminée)

(3)Subsection 127(10.‍2) of the Act is replaced by the following:

Expenditure limit

(10.‍2)For the purpose of subsection (10.‍1), a particular corporation’s expenditure limit for a particular taxation year is the amount determined by the formula

$3 million × ($40 million – A)/$40 million
where

A
is

(a)nil, if the following amount is less than or equal to $10 million:

(i)if the particular corporation is not associated with any other corporation in the particular taxation year, the amount that is its taxable capital employed in Canada (within the meaning assigned by section 181.‍2 or 181.‍3) for its immediately preceding taxation year, and

(ii)if the particular corporation is associated with one or more other corporations in the particular taxation year, the amount that is the total of all amounts, each of which is the taxable capital employed in Canada (within the meaning assigned by section 181.‍2 or 181.‍3) of the particular corporation for its, or of one of the other corporations for its, last taxation year that ended in the last calendar year that ended before the end of the particular taxation year, and

(b)in any other case, the lesser of $40 million and the amount by which the amount determined under subparagraph (a)‍(i) or (ii), as the case may be, exceeds $10 million.

(4)Subsection 127(10.‍6) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

(5)Subsections (1) and (2) apply in respect of expenses renounced under a flow-through share agreement entered into after March 2019.

(6)Subsections (3) and (4) apply to taxation years that end after March 18, 2019.

25(1)Subsection 143(2) 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)if the trust earns income from a business in the year, then the portion of the amount payable in the year to a particular participating member of the congregation out of the income of the trust under paragraph (a) that can reasonably be considered to relate to that income from a business is deemed to be income from a business carried on by the particular member.

(2)Subsection (1) applies to the 2014 and subsequent taxation years.

26(1)The portion of the definition premium in subsection 146(1) of the Act after paragraph (b) is replaced by the following:

but except for the purposes of paragraph (b) of the definition benefit in this subsection, paragraph (2)‍(b.‍3), subsection (22) and the definition excluded premium in subsection 146.‍02(1), does not include a repayment to which paragraph (b) or (d) of the definition excluded withdrawal in subsection 146.‍01(1), or paragraph (b) of the definition excluded withdrawal in subsection 146.‍02(1), applies or an amount that is designated under subsection 146.‍01(3) or 146.‍02(3); (prime)

(2)Subsection (1) applies in respect of repayments made after 2019.

27(1)The definition excluded withdrawal in subsection 146.‍01(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d)a particular amount (other than an eligible amount) received while the individual was resident in Canada and in a calendar year if

    • (i)the particular amount would be a regular eligible amount if subsection (2.‍1) were read without reference to its subparagraph (a)‍(iii),

    • (ii)a payment (other than an excluded premium) equal to the particular amount is made by the individual under a retirement saving plan that is, at the end of the taxation year of the payment, a registered retirement savings plan under which the individual is the annuitant, and

    • (iii)the payment is made before the end of the second calendar year after the calendar year that includes the particular time referred to in subsection (2.‍1); (retrait exclu)

(2)Paragraph (h) of the definition regular eligible amount in subsection 146.‍01(1) of the Act is replaced by the following:

  • (h)the total of the amount and all other eligible amounts received by the individual in the calendar year that includes the particular time does not exceed $35,000, and

(3)Paragraph (g) of the definition supplemental eligible amount in subsection 146.‍01(1) of the Act is replaced by the following:

  • (g)the total of the amount and all other eligible amounts received by the individual in the calendar year that includes the particular time does not exceed $35,000, and

(4)Section 146.‍01 of the Act is amended by adding the following after subsection (2):

Marriage or common-law partnership

(2.‍1)Notwithstanding paragraph (2)‍(a.‍1), for the purposes of the definition regular eligible amount,

  • (a)an individual, and a spouse or common-law partner of the individual, are deemed not to have an owner-occupied home in a period ending before a particular time referred to in that definition if

    • (i)at the particular time, the individual

      • (A)is living separate and apart from the individual’s spouse or common-law partner because of a breakdown of their marriage or common-law partnership,

      • (B)has been living separate and apart from the individual’s spouse or common-law partner for a period of at least 90 days, and

      • (C)began living separate and apart from the individual’s spouse or common-law partner in the calendar year that includes the particular time or any time in the four preceding calendar years,

    • (ii)in the absence of this subsection, the individual would not be precluded from having a regular eligible amount because of the application of paragraph (f) of that definition in respect of a spouse or common-law partner (other than the spouse or common-law partner referred to in clauses (i)‍(A) to (C)), and

    • (iii)where the individual has an owner-occupied home at the particular time,

      • (A)the home is not the qualifying home referred to in that definition and the individual disposes of the home no later than the end of the second calendar year after the calendar year that includes the particular time, or

      • (B)the individual acquires the interest, or for civil law the right, of the spouse or common-law partner in the home; and

  • (b)if an individual to whom paragraph (a) applies has an owner-occupied home at the particular time referred to in that paragraph and the individual acquires the interest, or for civil law the right, of a spouse or common-law partner in the home, the individual is deemed for the purposes of paragraphs (c) and (d) of that definition to have acquired a qualifying home on the date that the individual acquired the interest or the right.

(5)Paragraph 146.‍01(3)‍(a) of the Act is replaced by the following:

  • (a)the total of all amounts (other than excluded premiums, repayments to which paragraph (b) or (d) of the definition excluded withdrawal in subsection (1) applies and amounts paid by the individual in the first 60 days of the year that can reasonably be considered to have been deducted in computing the individual’s income, or designated under this subsection, for the preceding taxation year) paid by the individual in the year or within 60 days after the end of the year under a retirement savings plan that is at the end of the year or the following taxation year a registered retirement savings plan under which the individual is the annuitant, and

(6)Subsections (1) and (4) apply in respect of amounts received after 2019.

(7)Subsections (2) and (3) apply to the 2019 and subsequent taxation years in respect of amounts received after March 19, 2019.

(8)Subsection (5) applies in respect of repayments made after 2019.

28(1)Paragraph (b) of the definition excluded premium in subsection 146.‍02(1) of the Act is replaced by the following:

  • (b)was a repayment to which paragraph (b) or (d) of the definition excluded withdrawal in subsection 146.‍01(1) applies;

(2)Subsection (1) applies in respect of repayments made after 2019.

29(1)Section 146.‍2 of the Act is amended by adding the following after subsection (6):

Carrying on a business

(6.‍1)If tax is payable under this Part for a taxation year because of subsection (6) by a trust that is governed by a TFSA that carries on one or more businesses at any time in the taxation year,

  • (a)the holder of the TFSA is jointly and severally, or solidarily, liable with the trust to pay each amount payable under this Act by the trust that is attributable to that business or those businesses; and

  • (b)the issuer’s liability at any time for amounts payable under this Act in respect of that business or those businesses shall not exceed the total of

    • (i)the amount of property of the trust that the issuer is in possession or control of at that time in its capacity as legal representative of the trust, and

    • (ii)the total amount of all distributions of property from the trust on or after the date that the notice of assessment was sent in respect of the taxation year and before that time.

(2)Subsection (1) applies in respect of business activities in a TFSA for the 2019 and subsequent taxation years.

30(1)Subsection 149(1) of the Act is amended by adding the following after paragraph (g):

  • Registered journalism organizations

    (h)a registered journalism organization;

(2)Subsection (1) comes into force on January 1, 2020.

31(1)The definition qualified donee in subsection 149.‍1(1) of the Act is amended by adding the following after paragraph (b):

  • (b.‍1)a registered journalism organization,

(2)Subsection 149.‍1(1) of the Act is amended by adding the following in alphabetical order:

qualifying journalism organization means a corporation or trust that meets the following conditions:

  • (a)it is a qualified Canadian journalism organization,

  • (b)it is constituted and operated for purposes exclusively related to journalism,

  • (c)any business activities it carries on are related to its purposes,

  • (d)it has trustees or a board of directors, each of whom deals at arm’s length with each other,

  • (e)it is not controlled, directly or indirectly in any manner whatever, by a person or by a group of persons that do not deal with each other at arm’s length,

  • (f)it may not, in a taxation year, receive gifts from any one source that represent more than 20% of its total revenues (including donations) for the taxation year, other than a gift

    • (i)made by way of bequest,

    • (ii)made within 12 months after the time the organization is first registered, or

    • (iii)approved, on a case-by-case basis, by the Minister, and

  • (g)no part of its income is payable to, or otherwise available for the personal benefit of, any proprietor, member, shareholder, director, trustee, settlor or like individual; (organisation journalistique admissible)

(3)Subsection 149.‍1(4.‍3) of the Act is replaced by the following:

Revocation of a qualified donee

(4.‍3)The Minister may, in the manner described in section 168, revoke the registration of a qualified donee referred to in paragraph (a) or (b.‍1) of the definition qualified donee in subsection (1) for any reason described in subsection 168(1).

(4)Section 149.‍1 of the Act is amended by adding the following after subsection (14):

Information returns

(14.‍1)Every registered journalism organization shall, within six months from the end of each taxation year of the organization without notice or demand, file with the Minister both an information return and a public information return for the year in prescribed form and containing prescribed information including, for the public information return, for each donor whose total gifts to the organization in the year exceed $5,000, the name of the donor and the total amount donated.

(5)Paragraphs 149.‍1(15)‍(a) and (b) of the Act are replaced by the following:

  • (a)the information contained in a public information return referred to in subsection 149.‍1(14) or (14.‍1) shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister deems appropriate;

  • (b)the Minister may make available to the public in any manner that the Minister considers appropriate, in respect of each registered, or previously registered, charity, Canadian amateur athletic association, journalism organization and qualified donee referred to in paragraph (a) of the definition qualified donee in subsection (1),

    • (i)its name, address and date of registration,

    • (ii)in the case of a registered, or previously registered, charity, Canadian amateur athletic association or journalism organization, its registration number, and

    • (iii)the effective date of any revocation, annulment or termination of registration; and

(6)Subsection 149.‍1(22) of the Act is replaced by the following:

Refusal to register

(22)The Minister may, by registered mail, give notice to a person that the application of the person for registration as a registered charity, registered Canadian amateur athletic association, registered journalism organization or qualified donee referred to in subparagraph (a)‍(i) or (iii) of the definition qualified donee in subsection (1) is refused.

(7)Subsections (1) to (6) come into force on January 1, 2020.

32(1)Paragraph 152(1)‍(b) of the Act is replaced by the following:

  • (b)the amount of tax, if any, deemed by subsection 120(2) or (2.‍2), 122.‍5(3), 122.‍51(2), 122.‍7(2) or (3), 122.‍8(4), 122.‍9(2), 122.‍91(1), 125.‍4(3), 125.‍5(3), 125.‍6(2), 127.‍1(1), 127.‍41(3) or 210.‍2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.

(2)Paragraph 152(4.‍2)‍(b) of the Act is replaced by the following:

  • (b)redetermine the amount, if any, deemed by subsection 120(2) or (2.‍2), 122.‍5(3), 122.‍51(2), 122.‍7(2) or (3), 122.‍8(4), 122.‍9(2), 122.‍91(1), 127.‍1(1), 127.‍41(3) or 210.‍2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.‍61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year.

(3)Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

33(1)Section 153 of the Act is amended by adding the following after subsection (3):

Amounts paid in error

(3.‍1)For the purposes of this Act, an amount (referred to in this subsection as the “excess amount”) is deemed to not have been deducted or withheld under subsection (1) by a person if

  • (a)the excess amount was, absent the application of this subsection, deducted or withheld by the person under subsection (1);

  • (b)the excess amount is in respect of an excess payment (referred to in this subsection as the “total excess payment”) of an individual’s salary, wages or other remuneration by the person to the individual in a particular year, that was paid as a result of a clerical, administrative or system error;

  • (c)before the end of the third year after the calendar year in which the excess amount is deducted or withheld,

    • (i)the person elects in prescribed manner to have this subsection apply in respect of the excess amount, and

    • (ii)the individual has repaid, or made an arrangement to repay, the total excess payment less the excess amount;

  • (d)an information return correcting for the total excess payment has not been issued by the person to the individual prior to the making of the election in subparagraph (c)‍(i); and

  • (e)any additional criteria specified by the Minister have been met.

(2)Subsection (1) applies in respect of excess payments of salary, wages or other remuneration made after 2015.

34(1)Paragraph 157(3)‍(e) of the Act is replaced by the following:

  • (e)1/12 of the total of the amounts each of which is deemed by subsection 125.‍4(3), 125.‍5(3), 125.‍6(2), 127.‍1(1) or 127.‍41(3) to have been paid on account of the corporation’s tax payable under this Part for the year.

(2)Paragraph 157(3.‍1)‍(c) of the Act is replaced by the following:

  • (c)1/4 of the total of the amounts each of which is deemed by subsection 125.‍4(3), 125.‍5(3), 125.‍6(2), 127.‍1(1) or 127.‍41(3) to have been paid on account of the corporation’s tax payable under this Part for the taxation year.

(3)Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

35(1)Subsection 163(2) of the Act is amended by adding the following after paragraph (c.‍5):

  • (c.‍6)the amount, if any, by which

    • (i)the total of all amounts each of which is an amount that would be deemed by subsection 122.‍91(1) to have been paid on account of the person’s tax payable under this Part for the year if those amounts were calculated by reference to the information provided in the return

  • (ii)the total of all amounts each of which is an amount that is deemed by subsection 122.‍91(1) to be a payment on account of the person’s tax payable under this Part for the taxation year,

(2)Subsection 163(2) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

  • (h)the amount, if any, by which

    • (i)the amount that would be deemed by subsection 125.‍6(2) to have been paid for the year by the person if that amount were calculated by reference to the information provided in the return filed for the year pursuant to that subsection

  • exceeds

    • (ii)the amount that is deemed by that subsection to be paid for the year by the person.

(3)Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

36(1)Subparagraph 164(1)‍(a)‍(ii) of the Act is replaced by the following:

  • (ii)before sending the notice of assessment for the year, where the taxpayer is a qualified corporation (as defined in subsection 125.‍4(1)), an eligible production corporation (as defined in subsection 125.‍5(1)) or a qualifying journalism organization (as defined in subsection 125.‍6(1)) and an amount is deemed under subsection 125.‍4(3), 125.‍5(3) or 125.‍6(2) to have been paid on account of its tax payable under this Part for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the total of those amounts so deemed to have been paid, and

(2)Subsection (1) is deemed to have come into force on January 1, 2019.

37(1)Paragraph 168(1)‍(c) of the Act is replaced by the following:

  • (c)in the case of a registered charity, registered Canadian amateur athletic association or registered journalism organization, fails to file an information return as and when required under this Act or a regulation;

(2)Paragraph 168(1)‍(f) of the Act is replaced by the following:

  • (f)in the case of a registered Canadian amateur athletic association or registered journalism organization, accepts a gift the granting of which was expressly or implicitly conditional on the association or organization making a gift to another person, club, society, association or organization.

(3)The portion of subsection 168(2) of the Act before paragraph (b) is replaced by the following:

Revocation of registration

(2)If the Minister gives notice under subsection (1) to a registered charity, to a registered Canadian amateur athletic association or to a registered journalism organization,

  • (a)if it has applied to the Minister in writing for the revocation of its registration, the Minister shall, forthwith after the mailing of the notice, publish a copy of the notice in the Canada Gazette, and on that publication of a copy of the notice, the registration is revoked; and

(4)The portion of subsection 168(2) of the English version of the Act after paragraph (a) is replaced by the following:

  • (b)in any other case, the Minister may, after the expiration of 30 days from the day of mailing of the notice, or after the expiration of such extended period from the day of mailing of the notice as the Federal Court of Appeal or a judge of that Court, on application made at any time before the determination of any appeal pursuant to subsection 172(3) from the giving of the notice, may fix or allow, publish a copy of the notice in the Canada Gazette, and on that publication of a copy of the notice, the registration is revoked.

(5)Paragraph 168(4)‍(c) of the Act is replaced by the following:

  • (c)in the case of a person described in any of subparagraphs (a)‍(i) to (v) and paragraph (b.‍1) of the definition qualified donee in subsection 149.‍1(1), that is or was registered by the Minister as a qualified donee or is an applicant for such registration, it objects to a notice under any of subsections (1) and 149.‍1(4.‍3) and (22).

(6)Subsections (1) to (5) come into force on January 1, 2020.

38(1)Paragraph 172(3)‍(a.‍2) of the Act is replaced by the following:

  • (a.‍2)confirms a proposal or decision in respect of which a notice was issued under any of subsections 149.‍1(4.‍3) and (22) and 168(1) by the Minister, to a person that is a person described in any of subparagraphs (a)‍(i) to (v) and paragraph (b.‍1) of the definition qualified donee in subsection 149.‍1(1) that is or was registered by the Minister as a qualified donee or is an applicant for such registration, or does not confirm or vacate that proposal or decision within 90 days after service of a notice of objection by the person under subsection 168(4) in respect of that proposal or decision,

(2)Subsection (1) comes into force on January 1, 2020.

39(1)Subsections 188.‍1(6) to (9) of the Act are replaced by the following:

Failure to file information returns

(6)Every registered charity, registered Canadian amateur athletic association and registered journalism organization that fails to file a return for a taxation year as and when required by subsection 149.‍1(14) or (14.‍1) is liable to a penalty equal to $500.

Incorrect information

(7)Except where subsection (8) or (9) applies, every registered charity, registered Canadian amateur athletic association and registered journalism organization that issues, in a taxation year, a receipt for a gift otherwise than in accordance with this Act and the regulations is liable for the taxation year to a penalty equal to 5% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.‍1(1) or a credit under subsection 118.‍1(3).

Increased penalty for subsequent assessment

(8)Except where subsection (9) applies, if the Minister has, less than five years before a particular time, assessed a penalty under subsection (7) or this subsection for a taxation year of a registered charity, registered Canadian amateur athletic association or registered journalism organization and, after that assessment and in a subsequent taxation year, it issues, at the particular time, a receipt for a gift otherwise than in accordance with this Act and the regulations, it is liable for the subsequent taxation year to a penalty equal to 10% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.‍1(1) or a credit under subsection 118.‍1(3).

False information

(9)If at any time a person makes or furnishes, participates in the making of or causes another person to make or furnish a statement that the person knows, or would reasonably be expected to know but for circumstances amounting to culpable conduct (as defined in subsection 163.‍2(1)), is a false statement (as defined in subsection 163.‍2(1)) on a receipt issued by, on behalf of or in the name of another person for the purposes of subsection 110.‍1(2) or 118.‍1(2), the person (or, where the person is an officer, employee, official or agent of a registered charity, registered Canadian amateur athletic association or registered journalism organization, the charity, association or organization) is liable for their taxation year that includes that time to a penalty equal to 125% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.‍1(1) or a credit under subsection 118.‍1(3).

(2)Subsection (1) comes into force on January 1, 2020.

40(1)The portion of subsection 188.‍2(1) of the Act before paragraph (a) is replaced by the following:

Notice of suspension with assessment

188.‍2(1)The Minister shall, with an assessment referred to in this subsection, give notice by registered mail to a registered charity, registered Canadian amateur athletic association or registered journalism organization that its authority to issue an official receipt referred to in Part XXXV of the Income Tax Regulations is suspended for one year from the day that is seven days after the day on which the notice is mailed, if the Minister has assessed the charity, association or organization for a taxation year for

(2)Subsection 188.‍2(2.‍1) of the Act is replaced by the following:

Suspension – failure to report

(2.‍1)If a registered charity, a registered Canadian amateur athletic association or a registered journalism organization fails to report information that is required to be included in a return filed under subsection 149.‍1(14) or (14.‍1), the Minister may give notice by registered mail to the charity, association or organization that its authority to issue an official receipt referred to in Part XXXV of the Income Tax Regulations is suspended from the day that is seven days after the day on which the notice is mailed until such time as the Minister notifies the charity, association or organization that the Minister has received the required information in prescribed form.

(3)Subsections (1) and (2) come into force on January 1, 2020.

41(1)The portion of subsection 230(2) of the Act before paragraph (a) is replaced by the following:

Records and books

(2)Every qualified donee referred to in paragraphs (a) to (c) of the definition qualified donee in subsection 149.‍1(1) shall keep records and books of account — in the case of a qualified donee referred to in any of subparagraphs (a)‍(i) and (iii) and paragraphs (b), (b.‍1) and (c) of that definition, at an address in Canada recorded with the Minister or designated by the Minister — containing

(2)Subsection (1) comes into force on January 1, 2020.

42(1)The portion of subsection 241(3.‍2) of the Act before paragraph (a) is replaced by the following:

Certain qualified donees

(3.‍2)An official may provide to any person the following taxpayer information relating to another person (in this subsection referred to as the “registrant”) that was at any time a registered charity, registered Canadian amateur athletic association or registered journalism organization:

(2)Paragraph 241(3.‍2)‍(f) of the Act is replaced by the following:

  • (f)financial statements required to be filed with an information return referred to in subsection 149.‍1(14) or (14.‍1);

(3)Section 241 of the Act is amended by adding the following after subsection (3.‍3):

Information may be communicated

(3.‍4)The Minister may communicate or otherwise make available to the public, in any manner that the Minister considers appropriate, the following taxpayer information:

  • (a)the names of each organization with respect to which an individual can be entitled to a deduction under subsection 118.‍02(2); and

  • (b)the start and, if applicable, end of the period in which paragraph (a) applies in respect of any particular organization.

(4)Paragraph 241(4)‍(d) of the Act is amended by adding the following after subparagraph (xvi):

  • (xvi.‍1)to a person employed or engaged in the service of an office or agency, of the Government of Canada or of a province, whose mandate includes the provision of assistance (as defined in subsection 125.‍6(1)) in respect of qualified Canadian journalism organizations, solely for the purpose of the administration or enforcement of the program under which the assistance is offered,

  • (xvi.‍2)to a body referred to in paragraph (b) of the definition qualified Canadian journalism organization in subsection 248(1), solely for the purpose of determining eligibility for designation under that paragraph,

(5)Subsections (1) and (2) come into force on January 1, 2020.

43(1)The definition passenger vehicle in subsection 248(1) of the Act is replaced by the following:

passenger vehicle means an automobile

  • (a)acquired after June 17, 1987, other than an automobile that is acquired after that date pursuant to an obligation in writing entered into before June 18, 1987 or that is a zero-emission vehicle, or

  • (b)leased under a lease entered into, extended or renewed after June 17, 1987; (voiture de tourisme)

(2)Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

qualified Canadian journalism organization, at any time, means a corporation, partnership or trust that

  • (a)meets the following conditions:

    • (i)in the case of a corporation,

      • (A)it is incorporated under the laws of Canada or a province,

      • (B)the chairperson or other presiding officer, and at least 3/4 of the directors or other similar officers, are citizens of Canada, and

      • (C)it is resident in Canada,

    • (ii)in the case of a partnership,

      • (A)it is formed under the laws of a province, and

      • (B)individuals who are citizens of Canada or persons, or partnerships, described in any of subparagraphs (i) to (iii) hold interests in the partnership

        • (I)representing in value at least 75% of the total value of the partnership property, and

        • (II)that result in at least 75% of each income or loss of the partnership from any source being included in the determination of their incomes,

    • (iii)in the case of a trust,

      • (A)it is formed under the laws of a province,

      • (B)it is resident in Canada, and

      • (C)if interests as a beneficiary under the trust are held by one or more persons or partnerships, at least 75% of the fair market value of all interests as a beneficiary under the trust are held by

        • (I)individuals who are citizens of Canada, or

        • (II)persons or partnerships described in any of subparagraphs (i) to (iii),

    • (iv)it operates in Canada, including that its content is edited, designed and, except in the case of digital content, published in Canada,

    • (v)it is primarily engaged in the production of original news content, which

      • (A)must be primarily focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes, and

      • (B)must not be primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment,

    • (vi)it regularly employs two or more journalists who deal at arm’s length with the organization in the production of its content,

    • (vii)it is not significantly engaged in the production of content

      • (A)to promote the interests, or report on the activities, of an organization, an association or its members,

      • (B)for a government, Crown corporation or government agency, or

      • (C)to promote goods or services, and

    • (viii)it is not a Crown corporation, municipal corporation or government agency, and

  • (b)is designated at that time by the Minister and, for this purpose, the Minister shall take into account any recommendations of a body established for the purpose of this definition; (organisation journalistique canadienne qualifiée)

(3)Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

registered journalism organization means a qualifying journalism organization (as defined in subsection 149.‍1(1)) that has applied to the Minister in prescribed form for registration, that has been registered and whose registration has not been revoked; (organisation journalistique enregistrée)

(4)Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

zero-emission passenger vehicle, of a taxpayer, means an automobile of the taxpayer that is included in Class 54 of Schedule II to the Income Tax Regulations; (voiture de tourisme zéro émission)

zero-emission vehicle, of a taxpayer, means a motor vehicle that

  • (a)is a plug-in hybrid that meets prescribed conditions or is fully

    • (i)electric, or

    • (ii)powered by hydrogen,

  • (b)is acquired, and becomes available for use, by the taxpayer after March 18, 2019 and before 2028, and

  • (c)is not a vehicle

    • (i)that has been used, or acquired for use, for any purpose before it was acquired by the taxpayer, or

    • (ii)in respect of which

      • (A)the taxpayer has, at any time, made an election under subsection 1103(2j) of the Income Tax Regulations,

      • (B)assistance has been paid by the Government of Canada under a prescribed program, or

      • (C)an amount has been deducted under paragraph 20(1)‍(a) or subsection 20(16) by another person or partnership. (véhicule zéro émission)

(5)Subsections 248(17) and (17.‍1) of the Act are replaced by the following:

Application of subsection (16) to certain vehicles and aircraft

(17)If the input tax credit of a taxpayer under Part IX of the Excise Tax Act in respect of a passenger vehicle, zero-emission passenger vehicle or aircraft is determined with reference to subsection 202(4) of that Act, subparagraphs (16)‍(a)‍(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows:

  • (i)at the beginning of the first taxation year or fiscal period of the taxpayer commencing after the end of the taxation year or fiscal period, as the case may be, in which the goods and services tax in respect of such property was considered for the purposes of determining the input tax credit to be payable, if the tax was considered for the purposes of determining the input tax credit to have become payable in the reporting period, or

  • (ii)if no such tax was considered for the purposes of determining the input tax credit to have become payable in the reporting period, at the end of the reporting period; or

Application of subsection (16.‍1) to certain vehicles and aircraft

(17.‍1)If the input tax refund of a taxpayer under An Act respecting the Québec sales tax, R.‍S.‍Q.‍, c. T-0.‍1, in respect of a passenger vehicle, zero-emission passenger vehicle or aircraft is determined with reference to section 252 of that Act, subparagraphs (16.‍1)‍(a)‍(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows:

  • (i)at the beginning of the first taxation year or fiscal period of the taxpayer that begins after the end of the taxation year or fiscal period, as the case may be, in which the Quebec sales tax in respect of such property was considered for the purposes of determining the input tax refund to be payable, if the tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, or

  • (ii)if no such tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, at the end of the reporting period; or

(6)Subsections (1), (4) and (5) are deemed to have come into force on March 19, 2019.

(7)Subsection (2) is deemed to have come into force on January 1, 2019.

(8)Subsection (3) comes into force on January 1, 2020.

44(1)The portion of subsection 253.‍1(2) of the Act before paragraph (a) is replaced by the following:

Investments in limited partnerships

(2)For the purposes of section 149.‍1 and subsections 188.‍1(1) and (2), if a registered charity, a registered Canadian amateur athletic association or a registered journalism organization holds an interest as a member of a partnership, the member shall not, solely because of its acquisition and holding of that interest, be considered to carry on any business of the partnership if

(2)Subsection (1) comes into force on January 1, 2020.

R.‍S.‍, c. C-8

Canada Pension Plan

Amendments to the Act

45The Canada Pension Plan is amended by adding the following after section 21:
Excess payment — amount deemed not deducted

21.‍01(1)Subject to subsection (2), an amount deducted by an employer under subsection 21(1) for a year after 2015 in respect of an excess payment that was paid — as a result of a clerical, administrative or system error — as remuneration to an employee in respect of pensionable employment is deemed not to have been deducted for the purposes of this Act if

  • (a)before the end of the third year after the calendar year in which the amount was deducted,

    • (i)the employer elects to have this section apply in respect of the amount, and

    • (ii)the employee has repaid, or made an arrangement to repay, the employer;

  • (b)the employer has not filed an information return correcting for the excess payment before making the election referred to in subparagraph (a)‍(i); and

  • (c)any additional conditions specified by the Minister are met.

Determination of amount

(2)For the purposes of subsection (1), the amount that is deemed not to have been deducted is the amount that was deducted by the employer or, if the amount determined by the following formula is less than the amount that was deducted by the employer, the amount determined by the formula

A − B
where

A
is the aggregate of all amounts that were deducted by the employer as the employee’s contributions for the year in question; and

B
is the aggregate of all amounts that would have been deducted by the employer as the employee’s contributions for that year had the employer not made the excess payment referred to in subsection (1).

46(1)Section 38 of the Act is amended by adding the following after subsection (3.‍2):
Refund — section 21.‍01 amounts

(3.‍3)If an amount remitted by an employer is deemed under section 21.‍01 not to have been deducted, the Minister may refund that amount to the employer if the employer applies to the Minister for the refund within four years after the end of the year for which the amount was remitted.

(2)Section 38 of the Act is amended by adding the following after subsection (7):
Non-application — subsection (7)

(8)Subsection (7) does not apply in respect of an amount referred to in subsection (3.‍3) that is refunded or applied under this Act to any other liability.

Coming into Force

Non-application — subsection 114(2) of Canada Pension Plan

47(1)Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 45 and 46 of this Act.

Order in council

(2)Sections 45 and 46 come into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

R.‍S.‍, c. C-51

Cultural Property Export and Import Act

1991, c. 49, s. 218(1)

48(1)Subsection 32(1) of the Cultural Property Export and Import Act is replaced by the following:

Request for determination of Review Board

32(1)For the purposes of subparagraph 39(1)‍(a)‍(i.‍1), paragraph 110.‍1(1)‍(c), the definition total cultural gifts in subsection 118.‍1(1) and subsection 118.‍1(10) of the Income Tax Act, where a person disposes of or proposes to dispose of an object to an institution or a public authority designated under subsection (2), the person, institution or public authority may request, by notice in writing given to the Review Board, a determination by the Review Board as to whether the object meets the criterion set out in paragraph 29(3)‍(b) and a determination by the Review Board of the fair market value of the object.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

1995, c. 38, s. 2

49(1)Subsection 33(1) of the Act is replaced by the following:

Income tax certificate

33(1)Where the Review Board determines or redetermines the fair market value of an object in respect of which a request was made under section 32 and determines that the object meets the criterion set out in paragraph 29(3)‍(b), it shall, where the object has been irrevocably disposed of to a designated institution or public authority, issue to the person who made the disposition a certificate attesting to the fair market value and to the meeting of that criterion , in such form as the Minister of National Revenue may specify.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

1996, c. 23

Employment Insurance Act

50The Employment Insurance Act is amended by adding the following after section 82:

Excess payment — amount deemed not deducted

82.‍01(1)Subject to subsection (2), an amount deducted by an employer under subsection 82(1) for a year after 2015 in respect of an excess payment that was paid — as a result of a clerical, administrative or system error — as remuneration to an insured person is deemed not to have been deducted for the purposes of this Act if

  • (a)before the end of the third year after the calendar year in which the amount was deducted,

    • (i)the employer elects to have this section apply in respect of the amount, and

    • (ii)the insured person has repaid, or made an arrangement to repay, the employer;

  • (b)the employer has not filed an information return correcting for the excess payment before making the election referred to in subparagraph (a)‍(i); and

  • (c)any additional conditions specified by the Minister are met.

Determination of amount

(2)For the purposes of subsection (1), the amount that is deemed not to have been deducted is the amount that was deducted by the employer or, if the amount determined by the following formula is less than the amount that was deducted by the employer, the amount determined by the formula

A − B
where

A
is the aggregate of all amounts that were deducted by the employer as the employee’s premiums for the year in question; and

B
is the aggregate of all amounts that would have been deducted by the employer as the employee’s premiums for that year had the employer not made the excess payment referred to in subsection (1).

51(1)Section 96 of the Act is amended by adding the following after subsection (3):

Refund — section 82.‍01 amounts

(3.‍1)If an amount remitted by an employer is deemed under section 82.‍01 not to have been deducted, the Minister may refund that amount to the employer if the employer applies to the Minister for the refund within three years after the end of the year for which the amount was remitted.

2014, c. 39, s. 225(2)

(2)Subsection 96(13.‍1) of the Act is replaced by the following:

No interest payable

(13.‍1)Despite subsection (13), no interest shall be paid on a refund payable under subsection (3.‍1), (8.‍7), (8.‍91), (8.‍94), (8.‍97) or (8.‍98) or on the amount of a refund payable under any of those subsections that is applied under this Act to any other liability.

C.‍R.‍C.‍, c. 945

Income Tax Regulations

52(1)Paragraph 1100(1)‍(a) of the Income Tax Regulations is amended by striking out “and” at the end of subparagraph (xxxviii) and by adding the following after subparagraph (xxxix):

  • (xl)of Class 54, 30 per cent, and

  • (xli)of Class 55, 40 per cent,

(2)Subparagraph 1100(1)‍(b)‍(i) of the Regulations is replaced by the following:

  • (i)if the capital cost of the property was incurred in the taxation year and after November 12, 1981,

    • (A)if the property is an accelerated investment incentive property and the capital cost of the property was incurred before 2024, the lesser of

      • (I)150 per cent of the amount for the year calculated in accordance with Schedule III, and

      • (II)the amount determined for paragraph 1(b) of Schedule III, and

    • (B)if the property is not an accelerated investment incentive property and is not described in any of subparagraphs (b)‍(iii) to (v) of the description of F in subsection (2), 50 per cent of the amount for the year calculated in accordance with Schedule III, and

(3)Subparagraph 1100(1)‍(c)‍(i) of the Regulations is replaced by the following:

  • (i)the total of

    • (A)the aggregate of the amounts for the year obtained by apportioning the capital cost to the taxpayer of each property over the life of the property remaining at the time the cost was incurred, and

    • (B)if the property is accelerated investment incentive property, the portion of the amount determined under clause (A) that is in respect of the property multiplied by

      • (I)0.‍5, if the property becomes available for use in the year and before 2024, and

      • (II)0.‍25, if the property becomes available for use in the year and after 2023, and

(4)Subparagraph 1100(1)‍(ta)‍(v) of the Regulations is replaced by the following:

  • (v)property described in any of subparagraphs (b)‍(iii) to (v) of the description of F in subsection (2),

(5)Subparagraph 1100(1)‍(v)‍(iv) of the Regulations is replaced by the following:

  • (iv)the capital cost of the property to the taxpayer multiplied by

    • (A)50 per cent, in the case of an accelerated investment incentive property acquired in the year and before 2024,

    • (B)16 2/3 per cent, in the case of property acquired in the year, other than

      • (I)accelerated investment incentive property, and

      • (II)property described in any of subparagraphs (b)‍(iii) to (v) of the description of F in subsection (2), and

    • (C)33 1/3 per cent, in any other case, and

(6)Subsection 1100(2) of the Regulations is replaced by the following:

(2)The amount that a taxpayer may deduct for a taxation year under subsection (1) in respect of property of a class in Schedule II is to be determined as if the undepreciated capital cost to the taxpayer at the end of the taxation year (before making any deduction under subsection (1) for the taxation year) of property of the class were adjusted by adding the positive or negative amount determined by the formula

A(B) − 0.‍5(C)
where

A
is, in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in Class 54 or 55,

(a)if the property is not included in paragraph (1)‍(v) or in any of Classes 12, 13, 14, 15, 43.‍1, 43.‍2, 53, 54 and 55 or in Class 43 in the circumstances described in paragraph (d),

(i)1/2, for property that became available for use by the taxpayer before 2024, and

(ii)nil, for property that became available for use by the taxpayer after 2023,

(b)if the class is Class 43.‍1,

(i)2 1/3, for property that became available for use by the taxpayer before 2024,

(ii)1 1/2, for property that became available for use by the taxpayer in 2024 or 2025, and

(iii)5/6, for property that became available for use by the taxpayer after 2025,

(c)if the class is Class 43.‍2,

(i)1, for property that became available for use by the taxpayer before 2024,

(ii)1/2, for property that became available for use by the taxpayer in 2024, and

(iii)nil, in any other case,

(d)if the property is included in Class 53 or — for property acquired after 2025 — is included in Class 43 and would have been included in Class 53 if it had been acquired in 2025,

(i)1, for property that became available for use by the taxpayer before 2024,

(ii)1/2, for property that became available for use by the taxpayer in 2024 or 2025, and

(iii)5/6, for property that became available for use by the taxpayer after 2025,

(e)if the class is Class 54,

(i)2 1/3, for property that became available for use by the taxpayer before 2024,

(ii)1 1/2, for property that became available for use by the taxpayer in 2024 or 2025, and

(iii)5/6, for property that became available for use by the taxpayer after 2025,

(f)if the class is Class 55,

(i)1 1/2, for property that became available for use by the taxpayer before 2024,

(ii)7/8, for property that became available for use by the taxpayer in 2024 or 2025, and

(iii)3/8, for property that became available for use by the taxpayer after 2025, and

(g)in any other case, nil;

B
is the amount determined, in respect of the class, by the formula

D − E
where

D
is the total of all amounts, if any, each of which is an amount included in the description of A in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in Class 54 or 55, as the case may be, and

E
is the amount, if any, by which the amount determined for G exceeds the amount determined for F in the description of C; and

C
is the amount determined, in respect of the class, by the formula

F − G
where

F
is the total of all amounts each of which

(a)is an amount added to the undepreciated capital cost to the taxpayer of property of the class

(i)because of element A in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property (other than accelerated investment incentive property) that was acquired, or became available for use, by the taxpayer in the taxation year, or

(ii)because of element C or D in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of an amount that was repaid in the taxation year, and

(b)is not in respect of

(i)property included in paragraph (1)‍(v), in paragraph (w) of Class 10 or in any of paragraphs (a) to (c), (e) to (i), (k), (l) and (p) to (s) of Class 12,

(ii)property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52, 54 and 55,

(iii)where the taxpayer was a corporation described in subsection (16) throughout the taxation year, property that was specified leasing property of the taxpayer at that time,

(iv)property that was deemed to have been acquired by the taxpayer in a preceding taxation year by reason of the application of paragraph 16.‍1(1)‍(b) of the Act in respect of a lease to which the property was subject immediately before the time at which the taxpayer last acquired the property, or

(v)property considered to have become available for use by the taxpayer in the taxation year by reason of paragraph 13(27)‍(b) or (28)‍(c) of the Act, and

G
is the total of all amounts each of which is an amount deducted from the undepreciated capital cost to the taxpayer of property of the class

(a)because of element F or G in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property disposed of in the taxation year, or

(b)because of element J in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of an amount the taxpayer received or was entitled to receive in the taxation year.

Straddle years

(2.‍01)For the purposes of subsection (2),

  • (a)if a taxation year begins in 2023 and ends in 2024, the factor determined for A in subsection (2) is to be replaced by the factor determined by the formula

    (A(B) + C(D))/(B + D)
    where

    A
    is the factor otherwise determined for A in subsection (2) for 2023,

    B
    is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation year were property that became available for use by the taxpayer in 2023,

    C
    is the factor otherwise determined for A in subsection (2) for 2024, and

    D
    is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation were property that became available for use by the taxpayer in 2024; and

  • (b)if a taxation year begins in 2025 and ends in 2026, the factor determined for A in subsection (2) is to be replaced by the factor determined by the formula

    (A(B) + C(D))/(B + D)
    where

    A
    is the factor otherwise determined for A in subsection (2) for 2025,

    B
    is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation year were property that became available for use by the taxpayer in 2025,

    C
    is the factor otherwise determined for A in subsection (2) for 2026, and

    D
    is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation year were property that became available for use by the taxpayer in 2026.

Expenditures before November 21, 2018

(2.‍02)For the purposes of subsection (2), in respect of property of a class in Schedule II that is accelerated investment incentive property of a taxpayer solely because of subparagraph 1104(4)‍(b)‍(i),

  • (a)no amount is to be included in respect of the property in determining the amount for D in subsection (2) in respect of the class to the extent that the amount includes expenditures incurred by any person or partnership before November 21, 2018, unless the person or partnership from which the taxpayer acquired the property dealt at arm’s length with the taxpayer and held the property as inventory; and

  • (b)any amount excluded from the amount determined for D in subsection (2) in respect of the class because of paragraph (a) is to be included in determining the amount for F in subsection (2) in respect of the class, unless no amount in respect of the property would be so included if the property were not accelerated investment incentive property of the taxpayer.

(7)Paragraph 1100(2.‍2)‍(h) of the Regulations is replaced by the following:

  • (h)no amount shall be included in determining an amount for F in subsection (2) in respect of the property;

(8)Paragraph 1100(2.‍2)‍(k) of the Regulations is replaced by the following:

  • (k)if the property is a property described in paragraph (1)‍(v), its subparagraph (iv) shall be read, in respect of the property, as “331/3 per cent of the capital cost of the property to the taxpayer, and”.

(9)Subsection 1100(2.‍3) of the Regulations is replaced by the following:

(2.‍3)If a taxpayer has disposed of a property and, because of paragraph (2.‍2)‍(h), no amount is required to be included in determining an amount for F in subsection (2) in respect of the property by the person that acquired the property, no amount shall be included by the taxpayer in determining an amount for G in subsection (2) in respect of the disposition of the property.

53(1)The portion of subsection 1102(14) of the Regulations before paragraph (a) is replaced by the following:

(14)Subject to subsections (14.‍11) to (14.‍13), for the purposes of this Part and Schedule II, if a property is acquired by a taxpayer

(2)Section 1102 of the Regulations is amended by adding the following after subsection (14.‍12):

(14.‍13)Subsection (14) does not apply to an acquisition of property by a taxpayer from a person in respect of which the property is a zero-emission vehicle included in Class 54 or 55.

(3)Section 1102 of the Regulations is amended by adding the following after subsection (20):

(20.‍1)For the purposes of subsection 1104(4), if, in the absence of this subsection, a taxpayer would be considered to be dealing at arm’s length with another person or partnership as a result of a transaction or series of transactions the principal purpose of which may reasonably be considered to have been to cause one or more properties of the taxpayer to qualify as accelerated investment incentive property, the taxpayer shall be considered not to be dealing at arm’s length with the other person or partnership in respect of the acquisition of those properties.

(4)Section 1102 of the Regulations is amended by adding the following after subsection (25):

(26)For the purpose of the definition zero-emission vehicle in subsection 248(1) of the Act,

  • (a)it is a prescribed condition that the motor vehicle has a battery capacity of at least 7 kWh; and

  • (b)the federal purchase incentive announced on March 19, 2019 is a prescribed program.

(5)Subsections (1), (2) and (4) are deemed to have come into force on March 19, 2019.

54(1)Section 1103 of the Regulations is amended by adding the following after subsection (2i):

(2j)A taxpayer may, in its return of income filed with the Minister on or before its filing-due date for the taxation year in which a property is acquired, elect not to include the property in Class 54 or 55 in Schedule II, as the case may be.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

55(1)Section 1104 of the Regulations is amended by adding the following after subsection (3):

(4)For the purposes of this Part and Schedules II to VI, accelerated investment incentive property means property of a taxpayer (other than property included in Class 54 or 55) that

  • (a)is acquired by the taxpayer after November 20, 2018 and becomes available for use before 2028; and

  • (b)meets either of the following conditions:

    • (i)the property

      • (A)has not been used for any purpose before it was acquired by the taxpayer, and

      • (B)is not a property in respect of which an amount has been deducted under paragraph 20(1)‍(a) or subsection 20(16) of the Act by another person or partnership, or

    • (ii)the property was not

      • (A)acquired in circumstances where

        • (I)the taxpayer was deemed to have been allowed or deducted an amount under paragraph 20(1)‍(a) of the Act in respect of the property in computing income for previous taxation years, or

        • (II)the undepreciated capital cost of depreciable property of a prescribed class of the taxpayer was reduced by an amount determined by reference to the amount by which the capital cost of the property to the taxpayer exceeds its cost amount, or

      • (B)previously owned or acquired by the taxpayer or by a person or partnership with which the taxpayer did not deal at arm’s length at any time when the property was owned or acquired by the person or partnership.

(2)Paragraph 1104(17)‍(a) of the Regulations is replaced by the following:

  • (a)the property is

    • (i)included in Class 43.‍1 because of its subparagraph (c)‍(i), or

    • (ii)described in

      • (A)any of subparagraphs (d)‍(vii) to (ix), (xi), (xiii), (xiv), (xvi) and (xvii) of Class 43.‍1, or

      • (B)paragraph (a) of Class 43.‍2; and

(3)Subsection (2) applies to property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016. However, in respect of property acquired before March 22, 2017, clause 1104(17)‍(a)‍(ii)‍(A) of the Regulations, as enacted by subsection (2), is to be read as follows:

  • (A)any of subparagraphs (d)‍(viii), (ix), (xi), (xiii), (xiv), (xvi) and (xvii) of Class 43.‍1, or

56(1)Subsection 1106(3) of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f)the Memorandum of Understanding between the Government of Canada and the Respective Governments of the Flemish, French and German-Speaking Communities of the Kingdom of Belgium concerning Audiovisual Coproduction.

(2)Subsection (1) is deemed to have come into force on March 12, 2018.

57(1)The definition registered organization in section 3500 of the Regulations is replaced by the following:

registered organization means a registered charity, a registered Canadian amateur athletic association, registered journalism organization or a registered national arts service organization.‍ (organisation enregistrée)

(2)Subsection (1) comes into force on January 1, 2020.

58(1)Paragraphs 5800(1)‍(d) and (e) of the Regulations are replaced by the following:

  • (d)in respect of

    • (i)any record of the minutes of meetings of the executive of a registered charity, registered Canadian amateur athletic association or registered journalism organization,

    • (ii)any record of the minutes of meetings of the members of a registered charity, registered Canadian amateur athletic association or registered journalism organization, and

    • (iii)all documents and by-laws governing a registered charity, registered Canadian amateur athletic association or registered journalism organization,

  • the period ending on the day that is two years after the date on which the registration of the registered charity, the registered Canadian amateur athletic association or the registered journalism organization under the Act is revoked;

  • (e)in respect of all records and books of account that are not described in paragraph (d) and that relate to a registered charity, registered Canadian amateur athletic association or registered journalism organization whose registration under the Act is revoked, and in respect of the vouchers and accounts necessary to verify the information in such records and books of account, the period ending on the day that is two years after the date on which the registration of the registered charity, the registered Canadian amateur athletic association or the registered journalism organization under the Act is revoked;

(2)Subsection (1) comes into force on January 1, 2020.

59(1)Section 7307 of the Regulations is amended by adding the following after subsection (1):

(1.‍1)For the purposes of paragraph 13(7)‍(i) of the Act, the amount prescribed in respect of a zero-emission passenger vehicle of a taxpayer is the amount determined by the formula

A + B
where

A
is $55,000; and

B
is the sum that would have been payable in respect of federal and provincial sales taxes on the acquisition of the vehicle if it had been acquired by the taxpayer at a cost equal to A, before the application of the federal and provincial sales taxes.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

60(1)The portion of paragraph 8302(3)‍(j) of the Regulations before subparagraph (i) is replaced by the following:

  • (j)if the amount of the individual’s lifetime retirement benefits depends solely on the actual amount of the pension (in this paragraph referred to as the “statutory pension”) payable to the individual under paragraph 46(1)‍(a) of the Canada Pension Plan or a similar provision of a provincial pension plan (as defined in section 3 of that Act), the amount of statutory pension (expressed on an annualized basis) were equal to

(2)Subsection 8302(3) of the Regulations is amended by adding the following after paragraph (j):

  • (j.‍1)if the amount of the individual’s lifetime retirement benefits depends on the actual amount of the pension (in this paragraph referred to as the “statutory pension”) payable to the individual under paragraphs 46(1)‍(a) and (b) of the Canada Pension Plan or a similar provision of a provincial pension plan (as defined in section 3 of that Act), the amount of statutory pension (expressed on an annualized basis) were equal to

    • (i)the amount determined by the formula

      A × B
      where

      A
      is

      (A)for 2018 and preceding years, 0.‍25,

      (B)for 2019, 0.‍2625,

      (C)for 2020, 0.‍275,

      (D)for 2021, 0.‍29165,

      (E)for 2022, 0.‍3125, and

      (F)for 2023 and subsequent years, 1/3, and

      B
      is the lesser of the Year’s Maximum Pensionable Earnings for the particular year and,

      (A)in the case of an individual who renders services throughout the particular year on a full-time basis to employers who participate in the plan, the aggregate of all amounts each of which is the individual’s remuneration for the particular year from such an employer, and

      (B)in any other case, the amount that it is reasonable to consider would be determined under clause (A) if the individual had rendered services throughout the particular year on a full-time basis to employers who participate in the plan, or

    • (ii)at the option of the plan administrator, any other amount determined in accordance with a method for estimating the statutory pension that can be expected to result in amounts substantially similar to amounts determined under subparagraph (i);

(3)Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

61(1)Subclauses (d)‍(i)‍(A)‍(I) and (II) of Class 43.‍1 in Schedule II to the Regulations are replaced by the following:

  • (I)active solar heating equipment, including such equipment that consists of above ground solar collectors, solar energy conversion equipment, solar water heaters, thermal energy storage equipment, control equipment and equipment designed to interface solar heating equipment with other heating equipment, or

  • (II)equipment that is part of a ground source heat pump system that transfers heat to or from the ground or groundwater (but not to or from surface water such as a river, a lake or an ocean) and that, at the time of installation, meets the standards set by the Canadian Standards Association for the design and installation of earth energy systems, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), energy conversion equipment, thermal energy storage equipment, control equipment and equipment designed to enable the system to interface with other heating or cooling equipment, and

(2)Subclause (d)‍(v)‍(B)‍(I) of Class 43.‍1 in Schedule II to the Regulations is replaced by the following:

  • (I)control and conditioning equipment,

(3)The portion of subparagraph (d)‍(vi) of Class 43.‍1 in Schedule II to the Regulations before clause (A) is replaced by the following:

  • (vi)fixed location photovoltaic equipment that is used by the taxpayer, or a lessee of the taxpayer, primarily for the purpose of generating electrical energy from solar energy if the equipment consists of solar cells or modules and related equipment including inverters, control and conditioning equipment, support structures and transmission equipment, but not including

(4)Subparagraph (d)‍(vii) of Class 43.‍1 in Schedule II to the Regulations is replaced by the following:

  • (vii)equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy solely from geothermal energy, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, transmission equipment, distribution equipment, property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its subparagraph (a.‍1)‍(i),

(5)Subparagraph (d)‍(vii) of Class 43.‍1 in Schedule II to the Regulations, as enacted by subsection (4), is replaced by the following:

  • (vii)equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy or heat energy, or both electrical and heat energy, solely from geothermal energy, including such equipment that consists of piping (including above or below ground piping and the cost of completing a well (including the wellhead and production string), or trenching, for the purpose of installing that piping), pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, distribution equipment, equipment used to heat water for use in a swimming pool, equipment described in subclause (i)‍(A)‍(II), property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its paragraph (a.‍1),

(6)Subparagraph (d)‍(xii) of Class 43.‍1 in Schedule II to the Regulations is replaced by the following:

  • (xii)fixed location fuel cell equipment used by the taxpayer, or by a lessee of the taxpayer, that uses hydrogen generated only from ancillary electrolysis equipment (or, if the fuel cell is reversible, the fuel cell itself) using electricity all or substantially all of which is generated by using kinetic energy of flowing water or wave or tidal energy (otherwise than by diverting or impeding the natural flow of the water or by using physical barriers or dam-like structures) or by geothermal, photovoltaic, wind energy conversion, or hydro-electric equipment, of the taxpayer or the lessee, and equipment ancillary to the fuel cell equipment other than buildings or other structures, transmission equipment, distribution equipment, auxiliary electrical generating equipment and property otherwise included in Class 10 or 17,

(7)Subparagraph (d)‍(xiv) of Class 43.‍1 in Schedule II to the Regulations is replaced by the following:

  • (xiv)property that is used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electricity using kinetic energy of flowing water or wave or tidal energy (otherwise than by diverting or impeding the natural flow of the water or by using physical barriers or dam-like structures), including support structures, control and conditioning equipment, submerged cables and transmission equipment, but not including buildings, distribution equipment, auxiliary electricity generating equipment, property otherwise included in Class 10 and property that would be included in Class 17 if that class were read without reference to its subparagraph (a.‍1)‍(i),

(8)Paragraph (d) of Class 43.‍1 in Schedule II to the Regulations is amended by striking out “or” at the end of subparagraph (xv) and “and” at the end of subparagraph (xvi) and by adding the following after subparagraph (xvi):

  • (xvii)equipment used by the taxpayer, or by a lessee of the taxpayer, for the purpose of charging electric vehicles, including charging stations, transformers, distribution and control panels, circuit breakers, conduits and related wiring, if

    • (A)the equipment is situated

      • (I)on the load side of an electricity meter used for billing purposes by a power utility, or

      • (II)on the generator side of an electricity meter used to measure electricity generated by the taxpayer or the lessee, as the case may be,

    • (B)more than 75 per cent of the electrical equipment capacity is dedicated to charging electric vehicles, and

    • (C)the equipment is

      • (I)an electric vehicle charging station (other than a building) that supplies more than 10 kilowatts of continuous power, or

      • (II)used primarily in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies more than 10 kilowatts of continuous power, or

  • (xviii)fixed location energy storage property that

    • (A)is used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of storing electrical energy

      • (I)including batteries, compressed air energy storage, flywheels, ancillary equipment (including control and conditioning equipment) and related structures, and

      • (II)not including buildings, pumped hydroelectric storage, hydro electric dams and reservoirs, property used solely for backup electrical energy, batteries used in motor vehicles, fuel cell systems where the hydrogen is produced via steam reformation of methane and property otherwise included in Class 10 or 17, and

    • (B)either

      • (I)if the electrical energy to be stored is used in connection with property of the taxpayer or a lessee of the taxpayer, as the case may be, is described in paragraph (c) or would be described in this paragraph if it were read without reference to this subparagraph, or

      • (II)meets the condition that the efficiency of the electrical energy storage system that includes the property – computed by reference to the quantity of electrical energy supplied to and discharged from the electrical energy storage system – is greater than 50%, and

(9)Subsections (1) to (4) and (6) to (8) apply to property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016.

(10)Subsection (5) applies in respect of property acquired for use after March 21, 2017 that has not been used or acquired for use before March 22, 2017.

62(1)Paragraphs (a) and (b) of Class 43.‍2 in Schedule II to the Regulations are replaced by the following:

  • (a)otherwise than because of paragraph (d) of that Class, if the expression “6,000 BTU” in clause (c)‍(i)‍(B) of that Class were read as “4,750 BTU”; or

  • (b)because of paragraph (d) of that Class, if

    • (i)the expression “6,000 BTU” in clause (c)‍(i)‍(B) of that Class were read as “4,750 BTU”,

    • (ii)subclauses (d)‍(xvii)‍(C)‍(I) and (II) of that Class were read as follows:

      • (I)an electric vehicle charging station (other than a building) that supplies at least 90 kilowatts of continuous power, or

      • (II)used

        • 1primarily in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies more than 10 kilowatts of continuous power, and

        • 2in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies at least 90 kilowatts of continuous power, or

  • and

    • (iii)clause (d)‍(xviii)‍(B) of that Class were read without reference to its subclause (II).

(2)Subsection (1) applies to property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016.

63(1)Schedule II to the Regulations is amended by adding the following after Class 53:

CLASS 54

Property that is a zero-emission vehicle that is not included in Class 16 or 55.

CLASS 55

Property that is a zero-emission vehicle that would otherwise be included in Class 16.

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

64Paragraph 1(a) of Schedule IV to the Regulations is replaced by the following:

  • (a)an amount equal to

    • (i)if the property is an accelerated investment incentive property acquired in the year,

      • (A)if the property is acquired before 2024, 1.‍5 times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and

      • (B)if the property is acquired after 2023, 1.‍25 times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and

    • (ii)in any other case, an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and

65Paragraph 2(a) of Schedule IV to the Regulations is replaced by the following:

  • (a)the undepreciated capital cost to the taxpayer as of the end of the taxation year (before making any deduction under section 1100 for the taxation year and computed as if subparagraph 1(a)‍(i) did not apply) of the property

66Section 2 of Schedule V to the Regulations is replaced by the following:

2If the taxpayer has not been granted an allowance in respect of the mine or right for a previous taxation year, the rate for a taxation year is determined by the formula

A(B – C)/D
where

A
is

(a)1.‍5, if the property is an accelerated investment incentive property acquired before 2024,

(b)1.‍25, if the property is an accelerated investment incentive property acquired after 2023, and

(c)1, in any other case;

B
is the capital cost of the mine or right to the taxpayer;

C
is the residual value, if any, of the mine or right; and

D
is

(a)if the taxpayer has acquired a right to remove only a specified number of units, the specified number of units of material that the taxpayer acquired a right to remove, and

(b)in any other case, the number of units of commercially mineable material estimated as being in the mine when the mine or right was acquired.

67(1)Paragraph 3(a) of Schedule V to the Regulations is replaced by the following:

  • (a)if paragraph (b) does not apply,

    • (i)if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and

    • (ii)in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and

(2)The portion of paragraph 3(b) of Schedule V to the Regulations before subparagraph (i) is replaced by the following:

  • (b)where it has been established that the number of units of material remaining to be mined in the previous taxation year was in fact different from the quantity that was employed in determining the rate for the previous year referred to in paragraph (a), or where it has been established that the capital cost of the mine or right is substantially different from the amount that was employed in determining the rate for that previous year, a rate determined by dividing the amount that would be the undepreciated capital cost to the taxpayer of the mine or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year minus the residual value, if any, by

68Section 2 of Schedule VI to the Regulations is replaced by the following:

2If the taxpayer has not been granted an allowance in respect of the limit or right for a previous taxation year, the rate for a taxation year is an amount determined by the formula

A(B – (C +D))/E
where

A
is

(a)1.‍5, if the property is an accelerated investment incentive property acquired before 2024,

(b)1.‍25, if the property is an accelerated investment incentive property acquired after 2023, and

(c)1, in any other case;

B
is the capital cost of the mine or right to the taxpayer;

C
is the residual value of the timber limit;

D
is the total of all amounts expended by the taxpayer after the commencement of the taxpayer’s 1949 taxation year that are included in the capital cost to the taxpayer of the timber limit or right, for surveys, cruises or preparation of prints, maps or plans for the purpose of obtaining a licence or right to cut timber; and

E
is the quantity of timber in the limit or the quantity of timber the taxpayer has obtained a right to cut, as the case may be, (expressed in cords, board feet or cubic metres) as shown by a cruise.

69(1)Paragraph 3(a) of Schedule VI to the Regulations is replaced by the following:

  • (a)if paragraph (b) does not apply,

    • (i)if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and

    • (ii)in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and

(2)Subparagraph 3(b)‍(i) of Schedule VI to the Regulations is replaced by the following:

  • (i)the amount that would be the undepreciated capital cost to the taxpayer of the limit or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year, minus the residual value,

PART 2
GST/HST Measures

R.‍S.‍, c. E-15

Excise Tax Act

1990, c. 45, s. 12(1)

70(1)The definition passenger vehicle in subsection 123(1) of the Excise Tax Act is replaced by the following:

passenger vehicle means a passenger vehicle or a zero-emission passenger vehicle, as those terms are defined in subsection 248(1) of the Income Tax Act; (voiture de tourisme)

(2)Subsection (1) is deemed to have come into force on March 19, 2019.

2007, c. 18, s. 15(1)

71(1)The portion of the description of A in paragraph 201(b) of the French version of the Act before subparagraph (i) is replaced by the following:

A
représente la taxe qui serait payable par lui relativement à la voiture s’il l’avait acquise à l’endroit ci-après au moment donné pour une contrepartie égale au montant qui serait, selon celui des alinéas 13(7)g) à i) de la Loi de l’impôt sur le revenu qui est applicable relativement à la voiture, réputé être, pour l’application de l’article 13 de cette loi, le coût en capital pour un contribuable d’une voiture de tourisme à laquelle l’alinéa en cause s’applique s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b) et au paragraphe 7307(1.‍1) du Règlement de l’impôt sur le revenu :

2007, c. 18, s. 15(1)

(2)The portion of the description of A in paragraph 201(b) of the English version of the Act after subparagraph (ii) is replaced by the following:

  • for consideration equal to the amount that would, under whichever of paragraphs 13(7)‍(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)‍(b) and subsection 7307(1.‍1) of the Income Tax Regulations were read without reference to the description of B,

(3)Subsections (1) and (2) apply to any passenger vehicle that is acquired, imported or brought into a participating province after March 18, 2019.

2007, c. 18, s. 16(1)

72(1)Subsection 202(1) of the Act is replaced by the following:

Improvement to passenger vehicle

202(1)If the consideration paid or payable by a registrant for an improvement to a passenger vehicle of the registrant increases the cost to the registrant of the vehicle to an amount that exceeds the amount that would, under whichever of paragraphs 13(7)‍(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)‍(b) and subsection 7307(1.‍1) of the Income Tax Regulations were read without reference to the description of B, the tax calculated on that excess shall not be included in determining an input tax credit of the registrant for any reporting period of the registrant.

(2)Subsection (1) applies to any improvement to a passenger vehicle that is acquired, imported or brought into a participating province after March 18, 2019.

2017, c. 33, s. 125(1)

73(1)Subparagraph (b)‍(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:

  • (ii)the recipient is not acquiring the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)‍(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;

2017, c. 33, s. 125(2)

(2)Subparagraph (b.‍01)‍(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:

  • (ii)the recipient is not acquiring the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)‍(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;

2017, c. 33, s. 125(4)

(3)Subparagraph (b.‍1)‍(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:

  • (ii)the recipient is not acquiring, as the recipient of the taxable supply, the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)‍(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;

(4)Subsections (1) to (3) apply in respect of supplies made after March 18, 2019.

2017, c. 33, s. 134(F)

74(1)The portion of subsection 235(1) of the French version of the Act before the formula is replaced by the following:

Taxe nette en cas de location de voiture de tourisme

235(1)Lorsque la taxe relative aux fournitures d’une voiture de tourisme, effectuées aux termes d’un bail, devient payable par un inscrit, ou est payée par lui sans être devenue payable, au cours de son année d’imposition, et que le total de la contrepartie des fournitures qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de la Loi de l’impôt sur le revenu s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’article 67.‍3 de cette loi, excède le montant, relatif à cette contrepartie, qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de cette loi s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b), au paragraphe 7307(1.‍1) et à l’alinéa 7307(3)b) du Règlement de l’impôt sur le revenu, le montant obtenu par la formule ci-après est ajouté dans le calcul de la taxe nette de l’inscrit pour la période de déclaration indiquée :

2007, c. 18, s. 32(1)

(2)Paragraph 235(1)‍(b) of the English version of the Act is replaced by the following:

  • (b)the amount in respect of that consideration that would be deductible in computing the registrant’s income for the year for the purposes of the Income Tax Act, if the registrant were a taxpayer under that Act and the formulae in paragraph 7307(1)‍(b), subsection 7307(1.‍1) and paragraph 7307(3)‍(b) of the Income Tax Regulations were read without reference to the description of B,

(3)Subsections (1) and (2) are deemed to have come into force on March 19, 2019.

75(1)Part II of Schedule V to the Act is amended by adding the following after section 7.‍3:

7.‍4A supply of a service if all or substantially all of the consideration for the supply is reasonably attributable to two or more particular services, each of which meets the following conditions:

(a)the particular service is rendered in the course of making the supply; and

(b)a supply of the particular service would be a supply included in any of sections 5 to 7.‍3, if the particular service were supplied separately.

(2)Subsection (1) applies to any supply made after March 19, 2019.

76(1)Part I of Schedule VI to the Act is amended by adding the following after section 5:

6A supply of an ovum, as defined in section 3 of the Assisted Human Reproduction Act.

(2)Subsection (1) is deemed to have come into force on March 20, 2019.

2012, c. 19, s. 32(2)

77(1)Paragraphs (a) and (b) of the definition specified professional in section 1 of Part II of Schedule VI to the Act are replaced by the following:

(a)in respect of a supply included in any of sections 23, 24.‍1 and 35,

(i)a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy, occupational therapy, chiropody or podiatry, or

(ii)a registered nurse, and

(b)in respect of any other supply,

(i)a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy or occupational therapy, or

(ii)a registered nurse.

(2)Subsection (1) applies to any supply made after March 19, 2019.

78(1)Schedule VII to the Act is amended by adding the following after section 12:

13In vitro embryos, as defined in section 3 of the Assisted Human Reproduction Act.

(2)Subsection (1) is deemed to have come into force on March 20, 2019.

79(1)Part I of Schedule X to the Act is amended by adding the following after section 26:

27In vitro embryos, as defined in section 3 of the Assisted Human Reproduction Act.

(2)Subsection (1) is deemed to have come into force on March 20, 2019.

SOR/91-51; SOR/2006-162, s. 6

Streamlined Accounting (GST/HST) Regulations

80(1)The portion of subsection 21.‍3(4) of the Streamlined Accounting (GST/HST) Regulations before paragraph (a) is replaced by the following:

(4)For the purposes of this Part, if any of paragraphs 13(7)‍(g) to (i) of the Income Tax Act deems an amount to be the capital cost to a registrant of a passenger vehicle for the purposes of section 13 of that Act, the amount, if any, by which

(2)The description of B in paragraph 21.‍3(4)‍(b) of the Regulations is replaced by the following:

B
is the amount deemed by any of paragraphs 13(7)‍(g) to (i) of the Income Tax Act to be the capital cost to the registrant of the vehicle for the purposes of section 13 of that Act,

(3)Subsections (1) and (2) are deemed to have come into force on March 19, 2019.

PART 3
Excise Act, 2001

2002, c. 22

2018, c. 12, s. 69(4)

81(1)The description of B in paragraph (a) of the definition dutiable amount in section 2 of the Excise Act, 2001 is replaced by the following:

B
is the percentage set out in paragraph 2(a) of Schedule 7, and

2018, c. 12, s. 69(4)

(2)Paragraphs (a) and (b) of the definition low-THC cannabis product in section 2 of the Act are replaced by the following:

  • (a)consisting entirely of

    • (i)fresh cannabis,

    • (ii)dried cannabis, or

    • (iii)oil that contains anything referred to in item 1 or 3 of Schedule 1 to the Cannabis Act and that is in liquid form at a temperature of 22 ± 2°C; and

  • (b)any part of which does not have a maximum yield of more than 0.‍3% THC w/w, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act. (produit du cannabis à faible teneur en THC)

(3)Section 2 of the Act is amended by adding the following in alphabetical order:

dried cannabis has the same meaning as in subsection 2(1) of the Cannabis Act.‍ (cannabis séché)

fresh cannabis has the same meaning as in subsection 1(1) of the Cannabis Regulations.‍ (cannabis frais)

THCA means delta-9-tetrahydrocannabinolic acid.‍ (ATHC)

total THC of a cannabis product means the total quantity of THC, in milligrams, that the cannabis product could yield, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act.‍ (THC total)

(4)Subsections (1) to (3) come into force, or are deemed to have come into force, on May 1, 2019.

82(1)Section 172 of the Act is replaced by the following:

Application of interest provisions

172For greater certainty, if an amendment to this Act, or an amendment or enactment that relates to this Act, comes into force on, or applies as of, a particular day that is before the day on which the amendment or enactment is assented to or promulgated, the provisions of this Act and of the Customs Act, as the case may be, that relate to the calculation and payment of interest apply in respect of the amendment or enactment as though it had been assented to or promulgated on the particular day.

(2)Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

2018, c. 12, s. 84

83(1)Paragraph (b) of the description of A in section 233.‍1 of the Act is replaced by the following:

(b)the amount obtained by multiplying the fair market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time;

(2)Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

2018, c. 12, s. 86

84(1)Paragraph (b) of the description of A in section 234.‍1 of the Act is replaced by the following:

(b)the amount obtained by multiplying the fair market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time;

(2)Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

2018, c. 12, s. 87(2)

85(1)Subparagraphs 238.‍1(2)‍(b)‍(i) and (ii) of the Act are replaced by the following:

  • (i)the dollar amount set out in subparagraph 1(a)‍(i) of Schedule 7,

  • (ii)if the stamp is in respect of a specified province, three times the dollar amount set out in subparagraph 1(a)‍(i) of Schedule 7, and

(2)Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

2018, c. 12, s. 93

86(1)Sections 1 to 4 of Schedule 7 to the Act are replaced by the following:

1Any cannabis product produced in Canada or imported: the amount equal to

(a)in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of

(i)$0.‍25 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,

(ii)$0.‍075 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,

(iii)$0.‍25 per viable seed included in the cannabis product or used in the production of the cannabis product, and

(iv)$0.‍25 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and

(b)in any other case, $0.‍0025 per milligram of the total THC of the cannabis product.

2Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by

(a)in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.‍5%; and

(b)in any other case, 0%.

3Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by

(a)in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.‍5%; and

(b)in any other case, 0%.

4Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by

(a)in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.‍5%; and

(b)in any other case, 0%.

(2)Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019 except that for the purpose of determining the amount of duty imposed on or after that day under subsection 158.‍19(2) of the Act on any cannabis product that is packaged before that day, section 2 of Schedule 7 to the Act is to be read as it read on April 30, 2019.

PART 4
Various Measures

DIVISION 1
Financial Sector

SUBDIVISION A 
Bank Act

1991, c. 46

Amendments to the Act

2010, c. 12, s. 1961(2)

87(1)Subsection 151(5) of the Bank Act is replaced by the following:
Voting

(5)The by-laws of a federal credit union may, subject to the regulations, allow members to vote, prior to the meeting, subject to any conditions set out in the by-laws,

  • (a)by mail;

  • (b)in person, at one of its branches;

  • (c)by telephonic or electronic means; or

  • (d)by any other prescribed means.

2010, c. 12, s. 1961(2)

(2)Paragraph 151(6)‍(b) of the Act is replaced by the following:
  • (b)respecting the manner and conditions of voting referred to in paragraphs (5)‍(a) to (d) by members of federal credit unions.

1997, c. 15, s. 10

88Subsection 156.‍04(1) of the Act is replaced by the following:
Mandatory solicitation

156.‍04(1)Subject to subsections (2) and 140(2), the management of a bank shall, concurrently with sending notice of a meeting of shareholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting.

1997, c. 15, s. 10

89(1)Subsections 156.‍05(1) and (2) of the Act are replaced by the following:
Soliciting proxies

156.‍05(1)A person shall not solicit proxies unless a proxy circular that is in accordance with the regulations is sent to the auditor or auditors of the bank, to each shareholder whose proxy is solicited and, in the case set out in paragraph (b), to the bank as follows:

  • (a)in the case of solicitation by or on behalf of the management of a bank, a management proxy circular, either as an appendix to or as a separate document accompanying the notice of meeting; and

  • (b)in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.

Exception — limited solicitation

(1.‍1)Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, with two or more joint holders being counted as one shareholder.

Exception — solicitation by public broadcast

(1.‍2)Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

Copy to Superintendent

(2)A person who sends a management proxy circular or dissident’s proxy circular shall concurrently send to the Superintendent a copy of it together with the form of proxy, any other documents for use in connection with the meeting and, in the case of a management proxy circular, a copy of the notice of meeting.

1997, c. 15, s. 10

(2)Subsection 156.‍05(4) of the Act is replaced by the following:
Publication of exemptions

(4)The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).

2005, c. 54, s. 31

90Section 156.‍071 of the Act is replaced by the following:
Regulations

156.‍071The Governor in Council may make regulations

  • (a)respecting the powers that may be granted by a shareholder in a form of proxy;

  • (b)respecting proxy circulars and forms of proxy, including the form and content of those documents; and

  • (c)respecting the conditions under which a bank is exempt from any of the requirements of sections 156.‍02 to 156.‍07.

2005, c. 54

An Act to amend certain Acts in relation to financial institutions
91Subsection 27(2) of the English version of An Act to amend certain Acts in relation to financial institutions is amended by replacing the subparagraphs (a)‍(i) and (ii) of the definition solicitation that it enacts with the following:
  • (i)a request for a proxy whether or not accompanied by or included in a form of proxy,

  • (ii)a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

Coordinating Amendments

2005, c. 54

92(1)In this section, other Act means An Act to amend certain Acts in relation to financial institutions, chapter 54 of the Statutes of Canada, 2005.
(2)If subsection 27(2) of the other Act comes into force before section 91 of this Act, then
  • (a)that section 91 is deemed never to have come into force and is repealed; and

  • (b)subparagraphs (a)‍(i) and (ii) of the definition solicitation in section 156.‍01 of the English version of the Bank Act are replaced by the following:

    • (i)a request for a proxy whether or not accompanied by or included in a form of proxy,

    • (ii)a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

(3)If subsection 27(2) of the other Act comes into force on the same day as section 91 of this Act, then that section 91 is deemed to have come into force before that subsection 27(2).

SUBDIVISION B 
Canadian Payments Act

R.‍S.‍, c. C-21; 2001, c. 9, s. 218

Amendments to the Act

2014, c. 39, s. 337

93Subsection 9.‍1(1) of the Canadian Payments Act is replaced by the following:
Term of office — elected directors

9.‍1(1)The elected directors hold office for a term of three years and are eligible to be elected for two further terms.

2014, c. 39, s. 339

94Subsection 15(1) of the Act is replaced by the following:
Chairperson and Deputy Chairperson

15(1)The elected directors shall elect a Chairperson of the Board and a Deputy Chairperson of the Board from among the directors referred to in paragraph 8(1)‍(d) for a renewable term of up to three years. However, the Chairperson and Deputy Chairperson shall each serve no more than six years in office in total.

95(1)Subsection 18(1) of the Act is amended by adding the following after paragraph (i):

  • (i.‍1)prescribing classes of members of the Stakeholder Advisory Council for the purposes of subsection 21.‍2(7);

2014, c. 39, s. 342(4)

(2)Subparagraph 18(1)‍(k)‍(ii) of the Act is replaced by the following:
  • (ii)the remuneration of directors referred to in paragraph 8(1)‍(d) and of persons referred to in subsection 21.‍2(7),

  • (ii.‍1)the payment of reasonable travel and living expenses incurred by members of the Stakeholder Advisory Council, and

2001, c. 9, s. 238

96(1)Subsection 21.‍2(1) of the Act is replaced by the following:
Stakeholder Advisory Council

21.‍2(1)There shall be a Stakeholder Advisory Council consisting of persons appointed by the Board in consultation with the Minister.

2014, c. 39, s. 349(1); 2001, c. 9, s. 238

(2)Subsections 21.‍2(3) and (4) of the Act are repealed.

2001, c. 9, s. 238; 2007, c. 6, s. 432(F)

(3)Subsections 21.‍2(6) and (7) of the Act are replaced by the following:
Remuneration

(7)The Association may pay the remuneration that is fixed by by-law to the following persons:

  • (a)any member of the Council that falls within a class prescribed by by-laws; and

  • (b)any person who represents the interests of such a member or who is represented by such a member.

Travel and living expenses

(8)The members of the Council may be paid by the Association any reasonable travel and living expenses incurred by them when engaged on the business of the Council while absent from their ordinary places of residence.

Coming into Force
Order in council
97This Subdivision comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 2
Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime

SUBDIVISION A 
Canada Business Corporations Act

R.‍S.‍, c. C-44; 1994, c. 24, s. 1(F)

Amendments to the Act

2018, c. 27, s. 183

98Subsection 21.‍3(1) of the French version of the Canada Business Corporations Act is replaced by the following:
Communication au directeur

21.‍3(1)La société assujettie à l’article 21.‍1 communique au directeur, à sa demande, tout renseignement figurant dans son registre des particuliers ayant un contrôle important.

99The Act is amended by adding the following after section 21.‍3:
Disclosure to investigative bodies

21.‍31(1)On request by an investigative body referred to in subsection (2), a corporation to which section 21.‍1 applies shall, as soon as feasible after the request is served on the corporation or deemed to be received by it, and in the manner specified by the investigative body,

  • (a)provide the investigative body with a copy of the corporation’s register of individuals with significant control; or

  • (b)disclose to the investigative body any information specified by the investigative body that is in the corporation’s register of individuals with significant control.

Investigative bodies

(2)The investigative bodies for the purpose of this section are

  • (a)any police force;

  • (b)the Canada Revenue Agency and any provincial body that has responsibilities similar to those of the Canada Revenue Agency; and

  • (c)any prescribed body that has investigative powers in relation to offences referred to in the schedule.

Requirement

(3)An investigative body may make a request only if it has reasonable grounds to suspect that the copy of the register or the specified information would be relevant to investigating an offence referred to in the schedule and it also has reasonable grounds to suspect that

  • (a)the corporation that is the subject of the request committed the offence or was used to

    • (i)commit the offence,

    • (ii)facilitate the commission of the offence, or

    • (iii)protect from detection or punishment a person who has committed the offence;

  • (b)an individual with significant control over the corporation that is the subject of the request is also an individual with significant control over a corporation that committed the offence or was used to do anything referred to in any of subparagraphs (a)‍(i) to (iii); or

  • (c)an individual with significant control over the corporation that is the subject of the request is also an individual who, directly or indirectly, influences the affairs of an entity, other than a corporation, that committed the offence or was used to do anything referred to in any of subparagraphs (a)‍(i) to (iii).

Service or sending of request

(4)The request must be served on the corporation by leaving the request at the corporation’s registered office as shown in the last notice filed under section 19 or sent to the corporation by registered mail to that registered office and, if so sent, is deemed to be received at the time it would be delivered in the ordinary course of mail, unless there are reasonable grounds for believing that the corporation did not receive the request at that time or at all.

Offence

(5)A corporation that, without reasonable cause, contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $5,000.

Amendment to schedule

(6)The Governor in Council may, by order, amend the schedule by adding or deleting a reference to an offence.

Record

21.‍32(1)Every investigative body that makes a request under subsection 21.‍31(1) shall keep a record setting out the following:

  • (a)the name of the corporation that was the subject of the request;

  • (b)the reasonable grounds on which the request was based;

  • (c)information respecting what was requested;

  • (d)the date the request was served or deemed to have been received;

  • (e)information respecting the service or the sending of the request;

  • (f)all information received from the corporation in response to the request; and

  • (g)any prescribed information.

Report

(2)Every investigative body that makes a request under subsection 21.‍31(1) shall, within 90 days after the end the calendar year in which the request was made, provide the Director with a report setting out the total number of requests made by it in that year and, in the case of the Royal Canadian Mounted Police and the Canada Revenue Agency, the number of requests made in each province.

Non-application

(3)Section 251 does not apply in respect of a contravention of subsection (1) or (2).

2018, c. 27, s. 183

100Subsection 21.‍4(1) of the Act is replaced by the following:
Offence — contravention of subsection 21.‍1(1) or 21.‍31(1)

21.‍4(1)Every director or officer of a corporation who knowingly authorizes, permits or acquiesces in the contravention of subsection 21.‍1(1) or 21.‍31(1) by that corporation commits an offence, whether or not the corporation has been prosecuted or convicted.

101The Act is amended by adding, after section 268, the schedule set out in Schedule 1 to this Act.
Coming into Force
2018, c. 27 or royal assent
102This Subdivision comes into force on the later of the day on which section 183 of the Budget Implementation Act, 2018, No. 2 comes into force and the day on which this Act receives royal assent.

SUBDIVISION B 
Criminal Code

R.‍‍S.‍‍, c. C-46

1997, c. 18, s. 28(1); 2005, c. 44, s. 2(F)

103The portion of subsection 462.‍31(1) of the Criminal Code before paragraph (a) is replaced by the following:
Laundering proceeds of crime

462.‍31(1)Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

SUBDIVISION C 
Proceeds of Crime (Money Laundering) and Terrorist Financing Act

2000, c. 17; 2001, c. 41, s. 48

104Subsection 2(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):
  • (e)virtual currency; and

  • (f)dealing in virtual currencies.

2017, c. 20, par. 439(4)‍(b)

105Subsection 9.‍3(2.‍1) of the Act is replaced by the following:
Measures — other persons

(2.‍1)If the person or entity determines that it is dealing with a person described in paragraph (1)‍(b) or (c) and considers, based on an assessment referred to in subsection 9.‍6(2), that there is a high risk of a money laundering offence or a terrorist activity financing offence being committed, the person or entity shall take the measures referred to in the regulations.

2006, c. 12, s. 8

106Paragraph 9.‍5(a) of the Act is replaced by the following:
  • (a)include with the transfer the name, address and account number or other reference number, if any, of the person or entity that requested it, and any prescribed information;

2014, c. 20, s. 282(1)

107(1)The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited

55(1)Subject to subsections (3) and (6.‍1), sections 52, 53.‍1, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections 65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:

(2)Subsection 55(3) of the Act is amended by adding the following after paragraph (b):

  • (b.‍01)the Agence du revenu du Québec, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes imposed under an Act of Parliament or of the legislature of Quebec administered by the Minister of Revenue of Quebec;

(3)Subsection 55(3) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:
  • (f.‍1)the Competition Bureau, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under the Competition Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act or the Textile Labelling Act or an attempt to commit such an offence; and

2014, c. 20, s. 282(9)

(4)Paragraph 55(7)‍(o) of the Act is replaced by the following:
  • (o)information about the importation or exportation sent to the Centre under Part 2;

2014, c. 20, s. 283(4)

108Paragraph 55.‍1(3)‍(o) of the Act is replaced by the following:
  • (o)information about the importation or exportation sent to the Centre under Part 2;

2014, c. 20, s. 284(5)

109Paragraph 56.‍1(5)‍(o) of the Act is replaced by the following:
  • (o)information about the importation or exportation sent to the Centre under Part 2;

110Section 73.‍21 of the Act is amended by adding the following after subsection (4):
Exception

(4.‍1)Subsection (4) does not apply to the following information:

  • (a)the name of the person or entity that was served with the notice of violation;

  • (b)the nature of the violation; and

  • (c)the amount of the penalty imposed.

2006, c. 12, s. 40

111Section 73.‍22 of the Act is replaced by the following:
Publication

73.‍22In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation or the default, as the case may be, the name of the person or entity and the amount of the applicable penalty:

  • (a)a person or entity is deemed to have committed a violation under subsection 73.‍15(1) or (3);

  • (b)a person or entity is served with a notice of a decision made under subsection 73.‍15(2) indicating that they have committed a violation;

  • (c)a person or entity enters into a compliance agreement with the Centre;

  • (d)a person or entity is issued a notice of default in respect of a compliance agreement they have entered into with the Centre and they

    • (i)pay the amount they are liable to pay under subsection 73.‍18(1),

    • (ii)are served with a notice of a decision made under subsection 73.‍19(2) confirming the Centre’s decision that the compliance agreement has not been complied with, or

    • (iii)are deemed under subsection 73.‍19(3) to have not complied with the compliance agreement.

SUBDIVISION D 
Seized Property Management Act

1993, c. 37

Amendments to the Act
112The long title of the French version of the Seized Property Management Act is replaced by the following:
Loi concernant l’administration de certains biens qui ont fait l’objet d’une saisie ou d’un blocage relativement à certaines infractions, la disposition de certains biens après confiscation et, dans certains cas, le partage du produit de leur disposition
113(1)The definition Her Majesty in section 2 of the Act is replaced by the following:

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

(2)The definition produit de l’aliénation in section 2 of the French version of the Act is replaced by the following:

produit de la disposition Le produit de la vente des biens confisqués ainsi que toute somme d’argent confisquée.‍ (proceeds of disposition)

2001, c. 32, s. 74(1) and c. 41, ss. 83 and 106(2); 2018, c. 12, s. 407 and c. 16, s. 174

114(1)Paragraphs 3(b) and (c) of the Act are replaced by the following:
  • (a.‍1)to authorize the Minister to provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property

    • (i)by means of or in respect of which an offence or violation is committed,

    • (ii)that is used in any manner in connection with the commission of an offence or violation, or

    • (iii)that is intended for use for the purpose of committing an offence or violation;

  • (b)to authorize the Minister to manage property

    • (i)seized or restrained under any Act of Parliament or of the legislature of a province by a person employed in the federal public administration or by a provincial or municipal authority,

    • (ii)forfeited under any Act of Parliament or of the legislature of a province, or

    • (iii)paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

  • (c)to authorize the Minister to dispose of property referred to in paragraph (b) when it is forfeited to Her Majesty and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province;

(2)Section 3 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
  • (e)if property referred to in paragraph (c) is forfeited to Her Majesty in right of a province and disposed of by the Minister with the consent of the government of the province, to provide authority for the sharing of the proceeds of disposition in accordance with directions given by that government.

115(1)Subsection 4(1) of the Act is amended by adding the following after paragraph (b):

  • (b.‍01)seized or restrained under any Act of Parliament or of the legislature of a province if the Minister agrees to be responsible for the custody and management of the property;

2018, c. 12, s. 408

(2)Paragraph 4(1)‍(b.‍2) of the French version of the Act is replaced by the following:
  • b.‍2)les biens qui ont été confisqués au titre du sous-alinéa 715.‍34(1)e)‍(i) du Code criminel;

(3)Subsection 4(1) of the Act is amended by striking out “or” at the end of paragraph (b.‍2) and by adding the following after that paragraph:
  • (b.‍3)if the Minister agrees to be responsible for its custody and management, forfeited under any Act of Parliament, other than under subsection 14(5) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or subparagraph 715.‍34(1)‍(e)‍(i) of the Criminal Code or forfeited under any Act of the legislature of a province; or

2001, c. 41, s. 107(2)

(4)Subsections 4(2) and (3) of the French version of the Act are replaced by the following:
Maintien de la responsabilité

(2)Le ministre demeure responsable, après leur confiscation au profit de Sa Majesté et jusqu’à leur disposition, de la garde et de l’administration des biens visés au paragraphe (1) qui sont en sa possession ou dont il a la charge.

Responsabilité supplémentaire

(3)Outre la garde et l’administration des biens visés aux paragraphes (1) et (2), le ministre est responsable, jusqu’à leur disposition, de celles de l’ensemble des biens confisqués au profit de Sa Majesté, à la suite de toute procédure engagée par le procureur général, qui sont des biens infractionnels, des produits de la criminalité ou des biens confisqués en vertu de l’article 83.‍14 du Code criminel et dont, préalablement à leur confiscation, il n’avait pas la possession ou la charge.

116(1)Section 9 of the Act is amended by adding the following after paragraph (a):

  • (a.‍1)provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property

    • (i)by means of or in respect of which an offence or violation is committed,

    • (ii)that is used in any manner in connection with the commission of an offence or violation, or

    • (iii)that is intended for use for the purpose of committing an offence or violation;

(2)Paragraph 9(c) of the French version of the Act is replaced by the following:
  • c)par dérogation aux dispositions de toute autre loi fédérale mais sous réserve de celles de la Loi sur la gestion des finances publiques concernant les fonds publics et des règlements d’application de la présente loi, disposer des biens visés aux paragraphes 4(1) à (3) qui ont été confisqués au profit de Sa Majesté;

(3)Section 9 of the Act is amended by adding the following after paragraph (c):

  • (c.‍1)if property is forfeited to Her Majesty in right of a province, dispose of the property on behalf of Her Majesty in right of the province with the consent of the government of that province, and share the proceeds of disposition in accordance with directions given by that government;

2018, c. 16, s. 180

117Paragraph 11(a) of the French version of the Act is replaced by the following:
  • a)le produit de la disposition des biens confisqués au profit de Sa Majesté en vertu de l’article 83.‍14, des paragraphes 462.‍37(1), (2) ou (2.‍01) ou 462.‍38(2), du sous-alinéa 462.‍43c)‍(iii) ou des paragraphes 490.‍1(1) ou 490.‍2(2) du Code criminel, des paragraphes 16(1) ou 17(2) de la Loi réglementant certaines drogues et autres substances ou des paragraphes 94(1) ou 95(2) de la Loi sur le cannabis et de ceux qui sont ou ont été visés par une ordonnance de prise en charge et qui ont été confisqués au profit de Sa Majesté en vertu du paragraphe 490(9) du Code criminel, ainsi que sur le produit des biens dont les gouvernements étrangers ont disposé;

118Paragraph 13(2)‍(a) of the French version of the Act is replaced by the following:
  • a)le produit net, calculé de la manière réglementaire, de la disposition des biens visés aux paragraphes 4(1) à (3) qui ont été confisqués au profit de Sa Majesté et dont le ministre a disposé;

1997, c. 18, s. 137(F)

119(1)Paragraph 19(a) of the Act is replaced by the following:
  • (a)respecting the disposal by the Minister of any property referred to in any of subsections 4(1) to (3) on its forfeiture to Her Majesty;

(2)Paragraph 19(c) of the French version of the Act is replaced by the following:
  • c)pour l’application de l’alinéa 13(2)a), préciser les sommes, et la manière de les calculer, à soustraire du produit de la disposition des biens pour établir le produit net de cette disposition;

Terminology
120The French version of the Act is amended by replacing “l’aliénation” with “la disposition” in the following provisions:
  • (a)paragraph 3(d);

  • (b)paragraph 9(d);

  • (c)the heading before section 10;

  • (d)the portion of subsection 10(1) before pargraph (a) and subsection 10(2);

  • (e)subsection 13(1);

  • (f)section 14; and

  • (g)paragraph 19(b).

Consequential Amendments

R.‍S.‍, c. C-46

Criminal Code

2018, c. 12, s. 404

121Subparagraphs 715.‍34(1)‍(e)‍(i) and (ii) of the French version of the Criminal Code are replaced by the following:
  • (i)soit de confisquer au profit de Sa Majesté du chef du Canada les biens, bénéfices ou avantages précisés dans l’accord qui ont été obtenus ou qui proviennent, directement ou indirectement, de l’acte ou de l’omission, pour en disposer conformément à l’alinéa 4(1)b.‍2) de la Loi sur l’administration des biens saisis,

  • (ii)soit de les confisquer au profit de Sa Majesté du chef d’une province, pour qu’il en soit disposé selon les instructions du procureur général,

2000, c. 24

Crimes Against Humanity and War Crimes Act

2001, c. 32, s. 61

122(1)The portion of paragraph 31(a) of the French version of the Crimes Against Humanity and War Crimes Act before subparagraph (i) is replaced by the following:
  • a)le montant net provenant de la disposition des biens visés aux paragraphes 4(1) à (3) de la Loi sur l’administration des biens saisis qui :

(2)Subparagraph 31(a)‍(ii) of the French version of the Act is replaced by the following:
  • (ii)ont été confisqués au profit de Sa Majesté et dont il a disposé;

123Section 32 of the French version of the Act is replaced by the following:
Application : Loi sur l’administration des biens saisis

32Les alinéas 9d), e) et f) et les articles 10, 11 et 13 à 16 de la Loi sur l’administration des biens saisis ne s’appliquent pas aux biens, au produit de leur disposition et aux amendes visés à l’article 31.

2000, c. 17; 2001, c. 41, s. 48

Proceeds of Crime (Money Laundering) and Terrorist Financing Act
124Subsection 29(2) of the French version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Limitation du montant versé

(2)En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme versée en vertu de l’alinéa (1)a) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué.

125Subsection 30(4) of the French version of the Act is replaced by the following:
Limitation du montant versé

(4)En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme qui peut être versée en vertu du paragraphe (3) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué.

126Subsection 35(2) of the French version of the Act is replaced by the following:
Limitation du montant versé

(2)En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme versée en vertu de l’alinéa (1)b) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué.

DIVISION 3
Employment Equity Act

1995, c. 44

Amendment to the Act

127Paragraph 18(1)‍(c) of the Employment Equity Act is replaced by the following:
  • (c)the salary ranges of its employees and the degree of representation of persons who are members of designated groups in each range and in each prescribed subdivision of the range and any other information in relation to the salary of its employees that may be prescribed; and

Coming into Force

Order in council

128This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 4
Payments

Climate Action Support

Definitions

129(1)The following definitions apply in this section.

specified Minister means a minister specified by the Minister of Finance under subsection (2). (ministre responsable)

specified period means a period specified by the Minister of Finance under subsection (3).‍ (période déterminée)

specified province means a province specified by the Minister of Finance under subsection (3).‍ (province déterminée)

Authority of Minister of Finance

(2)The Minister of Finance may specify the ministers who may requisition a payment out of the Consolidated Revenue Fund under subsection (5) in respect of a specified period.

Authority of Minister of Finance

(3)For each specified Minister, the Minister of Finance may specify amounts that may be paid out of the Consolidated Revenue Fund under subsection (5) and the province and period in respect of which the amounts are to be paid, subject to any terms and conditions that the Minister of Finance may stipulate.

Maximum — province and period

(4)The total of all amounts that may be specified by the Minister of Finance under subsection (3) in respect of a specified province and specified period must not exceed the amount determined by the formula

A + B
where

A
is the amount determined by the formula

C − D
where

C
is the estimate of the charges to be levied by Her Majesty in right of Canada under Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and the specified period less the estimate of all amounts (other than the amount determined under the description of D) in respect of the charges to be rebated, refunded or remitted under Part 1 of that Act, or under any other Act of Parliament, in respect of the specified province and the specified period, and

D
is the estimate of all amounts to be deemed by subsection 122.‍8(6) of the Income Tax Act to have been paid as a rebate in respect of the specified province and the specified period; and

B
is the amount determined by the formula

[(E – F) – G] – H
where

E
is the estimate of the charges levied, or to be levied, by Her Majesty in right of Canada under Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and all previous specified periods less the estimate of all amounts (other than the amount determined under the description of F) in respect of the charges that are, or are to be, rebated, refunded or remitted under Part 1 of that Act, or under any other Act of Parliament, in respect of the specified province and all previous specified periods,

F
is the estimate of all amounts deemed, or to be deemed, by subsection 122.‍8(6) of the Income Tax Act to have been paid as a rebate in respect of the specified province and all previous specified periods,

G
is the estimate of all sums paid, or to be paid, out of the Consolidated Revenue Fund under subsection (5) in respect of the specified province and all previous specified periods, and

H
is the total of all amounts distributed by the Minister of National Revenue under subsection 165(2) of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and all previous specified periods.

Payment out of Consolidated Revenue Fund

(5)There may be paid out of the Consolidated Revenue Fund, on the requisition of a specified Minister, in respect of a specified province and specified period and in accordance with any terms and conditions stipulated by the Minister of Finance under subsection (3), sums not exceeding in the aggregate the amount specified by the Minister of Finance under that subsection in respect of that specified Minister, province and period.

Deemed rebate — fuel charges

(6)An amount paid out of the Consolidated Revenue Fund under subsection (5) in respect of a specified province and specified period is deemed, except for the purposes of subsection (4), to have been paid in that period as a rebate in respect of charges levied under Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of that province.

Payment in Relation to Infrastructure

Maximum payment of $2,200,000,000
130Despite section 161 of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of State (Indigenous Services), in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

Federation of Canadian Municipalities

Maximum payment of $950,000,000

131(1)There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Natural Resources, in accordance with the terms and conditions provided for in the agreement referred to in subsection (2), a sum not exceeding $950,000,000 to the Federation of Canadian Municipalities for the purpose of providing funding to the Green Municipal Fund.

Terms and conditions

(2)The Minister of Natural Resources may, with the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Federation of Canadian Municipalities respecting the terms and conditions applicable to the making of the payment referred to in subsection (1) and its use.

Maximum payment of $60,000,000

(3)There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities, in accordance with the terms and conditions provided for in the agreement referred to in subsection (4), a sum not exceeding $60,000,000 to the Federation of Canadian Municipalities for the purpose of providing funding to the Asset Management Fund.

Terms and conditions

(4)The Minister of Infrastructure and Communities may, with the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Federation of Canadian Municipalities respecting the terms and conditions applicable to the making of the payment referred to in subsection (3) and its use.

Shock Trauma Air Rescue Service

Maximum payment of $65,000,000

132(1)There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Public Safety and Emergency Preparedness, in accordance with the terms and conditions provided for in the agreement referred to in subsection (2), a sum not exceeding $65,000,000 to the Shock Trauma Air Rescue Service for the acquisition of new emergency ambulance helicopters.

Terms and conditions

(2)The Minister of Public Safety and Emergency Preparedness may, with the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Shock Trauma Air Rescue Service respecting the terms and conditions applicable to the making of the payment referred to in subsection (1) and its use.

DIVISION 5
Enhancing Retirement Security

R.‍S.‍, c. B-3; 1992, c. 27, s. 2

Bankruptcy and Insolvency Act

133The Bankruptcy and Insolvency Act is amended by adding the following after section 4.‍1:
Duty of Good Faith
Good faith

4.‍2(1)Any interested person in any proceedings under this Act shall act in good faith with respect to those proceedings.

Good faith — powers of court

(2)If the court is satisfied that an interested person fails to act in good faith, on application by any interested person, the court may make any order that it considers appropriate in the circumstances.

2005, c. 47, s. 57(1); 2007, c. 36, s. 32(1)

134Paragraph 67(1)‍(b.‍3) of the Act is replaced by the following:
  • (b.‍3)without restricting the generality of paragraph (b), property in a registered retirement savings plan, a registered retirement income fund or a registered disability savings plan, as those expressions are defined in the Income Tax Act, or in any prescribed plan, other than property contributed to any such plan or fund in the 12 months before the date of bankruptcy,

1997, c. 12, s. 82(1)

135(1)Subsection 101(1) of the Act is replaced by the following:
Inquiry into dividends, redemption of shares or compensation

101(1)When a corporation that is bankrupt has paid a dividend, other than a stock dividend, redeemed or purchased for cancellation any of the shares of the capital stock of the corporation or has paid termination pay, severance pay or incentive benefits or other benefits to a director, an officer or any person who manages or supervises the management of business and affairs of the corporation within the period beginning on the day that is one year before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, the court may, on the application of the trustee, inquire into the transaction to ascertain whether it occurred at a time when the corporation was insolvent or whether it rendered the corporation insolvent.

(2)Section 101 of the Act is amended by adding the following after subsection (2):
Judgment against directors — compensation

(2.‍01)If a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, or solidarily, in the amount of the termination pay, severance pay or incentive benefits or other benefits, with interest on the amount, that has not been paid to the corporation if the court finds that

  • (a)the payment

    • (i)occurred at a time when the corporation was insolvent or rendered the corporation insolvent,

    • (ii)was conspicuously over the fair market value of the consideration received by the corporation, and

    • (iii)was made outside the ordinary course of business; and

  • (b)the directors did not have reasonable grounds to believe that the payment

    • (i)occurred at a time when the corporation was not insolvent or would not render the corporation insolvent,

    • (ii)was not conspicuously over the fair market value of the consideration received by the corporation, and

    • (iii)was made in the ordinary course of business.

1997, c. 12, s. 82(1)

(3)The portion of subsection 101(2.‍1) of the English version of the Act before paragraph (a) is replaced by the following:
Criteria

(2.‍1)In making a determination under paragraph (2)‍(b) or (2.‍01)‍(b), the court shall consider whether the directors acted as prudent and diligent persons would have acted in the same circumstances and whether the directors in good faith relied on

(4)Section 101 of the Act is amended by adding the following after subsection (3):
Directors exonerated by law — compensation

(3.‍1)A judgment under subsection (2.‍01) shall not be entered against or be binding on a director who had, in accordance with any applicable law governing the operation of the corporation, protested against the payment of termination pay, severance pay or incentive benefits or other benefits and had exonerated himself or herself under that law from any resulting liability.

(5)Section 101 of the Act is amended by adding the following after subsection (5):
Onus of proof — directors

(5.‍1)For the purposes of subsection (2.‍01), a director has the onus of proving any of the following:

  • (a)that the payment

    • (i)occurred at a time when the corporation was not insolvent or did not render the corporation insolvent,

    • (ii)was not conspicuously over the fair market value of the consideration received by the corporation, or

    • (iii)was made in the ordinary course of business; or

  • (b)that the director had reasonable grounds to believe that the payment

    • (i)occurred at a time when the corporation was not insolvent or would not render the corporation insolvent,

    • (ii)was not conspicuously over the fair market value of the consideration received by the corporation, or

    • (iii)was made in the ordinary course of business.

R.‍S.‍, c. C-36

Companies’ Creditors Arrangement Act

136The Companies’ Creditors Arrangement Act is amended by adding the following after section 11:
Relief reasonably necessary

11.‍001An order made under section 11 at the same time as an order made under subsection 11.‍02(1) or during the period referred to in an order made under that subsection with respect to an initial application shall be limited to relief that is reasonably necessary for the continued operations of the debtor company in the ordinary course of business during that period.

2005, c. 47, s. 128

137The portion of subsection 11.‍02(1) of the Act before paragraph (a) is replaced by the following:
Stays, etc. — initial application

11.‍02(1)A court may, on an initial application in respect of a debtor company, make an order on any terms that it may impose, effective for the period that the court considers necessary, which period may not be more than 10 days,

138Section 11.‍2 of the Act is amended by adding the following after subsection (4):
Additional factor — initial application

(5)When an application is made under subsection (1) at the same time as an initial application referred to in subsection 11.‍02(1) or during the period referred to in an order made under that subsection, no order shall be made under subsection (1) unless the court is also satisfied that the terms of the loan are limited to what is reasonably necessary for the continued operations of the debtor company in the ordinary course of business during that period.

139The Act is amended by adding the following after section 11.‍8:
Disclosure of financial information

11.‍9(1)A court may, on any application under this Act in respect of a debtor company, by any person interested in the matter and on notice to any interested person who is likely to be affected by an order made under this section, make an order requiring that person to disclose any aspect of their economic interest in respect of a debtor company, on any terms that the court considers appropriate.

Factors to be considered

(2)In deciding whether to make an order, the court is to consider, among other things,

  • (a)whether the monitor approved the proposed disclosure;

  • (b)whether the disclosed information would enhance the prospects of a viable compromise or arrangement being made in respect of the debtor company; and

  • (c)whether any interested person would be materially prejudiced as a result of the disclosure.

Meaning of economic interest

(3)In this section, economic interest includes

  • (a)a claim, an eligible financial contract, an option or a mortgage, hypothec, pledge, charge, lien or any other security interest;

  • (b)the consideration paid for any right or interest, including those referred to in paragraph (a); or

  • (c)any other prescribed right or interest.

140The Act is amended by adding the following before the heading “Claims” before section 19:
Duty of Good Faith
Good faith

18.‍6(1)Any interested person in any proceedings under this Act shall act in good faith with respect to those proceedings.

Good faith — powers of court

(2)If the court is satisfied that an interested person fails to act in good faith, on application by an interested person, the court may make any order that it considers appropriate in the circumstances.

R.‍S.‍, c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

141Section 122 of the Canada Business Corporations Act is amended by adding the following after subsection (1):
Best interests of the corporation

(1.‍1)When acting with a view to the best interests of the corporation under paragraph (1)‍(a), the directors and officers of the corporation may consider, but are not limited to, the following factors:

  • (a)the interests of

    • (i)shareholders,

    • (ii)employees,

    • (iii)retirees and pensioners,

    • (iv)creditors,

    • (v)consumers, and

    • (vi)governments;

  • (b)the environment; and

  • (c)the long-term interests of the corporation.

142The Act is amended by adding the following after section 125:
Development of an approach on remuneration

125.‍1A prescribed corporation shall develop an approach with respect to the remuneration of the directors and employees of the corporation who are “members of senior management” as defined by regulation.

143(1)The Act is amended by adding the following after section 172:
PART XIV.‍1
Disclosure Relating to Diversity
Diversity in corporations

172.‍1The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting diversity among the directors and “members of senior management” as defined by regulation.

Information to shareholders

172.‍2(1)The corporation shall provide the information referred to in section 172.‍1 to each shareholder, except to a shareholder who has informed the corporation in writing that they do not want to receive that information, by sending the information along with the notice referred to in subsection 135(1) or by making the information available along with a proxy circular referred to in subsection 150(1).

Information to Director

(2)The corporation shall concurrently send the information referred to in section 172.‍1 to the Director.

(2)The heading before section 172.‍1 of the Act is replaced by the following:
Disclosure Relating to Diversity, Well-being and Remuneration
(3)Section 172.‍2 of the Act is replaced by the following:
Information respecting well-being

172.‍2The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting the well-being of employees, retirees and pensioners.

Recovery of benefits

172.‍3The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting the recovery of incentive benefits or other benefits, which is included in the remuneration referred to in section 125, paid to directors and employees of the corporation who are “members of senior management” as defined by regulation.

Approach on remuneration

172.‍4(1)The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the approach with respect to remuneration referred to in section 125.‍1.

Non-binding vote

(2)The shareholders are to vote on the approach placed before them by the directors under subsection (1). The results are not binding on the corporation.

Disclosure of results