Bill C-97: An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures

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First Reading Second Reading Third Reading Royal Assent LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHRECOMMENDATIONRECOMMENDATIONSUMMARYSUMMARYTABLE OF PROVISIONSTABLE OF PROVISIONS1 Short Title1 Short Title2 PART 1 Income Tax Act and Other Legislation2 PART 1 Income Tax Act and Other Legislation2 Income Tax Act2 Income Tax Act45 Canada Pension Plan45 Canada Pension Plan45 Amendments to the Act45 Amendments to the Act47 Coming into Force47 Coming into Force48 Cultural Property Export and Import Act48 Cultural Property Export and Import Act50 Employment Insurance Act50 Employment Insurance Act52 Income Tax Regulations52 Income Tax Regulations70 PART 2 GST/HST Measures70 PART 2 GST/HST Measures70 Excise Tax Act70 Excise Tax Act80 Streamlined Accounting (GST/HST) Regulations80 Streamlined Accounting (GST/HST) Regulations81 PART 3 Excise Act, 200181 PART 3 Excise Act, 200187 PART 4 Various Measures87 PART 4 Various Measures87 DIVISION 1 Financial Sector87 DIVISION 1 Financial Sector87 SUBDIVISION A Bank Act87 SUBDIVISION A Bank Act93 SUBDIVISION B Canadian Payments Act93 SUBDIVISION B Canadian Payments Act98 DIVISION 2 Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime98 DIVISION 2 Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime98 SUBDIVISION A Canada Business Corporations Act98 SUBDIVISION A Canada Business Corporations Act103 SUBDIVISION B Criminal Code103 SUBDIVISION B Criminal Code104 SUBDIVISION C Proceeds of Crime (Money Laundering) and Terrorist Financing Act104 SUBDIVISION C Proceeds of Crime (Money Laundering) and Terrorist Financing Act112 SUBDIVISION D Seized Property Management Act112 SUBDIVISION D Seized Property Management Act127 DIVISION 3 Employment Equity Act127 DIVISION 3 Employment Equity Act127 Amendment to the Act127 Amendment to the Act128 Coming into Force128 Coming into Force129 DIVISION 4 Payments129 DIVISION 4 Payments129 Climate Action Support129 Climate Action Support130 Payment in Relation to Infrastructure130 Payment in Relation to Infrastructure131 Federation of Canadian Municipalities131 Federation of Canadian Municipalities132 Shock Trauma Air Rescue Service132 Shock Trauma Air Rescue Service133 DIVISION 5 Enhancing Retirement Security133 DIVISION 5 Enhancing Retirement Security133 Bankruptcy and Insolvency Act133 Bankruptcy and Insolvency Act136 Companies’ Creditors Arrangement Act136 Companies’ Creditors Arrangement Act141 Canada Business Corporations Act141 Canada Business Corporations Act145 Pension Benefits Standards Act, 1985145 Pension Benefits Standards Act, 1985149 Transitional Provisions149 Transitional Provisions151 Coordinating Amendments151 Coordinating Amendments152 Coming into Force152 Coming into Force153 DIVISION 6 Canada Pension Plan153 DIVISION 6 Canada Pension Plan153 Amendments to the Act153 Amendments to the Act155 Coming into Force155 Coming into Force156 DIVISION 7 Old Age Security Act156 DIVISION 7 Old Age Security Act157 DIVISION 8 Non-permitted Surplus157 DIVISION 8 Non-permitted Surplus157 Canadian Forces Superannuation Act157 Canadian Forces Superannuation Act158 Public Service Superannuation Act158 Public Service Superannuation Act159 Royal Canadian Mounted Police Superannuation Act159 Royal Canadian Mounted Police Superannuation Act160 DIVISION 9 Regulatory Modernization160 DIVISION 9 Regulatory Modernization160 SUBDIVISION A Bankruptcy and Insolvency Act160 SUBDIVISION A Bankruptcy and Insolvency Act162 SUBDIVISION B Electricity and Gas Inspection Act162 SUBDIVISION B Electricity and Gas Inspection Act163 SUBDIVISION C Food and Drugs Act163 SUBDIVISION C Food and Drugs Act185 SUBDIVISION D Importation of Intoxicating Liquors Act185 SUBDIVISION D Importation of Intoxicating Liquors Act190 SUBDIVISION E Precious Metals Marking Act190 SUBDIVISION E Precious Metals Marking Act191 SUBDIVISION F Textile Labelling Act191 SUBDIVISION F Textile Labelling Act192 SUBDIVISION G Weights and Measures Act192 SUBDIVISION G Weights and Measures Act198 SUBDIVISION H Hazardous Materials Information Review Act198 SUBDIVISION H Hazardous Materials Information Review Act214 SUBDIVISION I Canada Transportation Act214 SUBDIVISION I Canada Transportation Act217 SUBDIVISION J Pest Control Products Act217 SUBDIVISION J Pest Control Products Act220 SUBDIVISION K Quarantine Act220 SUBDIVISION K Quarantine Act221 SUBDIVISION L Human Pathogens and Toxins Act221 SUBDIVISION L Human Pathogens and Toxins Act222 DIVISION 10 Royal Canadian Mounted Police Act222 DIVISION 10 Royal Canadian Mounted Police Act222 Amendments to the Act222 Amendments to the Act223 Transitional Provision223 Transitional Provision224 Coming into Force224 Coming into Force225 DIVISION 11 Pilotage Act225 DIVISION 11 Pilotage Act225 Amendments to the Act225 Amendments to the Act259 Transitional Provisions259 Transitional Provisions266 Consequential Amendments266 Consequential Amendments268 Coordinating Amendment268 Coordinating Amendment269 Coming into Force269 Coming into Force270 DIVISION 12 Security Screening Services Commercialization270 DIVISION 12 Security Screening Services Commercialization270 Security Screening Services Commercialization Act270 Security Screening Services Commercialization Act271 Consequential Amendments271 Consequential Amendments279 Coming into Force279 Coming into Force280 DIVISION 13 Aviation Industry Indemnity Act280 DIVISION 13 Aviation Industry Indemnity Act290 DIVISION 14 Transportation Appeal Tribunal of Canada Act290 DIVISION 14 Transportation Appeal Tribunal of Canada Act291 DIVISION 15 Immigration and Citizenship Representation or Advice291 DIVISION 15 Immigration and Citizenship Representation or Advice292 Enactment of Act292 Enactment of Act293 Related Amendments293 Related Amendments298 Consequential Amendments298 Consequential Amendments300 Coming into Force300 Coming into Force301 DIVISION 16 Immigration and Refugee Protection Act301 DIVISION 16 Immigration and Refugee Protection Act301 Amendments to the Act301 Amendments to the Act309 Transitional Provisions309 Transitional Provisions310 Coordinating Amendments310 Coordinating Amendments311 DIVISION 17 Federal Courts Act311 DIVISION 17 Federal Courts Act312 DIVISION 18 National Housing Act312 DIVISION 18 National Housing Act313 DIVISION 19 National Housing Strategy Act313 DIVISION 19 National Housing Strategy Act313 Enactment of Act313 Enactment of Act314 Coming into Force314 Coming into Force315 DIVISION 20 Poverty Reduction Act315 DIVISION 20 Poverty Reduction Act315 Enactment of Act315 Enactment of Act316 Repeal316 Repeal317 Coming into Force317 Coming into Force318 DIVISION 21 Veterans Well-being Act318 DIVISION 21 Veterans Well-being Act318 Amendments to the Act318 Amendments to the Act322 Coming into Force322 Coming into Force323 DIVISION 22 Student Loans323 DIVISION 22 Student Loans323 Canada Student Loans Act323 Canada Student Loans Act325 Canada Student Financial Assistance Act325 Canada Student Financial Assistance Act327 Coming into Force327 Coming into Force328 DIVISION 23 Canada National Parks Act328 DIVISION 23 Canada National Parks Act328 Amendments to the Act328 Amendments to the Act333 Coming into Force333 Coming into Force334 DIVISION 24 Parks Canada Agency Act334 DIVISION 24 Parks Canada Agency Act334 Amendments to the Act334 Amendments to the Act335 Coming into Force335 Coming into Force336 DIVISION 25 Various Measures Related to Indigenous Matters336 DIVISION 25 Various Measures Related to Indigenous Matters336 SUBDIVISION A Department of Indigenous Services Act336 SUBDIVISION A Department of Indigenous Services Act336.1 Coming into Force336.1 Coming into Force337 SUBDIVISION B Department of Crown-Indigenous Relations and Northern Affairs Act337 SUBDIVISION B Department of Crown-Indigenous Relations and Northern Affairs Act337.1 Coming into Force337.1 Coming into Force338 SUBDIVISION C Transitional Provisions, Consequential Amendments, Coordinating Amendments and Repeal338 SUBDIVISION C Transitional Provisions, Consequential Amendments, Coordinating Amendments and Repeal384 SUBDIVISION D Various Amendments384 SUBDIVISION D Various Amendments387 DIVISION 26 Federal Prompt Payment for Construction Work Act 387 DIVISION 26 Federal Prompt Payment for Construction Work Act 387 Enactment of Act387 Enactment of Act388 Coming into Force388 Coming into ForceSCHEDULE 1SCHEDULE 1SCHEDULE 2SCHEDULE 2SCHEDULE 3SCHEDULE 3SCHEDULE 4SCHEDULE 4 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: 13 There 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: 16.‍1 The 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. 16.‍3 A 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. 16.‍4 The 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: 17.‍1 The 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 1 This 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 67.‍2 For 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 67.‍41 If 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 118.‍92 In 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: 1 the 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), 2 the 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 3 the 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 exceeds (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 45 The 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 50 The 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 “33 1/3 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 1 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, and 2 in 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. 64 Paragraph 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 65 Paragraph 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 66 Section 2 of Schedule V to the Regulations is replaced by the following: 2 If 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 68 Section 2 of Schedule VI to the Regulations is replaced by the following: 2 If 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: 7.‍4 A 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: 6 A 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: 13 In 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: 27 In 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  2002, c. 22 Excise Act, 2001 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 172 For 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: 1 Any 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. 2 Any 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%. 3 Any 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%. 4 Any 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  1991, c. 46 Bank Act 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 88 Subsection 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 90 Section 156.‍071 of the Act is replaced by the following: Regulations 156.‍071 The 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 91 Subsection 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  R.‍S.‍, c. C-21; 2001, c. 9, s. 218 Canadian Payments Act Amendments to the Act 2014, c. 39, s. 337 93 Subsection 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 94 Subsection 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 97 This 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  R.‍S.‍, c. C-44; 1994, c. 24, s. 1(F) Canada Business Corporations Act Amendments to the Act 2018, c. 27, s. 183 98 Subsection 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. 99 The 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. 183 100 Subsection 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. 101 The 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 102 This 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  R.‍‍S.‍‍, c. C-46 Criminal Code 1997, c. 18, s. 28(1); 2005, c. 44, s. 2(F) 103 The 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  2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 104 Subsection 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) 105 Subsection 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. 8 106 Paragraph 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) 108 Paragraph 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) 109 Paragraph 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; 110 Section 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. 40 111 Section 73.‍22 of the Act is replaced by the following: Publication 73.‍22 In 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  1993, c. 37 Seized Property Management Act Amendments to the Act 112 The 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. 180 117 Paragraph 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; 118 Paragraph 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 120 The 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. 404 121 Subparagraphs 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; 123 Section 32 of the French version of the Act is replaced by the following: Application : Loi sur l’administration des biens saisis 32 Les 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 124 Subsection 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. 125 Subsection 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. 126 Subsection 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  1995, c. 44 Employment Equity Act Amendment to the Act 127 Paragraph 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 128 This 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 $2,200,000,000 130 Despite 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 133 The 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) 134 Paragraph 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 136 The Companies’ Creditors Arrangement Act is amended by adding the following after section 11: Relief reasonably necessary 11.‍001 An 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. 128 137 The 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, 138 Section 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. 139 The 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. 140 The 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 141 Section 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. 142 The Act is amended by adding the following after section 125: Development of an approach on remuneration 125.‍1 A 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 172.‍1 The 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 172.‍2 The 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 172.‍3 The 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 (3) The corporation shall disclose the results of the vote to the shareholders. Information to shareholders 172.‍5 (1) The corporation shall provide the information referred to in sections 172.‍1 to 172.‍4 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 sections 172.‍1 to 172.‍4 to the Director. 144 Subsection 261(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by adding the following after paragraph (i): (j) defining, for the purposes of section 172.‍2, the expressions “retirees” and “pensioners”; and (k) prescribing the time and manner in which the results of the vote referred to in subsection 172.‍4(3) are to be disclosed to the shareholders. R.‍S.‍, c. 32 (2nd Supp.‍) Pension Benefits Standards Act, 1985 145 (1) The definition cessation of membership in subsection 2(1) of the Pension Benefits Standards Act, 1985 is replaced by the following: cessation of membership in a pension plan has the meaning assigned by subsections (2) and (2.‍1); (fin de participation) 2010, c. 12, s. 1786(5)‍(F) (2) Paragraph (b) of the definition former member in subsection 2(1) of the French version of the Act is replaced by the following: (b) à l’article 9.‍2 et à l’alinéa 28(1)b.‍1), du participant dont la participation a pris fin ou qui a pris sa retraite, à l’exception de celui qui, avant la cessation totale du régime, s’est vu acheter une prestation viagère qui satisfait, en application de l’article 17.‍2, à l’ensemble des obligations prévues par le régime relativement à ses prestations ou relativement à toute autre prestation ou toute option visées à l’alinéa 17b), a, au titre de l’article 26, transféré ses droits à pension ou utilisé ceux-ci pour acheter une prestation viagère, ou a vu ses prestations de pension transférées à un autre régime de pension; 2010, c. 12, s. 1786(3)‍(E) (3) Subparagraph (b)‍(i) of the definition former member in subsection 2(1) of the English version of the Act is replaced by the following: (i) had a life annuity purchased for them that, under section 17.‍‍2, satisfies all of the plan’s obligations with respect to their pension benefits or any other benefit or option referred to in paragraph 17(b), (i.‍1) transferred their pension benefit credit under section 26, (4) Section 2 of the Act is amended by adding the following after subsection (2): For greater certainty (2.‍1) For greater certainty, a member of a pension plan ceases membership in the plan when the whole or part of that plan is terminated. 146 The Act is amended by adding the following after section 17: Entitlement Not Affected For greater certainty 17.‍1 For greater certainty, a pension plan is not to provide that a pension benefit, or any other benefit or option referred to in paragraph 17(b), or a member’s entitlement to such a pension benefit or option, is affected when a plan is terminated. 147 The Act is amended by adding the following after section 17.‍1: Life Annuities Life annuity in lieu of pension benefit 17.‍2 (1) The purchase of an immediate or deferred life annuity by the administrator of a pension plan for a former member or survivor satisfies an obligation under the plan to provide a pension benefit arising from a defined benefit provision  —  as well as, in the case of a deferred life annuity, an obligation under the pension plan to provide any other benefit or option described in paragraph 17(b) that relates to that pension benefit  —  to the former member or survivor if (a) the plan authorizes the purchase of the life annuity in satisfaction of that obligation; (b) the life annuity is of the prescribed kind; (c) the life annuity provides the former member or survivor with payments that (i) in the case of an immediate life annuity, are in the same amount and form as the pension benefit to which the former member or survivor would otherwise be entitled under the terms of the pension plan that are in place on the day of the purchase, or (ii) in the case of a deferred life annuity, are in the same amount as the pension benefit, and the related benefit or option described in paragraph 17(b), to which the former member or survivor would otherwise be entitled under the terms of the pension plan that are in place on the day of the purchase; and (d) the administrator complies with the prescribed notice requirements. Partial satisfaction of the obligation (2) Despite paragraph (1)‍(c), the administrator may purchase a life annuity that provides the former member or survivor with payments that are in an amount that is the same as a part of the pension benefit or, in the case of a deferred life annuity, as a part of the pension benefit and related benefit or option. However, that purchase satisfies the obligation under the plan only with respect to that part. Superintendent’s approval (3) The administrator shall obtain the Superintendent’s approval of the person from whom the administrator proposes to purchase the life annuity if that person is not a life company as defined in subsection 2(1) of the Insurance Companies Act. Application of section 26.‍‍1 (4) For greater certainty, section 26.‍‍1 applies to the purchase of a life annuity under this section. 2010, c. 12, s. 1808 148 Subsection 21(1) of the Act is replaced by the following: Minimum pension benefit 21 (1) Subject to paragraph 26(3)‍(b), if a member of a defined benefit plan retires, ceases to be a member or dies, the pension benefit in respect of the member is to be increased by the amount that can be provided by the amount of the aggregate of the member’s contributions, other than additional voluntary contributions, together with interest in accordance with section 19, that exceeds 50 per cent of the pension benefit credit in respect of the member’s membership in the plan. Transitional Provisions 149 Section 4.‍2, paragraph 67(1)‍(b.‍3) and subsections 101(1), (2.‍01), (2.‍1), (3.‍1) and (5.‍1) of the Bankruptcy and Insolvency Act, as enacted by sections 133 to 135, apply only in respect of proceedings that are commenced under that Act on or after the day on which that section, subsection or paragraph, as the case may be, comes into force. 150 Section 11.‍001, subsections 11.‍02(1) and 11.‍2(5) and sections 11.‍9 and 18.‍6 of the Companies’ Creditors Arrangement Act, as enacted by sections 136 to 140, apply only in respect of proceedings that are commenced under that Act on or after the day on which that section or subsection, as the case may be, comes into force. Coordinating Amendments 2018, c. 8 151 (1) In this section, other Act means An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act, chapter 8 of the Statutes of Canada, 2018. (2) If subsection 143(1) of this Act comes into force before section 24 of the other Act, then that section 24 is repealed. (3) If section 24 of the other Act comes into force before subsection 143(1) of this Act, then that subsection 143(1) is replaced by the following: 143 (1) Section 172.‍1 of the Act is replaced by the following: Diversity in corporations 172.‍1 The 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. (4) If section 24 of the other Act comes into force on the same day as subsection 143(1) of this Act, then that section 24 is deemed never to have come into force and is repealed. Coming into Force Order in council 152 (1) Sections 133 to 140 and 142 and subsection 143(1) come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Subsections 143(2) and (3) and section 144 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the first day on which both section 142 and subsection 143(1) are in force. Order in council (3) Subsections 145(2) and (3) and section 147 come into force on a day to be fixed by order of the Governor in Council. DIVISION 6  R.‍S.‍, c. C-8 Canada Pension Plan Amendments to the Act 153 Section 60 of the Canada Pension Plan is amended by adding the following after subsection (1.‍1): Application for retirement pension waived (1.‍2) The Minister may waive the requirement under subsection (1) for an application for a retirement pension to be made by a person or on their behalf if the Minister is satisfied that (a) the person is a contributor; (b) the person is 70 years old or more; and (c) at least one of the following applies in respect of the person: (i) the person is in receipt of a benefit under this Act, the Old Age Security Act or a provincial pension plan, and (ii) a return of income was filed by the person or on their behalf under the Income Tax Act in respect of the year before the year in which the Minister considers waiving the requirement. Effect of waiver (1.‍3) If the requirement for an application for a retirement pension is waived, the application is deemed to have been made and received on the day on which the requirement is waived. 154 Section 67 of the Act is amended by adding the following after subsection (3.‍1): Retirement pension — application waived (3.‍2) For a retirement pension in respect of which the requirement to make the application was waived under subsection 60(1.‍2), if payment of the retirement pension is approved, the pension is payable for each of the following months: (a) each month after the month in which the requirement was waived; and (b) each of the 12 months in which the beneficiary had reached the age of 70 — including the month in which they reached that age — before the first month referred to in paragraph (a). Coming into Force January 1, 2020 155 This Division comes into force on January 1, 2020. DIVISION 7  R.‍S.‍, c. O-9 Old Age Security Act 2008, c. 28, s. 156 156 (1) Clause (a)‍(i)‍(B) of the definition income in section 2 of the Old Age Security Act is replaced by the following: (B) for the purpose of determining benefits payable in respect of any month after June 2008 but before July 2020, the lesser of $3,500 and the person’s income from office or employment for the year, (2) The definition income in section 2 of the Act is amended by adding the following after paragraph (b): (b.‍1) for the purpose of determining benefits payable in respect of any month after June 2020, there shall be deducted from a person’s combined amount — which is equal to the aggregate of the person’s income from office or employment for the year, as reduced in accordance with paragraph (a), and the person’s self-employment earnings for the year, as reduced in accordance with paragraph (b), if those reduced self-employment earnings are greater than zero — an amount that is equal to the aggregate of (i) the lesser of $5,000 and the combined amount, and (ii) if the combined amount is greater than $5,000, the lesser of $5,000 and half of the amount by which the combined amount exceeds $5,000, DIVISION 8  Non-permitted Surplus R.‍S.‍, c. C-17 Canadian Forces Superannuation Act 1999, c. 34, s. 152 157 Subsection 55.‍4(5) of the Canadian Forces Superannuation Act is replaced by the following: Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Canadian Forces Pension Fund, as determined by the actuarial valuation report referred to in section 56 or one requested by the President of the Treasury Board, is greater than 25 per cent of the amount of liabilities in respect of contributors, as determined in that report. R.‍S.‍, c. P-36 Public Service Superannuation Act 1999, c. 34, s. 96 158 Subsection 44.‍4(5) of the Public Service Superannuation Act is replaced by the following: Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Public Service Pension Fund, as determined by the actuarial valuation report referred to in section 45 or one requested by the Minister, is greater than 25 percent of the amount of liabilities in respect of contributors, as determined in that report. R.‍S.‍, c. R-11 Royal Canadian Mounted Police Superannuation Act 1999, c. 34, s. 199 159 Subsection 29.‍4(5) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following: Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Royal Canadian Mounted Police Pension Fund, as determined by the actuarial valuation report referred to in section 30 or one requested by the President of the Treasury Board, is greater than 25 per cent of the amount of liabilities in respect of contributors, as determined in that report. DIVISION 9  Regulatory Modernization SUBDIVISION A  R.‍S.‍, c. B-3; 1992, c. 27, s. 2 Bankruptcy and Insolvency Act 1992, c. 27, s. 9(1) 160 Subsection 13.‍2(2) of the Bankruptcy and Insolvency Act is replaced by the following: Annual fees (2) Each year, starting with the year in which a licence is issued to a trustee, the trustee shall pay the prescribed fees on or before the prescribed date or, if there is no prescribed date, on or before December 31. 161 Subsection 26(1) of the Act is replaced by the following: Books to be kept by trustee 26 (1) A trustee shall keep proper books and records of the administration of each estate to which the trustee is appointed, in which shall be entered a record of all moneys received or disbursed by the trustee, a list of all creditors filing claims, the amount and disposition of those claims, a copy of all notices sent out, a signed copy of all minutes, proceedings had, and resolutions passed at any meeting of creditors or inspectors, court orders and all other matters or proceedings as may be necessary to give a complete account of the trustee’s administration of the estate. SUBDIVISION B  R.‍S.‍, c. E-4 Electricity and Gas Inspection Act 162 The Electricity and Gas Inspection Act is amended by adding the following after section 28: Ministerial regulations 28.‍1 (1) Despite anything in the Weights and Measures Act, the Minister may make regulations prescribing units of measurement for electricity and gas sales in addition to the units specified in section 3. Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 28(1)‍(b) that has the same effect as the regulation comes into force, (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed. SUBDIVISION C  R.‍S.‍, c. F-27 Food and Drugs Act Amendments to the Act R.‍S.‍, c. 27 (1st Supp.‍), s. 191; 2014, c. 24, s. 2(3) 163 (1) The definitions sell and therapeutic product authorization in section 2 of the Food and Drugs Act are replaced by the following: sell includes (a) offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration, and (b) lease, offer for lease, expose for lease or have in possession for lease; (vente) therapeutic product authorization means (a) an authorization, including a licence, that authorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product and that is issued under subsection 21.‍92(1) or the regulations, or (b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended; (autorisation relative à un produit thérapeutique) (2) The definition therapeutic product authorization in section 2 of the Act is replaced by the following: therapeutic product authorization means (a) an authorization, including a licence, that (i) authorizes the conduct of a clinical trial in respect of a therapeutic product and is issued under the regulations, or (ii) authorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product and is issued under subsection 21.‍92(1) or the regulations, or (b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended; (autorisation relative à un produit thérapeutique) (3) Section 2 of the Act is amended by adding the following in alphabetical order: advanced therapeutic product means a therapeutic product that is described in Schedule G or that belongs to a class of therapeutic products that is described in that Schedule; (produit thérapeutique innovant) (4) Section 2 of the Act is amended by adding the following in alphabetical order: clinical trial means a study, involving human subjects, for the purpose of discovering or verifying the effects of a drug, a device or a food for a special dietary purpose; (essai clinique) food for a special dietary purpose means a food that has been specially processed or formulated (a) to meet the particular requirements of an individual in whom a physical or physiological condition exists as a result of a disease, disorder or abnormal physical state, or (b) to be the sole or primary source of nutrition for an individual; (aliment à des fins diététiques spéciales) 164 The Act is amended by adding the following after section 2.‍3: Classification — thing 2.‍4 (1) If the Minister believes that a thing falls within two or more of the definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the thing to a single part of Schedule A that corresponds to one of the definitions in which the thing is believed to fall. Classification — class of things (2) If the Minister believes that every thing in a class of things falls within the same two or more definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the class to a single part of Schedule A that corresponds to one of the definitions in which the things in the class are believed to fall. Factors (3) Before adding a description of a thing or a class of things to a part of Schedule A, the Minister shall consider the following factors: (a) the risk of injury that the thing or things present to human health; (b) the protection and promotion of health; (c) the possibility of a person being deceived or misled; (d) the purposes for which the thing or things are sold, represented or used and the history of use of the thing or things; (e) the treatment of similar things that have been regulated as foods, drugs, cosmetics or devices under this Act; and (f) the prescribed factors, if any. Effect of addition (4) A thing that either is described in or belongs to a class of things that is described in (a) Part 1 of Schedule A falls within the definition food in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); (b) Part 2 of Schedule A falls within the definition drug in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); (c) Part 3 of Schedule A falls within the definition cosmetic in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); and (d) Part 4 of Schedule A falls within the definition device in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2). Deletion from Schedule A (5) The Minister may, by order, delete the description of a thing or a class of things from Schedule A. Interpretation — definitions food, drug, cosmetic and device (6) For greater certainty, the definitions food, drug, cosmetic and device in section 2 are subject to subsection (4). 1993, c. 34, s. 72(F) 165 Subsections 3(1) and (2) of the Act are replaced by the following: Prohibited advertising 3 (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.‍1. Prohibited sales (2) No person shall sell any food, drug, cosmetic or device if (a) it is represented by label as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.‍1; or (b) the person advertises it to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.‍1. 166 The Act is amended by adding the following after section 3: Prohibition — clinical trials 3.‍1 No person shall conduct a clinical trial in respect of a drug, device or prescribed food for a special dietary purpose unless the person holds an authorization issued under the regulations that authorizes the conduct of the clinical trial. Terms and conditions — clinical trial authorizations 3.‍2 The holder of an authorization referred to in section 3.‍1 shall comply with any terms and conditions of the authorization that are imposed by the Minister under regulations made under paragraph 30(1)‍(b.‍3). Duty to publicize clinical trial information 3.‍3 The holder of an authorization referred to in section 3.‍1 shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner. 2014, c. 24, s. 3 167 Section 21.‍7 of the Act is replaced by the following: Terms and conditions of authorizations 21.‍7 The holder of a therapeutic product authorization shall comply with any terms and conditions of the authorization that are imposed by the Minister under subsection 21.‍92(3) or under regulations made under paragraph 30(1.‍2)‍(b). 2014, c. 24, s. 3 168 (1) Section 21.‍71 of the French version of the Act is replaced by the following: Essais cliniques ou expérimentaux 21.‍71 Le titulaire d’une autorisation relative à un produit thérapeutique visée à l’alinéa 30(1.‍2)c) veille à rendre publics, selon les modalités réglementaires — de temps ou autres —, les renseignements réglementaires concernant les essais cliniques ou expérimentaux. (2) Section 21.‍71 of the Act is replaced by the following: Duty to publicize clinical trial information 21.‍71 The holder of a therapeutic product authorization referred to in paragraph 30(1.‍2)‍(c) shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner. 169 The Act is amended by adding the following after section 21.‍8: Advanced Therapeutic Products Prohibited activities 21.‍9 (1) No person shall import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product unless the person (a) holds a licence in respect of that product that was issued under subsection 21.‍92(1) and that authorizes the activity in question; (b) is authorized under an order made under subsection 21.‍95(1) to conduct the activity in question in respect of the product; or (c) conducts the activity in question in accordance with the regulations. Clarification (2) For greater certainty, the prohibition applies in respect of an activity regardless of whether the activity is conducted for the purpose of the sale or use of the advanced therapeutic product. Additions to Schedule G 21.‍91 (1) For the purpose of preventing injury to health or preventing a person from being deceived or misled, the Minister may, by order, add a description of a therapeutic product or a class of therapeutic products to Schedule G if the Minister believes that the therapeutic product or products represent an emerging or innovative technological, scientific or medical development. Factors (2) Before adding a description of a therapeutic product or a class of therapeutic products to Schedule G, the Minister shall consider the following factors: (a) the degree of uncertainty respecting the risks and benefits associated with the therapeutic product or products and the measures that are available to adequately manage and control those risks; (b) the extent to which the therapeutic product or products are different from therapeutic products for which therapeutic product authorizations have been issued under the regulations; (c) the extent to which existing legal frameworks are adequate to prevent injury to health or to prevent persons from being deceived or misled; and (d) the prescribed factors, if any. Deletion from Schedule G (3) The Minister may, by order, delete the description of a therapeutic product or a class of therapeutic products from Schedule G. Advanced therapeutic product licence 21.‍92 (1) Subject to the regulations, the Minister may, on application, issue or amend an advanced therapeutic product licence that authorizes a person to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product if the Minister believes that the applicant has provided sufficient evidence to support the conclusion that (a) the benefits associated with the product outweigh the risks; and (b) the risks associated with the product and the activity will be adequately managed and controlled. Application (2) An application for an advanced therapeutic product licence, or for its amendment, shall be filed with the Minister in the form and manner specified by the Minister and shall set out the information required by the Minister as well as any prescribed information. Terms and conditions (3) The Minister may impose terms and conditions on an advanced therapeutic product licence, including an existing licence, or amend them. Suspension and revocation 21.‍93 (1) Subject to the regulations, the Minister may suspend or revoke an advanced therapeutic product licence, in whole or in part, if (a) the Minister believes that the risks that are associated with the advanced therapeutic product outweigh the benefits; (b) the Minister believes that the risks associated with the product or any authorized activity are not being adequately managed or controlled; (c) in the case of a suspension, any prescribed circumstance exists; or (d) in the case of a revocation, any prescribed circumstance exists. Suspension without prior notice (2) If the Minister believes that an immediate suspension is necessary to prevent injury to health, the Minister may suspend an advanced therapeutic product licence, in whole or in part, without prior notice to its holder and regardless of whether any of the circumstances referred to in subsection (1) exists. Exemption 21.‍94 The holder of an advanced therapeutic product licence is, in respect of the activities authorized under the licence, exempt from the provisions of the regulations other than any provisions that are specified in regulations made under paragraph 30(1.‍2)‍(b.‍2). Order — advanced therapeutic products 21.‍95 (1) The Minister may make an order, with or without terms and conditions, that authorizes any person within a class of persons that is specified in the order to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product. Additional content (2) The Minister may, in the order, (a) specify provisions of the regulations that are excluded from the scope of the exemption provided for in section 21.‍96; and (b) establish classes and distinguish among those classes. Compliance with terms and conditions (3) A person that conducts an activity under the order shall comply with any applicable terms and conditions. Exemption 21.‍96 A person that conducts an activity under an order made under subsection 21.‍95(1) is, in respect of the activity, exempt from the provisions of the regulations other than any provisions that are specified in the order or in regulations made under paragraph 30(1.‍2)‍(b.‍2). R.‍S.‍, c. 31 (1st Supp.‍), ss. 11(1) and (2); R.‍S.‍, c. 27 (3rd Supp.‍), s. 2 170 Section 23 of the Act is replaced by the following: Provision of documents, information or samples 22.‍1 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, order a person to provide, on or before the date and time specified by the inspector and at the place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Duty to provide (2) A person that is ordered by an inspector to provide a document, information or a sample shall do so on or before the date and time, and at the place and in the manner, specified by the inspector. Powers of inspectors 23 (1) Subject to subsection (9), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds (a) an activity that may be regulated under this Act is being conducted; (b) any article to which this Act or the regulations apply is located; or (c) an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister. Other powers (2) The inspector may, in the place entered under subsection (1), (a) examine any article to which this Act or the regulations apply or anything that the inspector believes on reasonable grounds is used or is capable of being used for an activity regulated under this Act; (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply; (c) examine — and make copies of or take extracts from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (d) cause to be reproduced any electronic data referred to in paragraph (c); (e) use, or cause to be used, any computer system or telecommunication system at the place; (f) examine — and reproduce or cause to be reproduced — any electronic data that is contained in or available to a system referred to in paragraph (e) and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (g) remove, for examination or copying, any copies made or extracts taken under paragraph (c), (d) or (f); (h) test anything that the inspector believes on reasonable grounds is an article to which this Act or the regulations apply; (i) take samples of any food, drug, cosmetic, device or anything used for an activity regulated under this Act; (j) take photographs and make recordings and sketches; (k) remove anything from the place for the purpose of examination, conducting tests or taking samples; and (l) seize and detain for the time that may be necessary any article that the inspector believes on reasonable grounds is an article by means of, or in relation to which, any provision of this Act or the regulations has been contravened. Means of telecommunication (3) For the purposes of subsection (1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication. Limitation — access by means of telecommunication (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1). Stopping or moving conveyance (5) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it. Duty to comply (6) An owner or person who, under subsection (5), is ordered to stop or move a conveyance shall stop or move it. Individual accompanying inspector (7) An inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (8) An inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Warrant to enter dwelling-house (9) In the case of a dwelling-house, an inspector may enter it only with the consent of the occupant or under the authority of a warrant issued under subsection (10). Authority to issue warrant (10) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection (1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that it will be refused. Use of force (11) In executing a warrant issued under subsection (10), an inspector shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant. Telewarrant (12) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (10), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications. Assistance to inspector (13) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there shall (a) give the inspector all reasonable assistance; and (b) provide the inspector with any information that the inspector may reasonably require, including information that is necessary to establish their identity to the inspector’s satisfaction. Definition of article to which this Act or the regulations apply (14) In subsections (1) and (2), article to which this Act or the regulations apply includes (a) any food, drug, cosmetic or device; (b) anything used for an activity regulated under this Act; and (c) any record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations. 171 The Act is amended by adding the following after section 27.‍2: Preventive and Remedial Measures Measures 27.‍3 (1) If the Minister has reasonable grounds to believe that a person has contravened, or is likely to contravene, this Act or the regulations, the Minister may order the person to take any measures that the Minister considers necessary to remedy the contravention or prevent it. Duty to take measures (2) A person that is ordered to take measures shall take them. 172 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (a): (a.‍1) respecting consultations in respect of orders referred to in section 2.‍4; (2) Subsection 30(1) of the Act is amended by adding the following after paragraph (b): (b.‍1) respecting the conduct of clinical trials; (b.‍2) respecting the issuance of authorizations referred to in section 3.‍1 and the amendment, suspension and revocation of those authorizations; (b.‍3) authorizing the Minister to impose terms and conditions on authorizations referred to in section 3.‍1, including existing authorizations, and to amend those terms and conditions; (b.‍4) requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in section 3.‍1, and to the imposition and amendment of terms and conditions referred to in paragraph (b.‍3), along with the reasons for those decisions, are publicly available; (b.‍5) requiring holders of an authorization referred to in section 3.‍1, or former holders of such an authorization, to provide the Minister, after the clinical trial to which the authorization relates is completed or discontinued or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the drug, device or food for a special dietary purpose that is or was the subject of the clinical trial; 2016, c. 9, s. 8(2) (3) Paragraph 30(1)‍(f) of the Act is replaced by the following: (f) requiring persons that sell food, drugs, cosmetics or devices, or persons that import them solely for the purpose of export, to maintain any records, reports, electronic data or other documents that the Governor in Council considers necessary for the purposes of this Act; (4) Paragraph 30(1)‍(m) of the Act is replaced by the following: (m) adding anything to any of the schedules, other than to Schedule A or G, in the interest of, or for the prevention of injury to, the health of the purchaser or consumer, or deleting anything from any of the schedules, other than from Schedule A or G; 2014, c. 24, s. 6(1) (5) Paragraph 30(1.‍2)‍(b.‍1) of the Act is replaced by the following: (b.‍1) requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in paragraph (a), and to the imposition and amendment of terms and conditions in respect of those authorizations, along with the reasons for those decisions, are publicly available; (b.‍2) specifying provisions of the regulations that are excluded from the exemption provided for in section 21.‍94 or 21.‍96; 2014, c. 24, s. 6(1) (6) Paragraph 30(1.‍2)‍(c) of the French version of the Act is replaced by the following: c) enjoignant au titulaire d’une autorisation relative à un produit thérapeutique permettant l’importation ou la vente d’un tel produit pour un essai clinique ou pour un essai expérimental sur des sujets humains, ou à l’ancien titulaire d’une telle autorisation, de fournir au ministre, après la fin ou la cessation de l’essai — ou, si l’autorisation est suspendue ou révoquée, après cette suspension ou révocation —, les renseignements sur la sécurité de ce produit dont il a reçu communication ou a connaissance; (7) Paragraph 30(1.‍2)‍(c) of the Act is replaced by the following: (c) requiring holders of a therapeutic product authorization that authorizes the import or sale of a therapeutic product for a clinical trial, or former holders of such an authorization, to provide the Minister, after the trial is completed or discontinued, or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the therapeutic product; 2014, c. 24, s. 6(1) (8) Paragraph 30(1.‍2)‍(c.‍1) of the Act is repealed. 2014, c. 24, s. 6(1) (9) The portion of paragraph 30(1.‍2)‍(d) of the French version of the Act before subparagraph (i) is replaced by the following: d) enjoignant au titulaire d’une autorisation relative à un produit thérapeutique de fournir au ministre les renseignements dont il a reçu communication ou a connaissance concernant tout risque grave de préjudice à la santé humaine et se rapportant à la sécurité de ce produit, à savoir ceux qui concernent : 2014, c. 24, s. 6(5) (10) The portion of subsection 30(2) of the French version of the Act before paragraph (a) is replaced by the following: Règlements relatifs aux drogues fabriquées à l’étranger (2) Sans que soit limité le pouvoir conféré par les autres paragraphes du présent article, le gouverneur en conseil peut, par règlement, selon qu’il l’estime nécessaire pour la protection du public à l’égard de la sécurité et de la qualité d’une drogue ou catégorie de drogues fabriquée à l’extérieur du pays, régir, réglementer ou interdire : 173 (1) Section 31.‍1 of the Act is renumbered as subsection 31.‍1(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves food; (b) subsection 22.‍1(2), if the contravention of that subsection involves any document or information that relates to food or a sample that is or relates to food; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to food; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to food; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to food; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to food; and (g) subsection 27.‍3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to food. (2) Subsection 31.‍1(2) of the Act is amended by adding the following after paragraph (a): (a.‍1) section 3.‍1 or 3.‍3, if the contravention of that section involves a clinical trial that relates to food; (a.‍2) section 3.‍2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to food; 174 (1) Section 31.‍2 of the Act is renumbered as subsection 31.‍2(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (b) subsection 22.‍1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.‍3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product. (2) Subsection 31.‍2(2) of the Act is amended by adding the following after paragraph (a): (a.‍1) section 3.‍1 or 3.‍3, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.‍2) section 3.‍2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; 175 (1) Section 31.‍4 of the Act is renumbered as subsection 31.‍4(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (b) subsection 22.‍1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.‍3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product. (2) Subsection 31.‍4(2) of the Act is amended by adding the following after paragraph (a): (a.‍1) section 3.‍1, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.‍2) section 3.‍2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; 176 Subsection 36(3) of the Act is replaced by the following: Certified copies (3) In a prosecution for a contravention described in subsection (1), a copy of or extract from a document, including electronic data, that is certified to be a true copy by the inspector who made or took it under paragraph 23(2)‍(c), (d) or (f), as the case may be, is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents. 177 Schedule A to the Act is renamed as Schedule A.‍1. 178 The Act is amended by adding, before Schedule A.‍1, the Schedule A set out in Schedule 2 to this Act. 179 The Act is amended by adding, after Schedule F, the Schedule G set out in Schedule 3 to this Act. Transitional Provisions Clinical trials — certain drugs 180 A person that, immediately before the coming into force of section 166, is authorized under Division 5 of Part C of the Food and Drug Regulations to sell or import a drug for the purposes of a clinical trial is deemed to be the holder, in respect of that drug, of an authorization referred to in section 3.‍1 of the Food and Drugs Act, as enacted by that section 166. Studies — positron-emitting radiopharmaceuticals 181 A person that, immediately before the coming into force of section 166, is authorized under Division 3 of Part C of the Food and Drug Regulations to sell or import a positron-emitting radiopharmaceutical for the purposes of a study is deemed to be the holder, in respect of that positron-emitting radiopharmaceutical, of an authorization referred to in section 3.‍1 of the Food and Drugs Act, as enacted by that section 166. Clinical trials — natural health products 182 A person that, immediately before the coming into force of section 166, is authorized under Part 4 of the Natural Health Products Regulations to sell or import a natural health product for the purposes of a clinical trial is deemed to be the holder, in respect of that natural health product, of an authorization referred to in section 3.‍1 of the Food and Drugs Act, as enacted by that section 166. Investigational testing — certain medical devices 183 A person that, immediately before the coming into force of section 166, is authorized under Part 3 of the Medical Devices Regulations to sell or import a Class II, III or IV medical device for investigational testing is deemed to be the holder, in respect of the device, of an authorization referred to in section 3.‍1 of the Food and Drugs Act, as enacted by that section 166. Coming into Force Order in council 184 Subsections 163(2) and (4), section 166 and subsections 168(2), 172(2), (7) and (8), 173(2), 174(2) and 175(2) come into force on a day to be fixed by order of the Governor in Council. SUBDIVISION D  R.‍S.‍, c. I-3 Importation of Intoxicating Liquors Act 2014, c. 2, s. 12 185 The definition province in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following: province means any province — other than Yukon, the Northwest Territories and Nunavut — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province; (province) 186 (1) Subsection 3(1) of the Act is replaced by the following: Prohibition 3 (1) Despite any other Act or law, other than the Foreign Missions and International Organizations Act, a person is not permitted to import, or cause to be imported, into a province from a place outside Canada any intoxicating liquor unless the intoxicating liquor has been purchased by or on behalf of, and is consigned to, Her Majesty or the executive government of a province, or any board, commission, officer or other governmental agency of the province that, by the law of that province, is authorized to sell intoxicating liquor. 2002, c. 22, s. 395(2) (2) Paragraph 3(2)‍(a) of the Act is replaced by the following: (a) the transportation of intoxicating liquor through a province to a territory or through Canada to a destination outside Canada, by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being transported, its container is not opened or broken or any of the liquor is drunk or used; 2014, c. 20, s. 163 (3) Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by repealing paragraph (h). 187 Section 4 of the Act is replaced by the following: Burden of proof 4 The burden of proving the right to import, or to cause to be imported, any intoxicating liquor into a province is on the person accused. 188 Section 6 of the Act is replaced by the following: Prosecution in place where liquor imported 6 A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place into which any intoxicating liquor is unlawfully imported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province. 189 Section 8 of the Act is replaced by the following: Sacramental, medicinal and other purposes exempted 8 Nothing in this Act prohibits the importing, or the causing to be imported, into a province from a place outside Canada of an intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use of an intoxicating liquor as a beverage. SUBDIVISION E  R.‍S.‍, c. P-19 Precious Metals Marking Act 190 Paragraphs 9(a) and (b) of the Precious Metals Marking Act are replaced by the following: (a) designating articles that are exempt, conditionally or unconditionally, from the application of this Act; (b) designating parts of articles that are exempt, conditionally or unconditionally, from assay for the purposes of this Act; SUBDIVISION F  R.‍S.‍, c. T-10 Textile Labelling Act 191 Paragraphs 11(1)‍(b) and (c) of the Textile Labelling Act are replaced by the following: (b) exempting, conditionally or unconditionally, any textile fibre product or any portion of such a product from the application of any provision of this Act or the regulations; (c) exempting, conditionally or unconditionally, any type of transaction in relation to a prescribed consumer textile article from the prohibition set out in paragraph 3(a); SUBDIVISION G  R.‍S.‍, c. W-6 Weights and Measures Act Amendments to the Act 192 The definitions measuring machine and weighing machine in section 2 of the Weights and Measures Act are replaced by the following: measuring machine means any machine that measures length, area, volume or capacity, temperature or time; (appareil de mesure) weighing machine means any machine that measures mass or weight.‍ (appareil de pesage) 193 The Act is amended by adding the following after section 10: Ministerial regulations 10.‍1 (1) The Minister may make regulations authorizing the use of a unit of measurement that is not otherwise authorized under this Act if new technologies use such a unit. Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 10(1)‍(m) that has the same effect as the regulation comes into force, (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed. 2011, c. 3, s. 15 194 Subsection 15(2) of the Act is replaced by the following: Extensions (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period. 2011, c. 3, par. 29(f) 195 Subsection 20(1) of the Act is replaced by the following: Payment of fees and charges 20 (1) The fees and charges payable by a person in respect of an examination or other service performed by an inspector under this Act are payable, subject to the regulations, after the examination or service is performed. SOR/86-420, par. 2(b); SOR/2005-277, s. 1 196 The portion of items 1 to 7 of Part I of Schedule I to the Act in the column under the heading “Definition” is replaced by the following: Definition 1 the unit for the measurement of length, being the metre as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 2 the unit for the measurement of mass, being the kilogram as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 3 the unit for the measurement of time, being the second as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 4 the unit for the measurement of electric current, being the ampere as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 5 the unit for the measurement of thermodynamic temperature, being the kelvin as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 6 the unit for the measurement of luminous intensity, being the candela as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time 7 the unit for the measurement of the amount of substance, being the mole as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time Coming into Force May 20, 2019 or royal assent 197 Section 196 comes into force on the later of May 20, 2019 and the day on which this Act receives royal assent. SUBDIVISION H  R.‍S.‍, c. 24 (3rd Supp.‍), Part III Hazardous Materials Information Review Act Amendments to the Act 2012, c. 31 ss. 269(4)‍(E), (5)‍(E) and (6)‍(F) 198 (1) The definitions affected party, Chief Appeals Officer and Chief Screening Officer in subsection 10(1) of the Hazardous Materials Information Review Act are repealed. (2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order: confidential business information in respect of a person to whose business or affairs the information relates, means business information (a) that is not publicly available; (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors. (renseignements commerciaux confidentiels) 199 The heading before section 11 of the Act is replaced by the following: Filing of Claim for Exemption 2014, c. 20, s. 147(1) 200 (1) The portion of subsection 11(1) of the Act before paragraph (a) is replaced by the following: Claim for exemption by supplier 11 (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Minister a claim for exemption in accordance with this section: 2014, c. 20, s. 161(2) (2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following: Claim for exemption by employer (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Minister a claim for exemption in accordance with this section: 2001, c. 34, s. 49(F) (3) Subsection 11(3) of the English version of the Act is replaced by the following: Manner of filing claim and fee payable (3) A claim for exemption must be in the prescribed form, be filed in the prescribed manner and be accompanied by the prescribed fee or a fee calculated in the prescribed manner. 2014, c. 20, s. 147(2) (4) The portion of subsection 11(4) of the English version of the Act before paragraph (a) is replaced by the following: Contents of claim (4) A claim for exemption must be accompanied by the safety data sheet or label to which the claim relates and must contain 2007, c. 7, s. 1 (5) Paragraph 11(4)‍(b) of the French version of the Act is replaced by the following: b) une déclaration du demandeur indiquant qu’il croit que les renseignements à l’égard desquels elle est présentée sont des renseignements commerciaux confidentiels satisfaisant aux critères réglementaires établis en application de l’alinéa 48(1)a) et qu’il a à sa disposition les renseignements réglementaires pour la justifier qu’il fournira sur demande; (6) Subsection 11(5) of the Act is replaced by the following: Restriction (5) If a supplier or an employer files a claim for exemption in accordance with this section and, after all judicial reviews and appeals are exhausted, the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid. 1996, c. 8, s. 24; 2007 c. 7, ss. 2, 5, 6 and 7(1), (3) and (4); 2012, c. 31, ss. 270 to 279, par. 282(c) and (d), s. 283(F) and par. 284(c)‍(F); 2013, c. 40, s. 201; 2014, c. 13, ss. 108, 109(2) and 110 to 112, c. 20, ss. 148(1) to (3) and (4)‍(F), 149(1), 150(F), 151(1), (2) and (3)‍(F), 152, 154(1), (2) and (3)‍(F), 155(F), 156(F), 157(1) and (2)‍(F), 158(F) and 161(3), (4) and (5)‍(F) 201 Sections 12 to 47 of the Act are replaced by the following: Review of Claim for Exemption Review by Minister 12 (1) The Minister must review each claim for exemption that is filed in accordance with section 11 in order to determine, as soon as feasible and in accordance with the prescribed criteria, whether the claim, or a portion of it, is valid. Additional information (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister. Determination 13 The Minister must, as soon as feasible after making a determination referred to in subsection 12(1), notify the claimant in writing of the determination and the reasons for it. Order 14 (1) If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant (a) to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid; or (b) to remove information specified in the order from a safety data sheet or label that accompanies the claim for exemption. Compliance (2) The claimant must comply with the order. Effect of compliance (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act. Review of Safety Data Sheet or Label Effect of failure to provide information 15 For the purposes of subsections 16(1) and 18(1) and paragraph 21(b), a failure to provide information on a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11 does not constitute a failure to comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act if the information that is not provided is the information in respect of which the claim is filed. Review by Minister 16 (1) The Minister may review a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, in order to determine whether the safety data sheet or label, or the portion of it, complies with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act. Additional information (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister. Determination 17 The Minister must, as soon as feasible after making a determination referred to in subsection 16(1), notify the claimant in writing of the determination and the reasons for it. Order 18 (1) If the Minister determines that a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act, then the Minister may order the claimant (a) to comply, in the manner and within the period specified in the order, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act; or (b) to remove information specified in the order from the safety data sheet or label. Compliance (2) The claimant must comply with the order. Effect of compliance (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act. Exemption Periods Interim exemption period 19 (1) If a claim for exemption is filed in accordance with section 11, the claimant is, subject to section 21, exempt from the requirement in respect of which the exemption is claimed for the period that begins on the day on which the Minister registers the claim and ends on the day on which all judicial reviews and appeals are exhausted. Three-year exemption period (2) If a claim for exemption, or a portion of it, is valid after all judicial reviews and appeals are exhausted, then the claimant is, subject to section 22, exempt from the requirement in respect of which the claim, or portion of it, is valid for a period of three years that begins on the day after the day on which all judicial reviews and appeals are exhausted. Conflict 20 If there is a conflict between subsection 19(1) or (2) and a provision of an order made under section 14 or 18, the provision of the order prevails to the extent of the conflict. Suspension or Cancellation of Exemption Exemption — subsection 19(1) 21 The Minister may suspend or cancel an exemption referred to in subsection 19(1) if (a) the Minister determines that the claim for exemption, or any portion of it, is not valid; (b) the Minister determines that a safety data sheet or label that accompanies the claim for exemption, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (c) the person who is exempted contravenes subsection 12(2) or 16(2); (d) the person who is exempted contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (e) the person who is exempted contravenes an order made under section 14 or 18; or (f) prescribed circumstances apply. Exemption — subsection 19(2) 22 The Minister may suspend or cancel an exemption referred to in subsection 19(2) if (a) the Minister has reasonable grounds to believe that the claim for exemption that resulted in the exemption included false or misleading information; (b) the exempted person contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (c) the exempted person contravenes an order made under section 14 or 18; or (d) prescribed circumstances apply. Notice 23 (1) A suspension or cancellation of an exemption takes effect on the day on which the Minister notifies the exempted person in writing of the suspension or cancellation and of the reasons for it. Opportunity to be heard (2) The person may, within 10 days after the day on which they are notified of the suspension or cancellation, provide the Minister with reasons why they believe the suspension or cancellation is unfounded. Reinstatement of Suspended or Cancelled Exemption Suspended exemption 24 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a suspended exemption if the reasons for the suspension no longer exist or the person demonstrates to the Minister that the suspension was unfounded. Cancelled exemption 25 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a cancelled exemption if the person demonstrates to the Minister that the cancellation was unfounded. Disclosure of Confidential Business Information Definition of government 26 In sections 28 and 31, government means any of the following or their institutions: (a) the federal government; (b) a corporation named in Schedule III to the Financial Administration Act; (c) a provincial government or a public body established under a law of that province; or (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act. Disclosure to address serious and imminent danger 27 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if the disclosure is necessary to address serious and imminent danger to human health or safety or to the environment. Disclosure to government or for advice 28 (1) The Minister may, without the consent of the person to whose business or affairs the information relates, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if (a) the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk; (b) the disclosure is made to a government or a person from whom the Minister seeks advice; and (c) the government or person agrees in writing to maintain the confidentiality of the disclosed information and to use it only for the purpose referred to in paragraph (a). Notice (2) The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates. Disclosure to physician or medical professional 29 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency. Notice 30 (1) If the Minister discloses information under section 27 or 29, the Minister must notify the person to whose business or affairs the information relates no later than the next business day after the day on which disclosure is made. Definition of business day (2) In this section, business day means a day other than a Saturday or a holiday. Subsequent disclosure 31 A person or government must not knowingly disclose information that was disclosed to them under section 27, 28 or 29 to any other person or government, except for the purpose for which it was disclosed to them. Remission of Fees Remission of fees 32 (1) The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2). Remission may be conditional (2) A remission may be conditional. Conditional remission 33 If a remission granted under subsection 32(1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted. Additional Powers, Duties and Functions of Minister Additional powers, duties and functions 34 The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act, (a) exercise the powers and perform the duties and functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and (b) exercise the powers and perform the duties and functions that are conferred on or assigned to the Minister, in relation to the review of claims for exemption, by any law of a province relating to occupational health and safety. 2007, c. 7, s. 8; 2012, c. 31, s. 280(1) and par. 282(e) 202 (1) Paragraphs 48(1)‍(b) to (d) of the Act are repealed. 2012, c. 31, s. 280(2) (2) Subsection 48(2) of the Act is replaced by the following: Regulations prescribing fees (2) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing fees or the manner of calculating fees to be paid under this Act and respecting the rounding of those fees. 203 The Act is amended by adding the following after section 48: Statutory Instruments Act 48.‍1 The Statutory Instruments Act does not apply to an order made under section 14 or 18. 204 Subsection 49(3) of the Act is replaced by the following: Limitation period (3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)‍(a) may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose. 2012, c. 31, s. 281 205 Section 50 of the Act and the heading before it are repealed. Transitional Provisions Definitions 206 The following definitions apply in sections 207 to 210. affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force.‍ (partie touchée) Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force.‍ (agent de contrôle en chef) commencement day means the day on which section 201 comes into force.‍ (date de référence) Pending claims for exemption 207 A claim for exemption under the Hazardous Materials Information Review Act that, immediately before the commencement day, was pending before the Chief Screening Officer or before a screening officer assigned under paragraph 12(1)‍(b) of that Act, as that paragraph read immediately before the commencement day, to review the claim and the safety data sheet or label to which it relates is to be taken up before the Minister of Health and continued in accordance with that Act as it reads on that day. Appeals 208 An appeal that was filed, before the commencement day, in accordance with section 20 of the Hazardous Materials Information Review Act, as that section read immediately before the commencement day, is continued in accordance with sections 20 to 27 and 43 and 44 of that Act as those sections read immediately before that day. Liability 209 Section 50 of the Hazardous Materials Information Review Act, as that section read immediately before the day on which section 205 of this Act comes into force, continues to apply to members of an appeal board who are exercising their powers or performing their duties or functions in relation to an appeal that is continued under section 208 of this Act. Representations 210 If, before the commencement day, a notice was published in the Canada Gazette in accordance with paragraph 12(1)‍(a) of the Hazardous Materials Information Review Act, as that paragraph read immediately before that day, and section 201 of this Act comes into force before the end of the period specified in the notice, an affected party that wishes to make written representations with respect to the claim for exemption in question and the safety data sheet or label to which it relates may, within the period specified in the notice but on or after the commencement day, make those representations to the Minister of Health. Coordinating Amendments 2017, c. 20, s. 395 211 (1) If section 201 of this Act comes into force before section 395 of the Budget Implementation Act, 2017, No. 1, then that section 395 is repealed. (2) If section 201 of this Act and section 395 of the Budget Implementation Act, 2017, No. 1 come into force on the same day, then that section 395 is deemed to have come into force before that section 201. 2018, c. 27, s. 624 212 (1) If section 201 of this Act comes into force before section 624 of the Budget Implementation Act, 2018, No. 2, then that section 624 is repealed. (2) If section 201 of this Act and section 624 of the Budget Implementation Act, 2018, No. 2 come into force on the same day, then that section 624 is deemed to have come into force before that section 201. Coming into Force Order in council 213 The provisions of this Subdivision, other than sections 206 to 212, come into force on a day or days to be fixed by order of the Governor in Council. SUBDIVISION I  1996, c. 10 Canada Transportation Act Amendments to the Act 214 The Canada Transportation Act is amended by adding the following after section 6.‍1: Electronic Administration and Enforcement Electronic means 6.‍2 (1) If the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means. Designated persons (2) For greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister. Delegate (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister. Provision of information 6.‍3 For the purposes of sections 6.‍4 and 6.‍5, providing information includes (a) making an application, request or decision; (b) giving notice; and (c) submitting a document. Conditions for electronic version 6.‍4 For the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if (a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and (b) any other condition that is provided for in regulations made under paragraph 6.‍5(a) is met. Regulations 6.‍5 The Governor in Council may make regulations (a) respecting the application of sections 6.‍2 and 6.‍4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; (b) setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means; (c) authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and (d) respecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received. 215 The Act is amended by adding the following after section 6.‍5: Exemptions Application 6.‍6 (1) A person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act. Information (2) The Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application. Debts to Her Majesty (3) The Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada. Order 6.‍7 (1) The Minister may, by order, exempt, for a period of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing. Extension (2) The Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under this section that applies to a single person or thing. Accessibility (4) The Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information. Exemptions under other Act (5) For greater certainty, the making of an order under subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa. Cost recovery 6.‍8 The Minister may recover any costs associated with the processing and assessing of an application under section 6.‍6 and may refuse to make the order requested until those costs are recovered from the applicant. Coming into Force Order in council 216 Section 215 comes into force on a day to be fixed by order of the Governor in Council. SUBDIVISION J  2002, c. 28 Pest Control Products Act 217 Section 17 of the Pest Control Products Act is amended by adding the following after subsection (5): Scope of special review (6) For the purposes of this section, the Minister shall initiate a special review only in relation to the aspect of the pest control product that prompted the special review. Addition of aspect (7) If the Minister has initiated a re-evaluation of, or a special review in relation to, a pest control product, the Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or special review to include any aspect of the product that would otherwise prompt a new special review under subsection (1), (2) or (3). New or amended consultation statement (8) If the Minister expands the scope of a re-evaluation or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7). 218 The Act is amended by adding the following after section 17: Discretion of Minister — aspect already covered 17.‍1 (1) Despite section 17, the Minister may decide not to initiate a special review in relation to a pest control product if a re-evaluation of, or a special review in relation to, the product has already been initiated that includes the aspect of the product that would otherwise prompt a special review. Discretion of Minister — previous decision statement (2) Despite subsection 17(2), the Minister may decide not to initiate a special review of a registered pest control product under that subsection if (a) the Minister made public under subsection 28(5) a decision statement respecting a re-evaluation of, or a special review in relation to, that product; (b) the aspect of the product that would otherwise prompt a special review was addressed by the re-evaluation or special review referred to in paragraph (a); and (c) the Minister determines that there is no additional information in relation to the health or environmental risks of the product that provides the Minister with reasonable grounds to believe that those risks are unacceptable. Duty to make decisions public 17.‍2 The Minister shall make public each of the following decisions and the reasons for it: (a) a decision made under subsection 17(7) to expand the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2); (b) a decision made under subsection 17.‍1(1) or (2) not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2). 219 Subsection 18(4) of the Act is replaced by the following: Evaluation of pest control product (4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate only the aspects of the pest control product that are within the scope of the special review and shall carry out the consultations required by section 28. SUBDIVISION K  2005, c. 20 Quarantine Act 220 Sections 62.‍1 and 62.‍2 of the Quarantine Act are repealed. SUBDIVISION L  2009, c. 24 Human Pathogens and Toxins Act 221 Sections 66.‍1 and 66.‍2 of the Human Pathogens and Toxins Act are repealed. DIVISION 10  R.‍S.‍, c. R-10 Royal Canadian Mounted Police Act Amendments to the Act 222 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.‍173: PART V  Management Advisory Board Establishment 45.‍18 (1) The Management Advisory Board is established. Mandate (2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to (a) the development and implementation of transformation and modernization plans; (b) the effective and efficient use of resources; (c) the actions to be taken to reduce corporate risks; (d) the development and implementation of policies and management controls that support the operation of the Force; (e) the development and implementation of corporate and strategic plans; and (f) the development and implementation of operating and capital budgets. Consideration (2.‍1) In carrying out its mandate, the Management Ad­visory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors. Copy or summary to Minister (3) The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner. Appointment of members 45.‍19 (1) The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister. Consultation (2) Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1). Factors to be considered (2.‍1) When recommending members, the Minister shall consider the importance of having a Management Ad­visory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate. Tenure (3) The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members. Chairperson and Vice-chairperson (4) The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson. Absence of Chairperson (5) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval. Absence of Chairperson and Vice-chairperson (6) If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval. Security clearance (7) Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada. Ineligibility (8) A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person (a) is a member or other person appointed or employed under the authority of Part I; (b) is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) is a public office holder as defined in subsection 2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board; (d) is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or (e) is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member. Remuneration (9) The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses (10) The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence. Federal public administration (11) The members of the Management Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Meetings 45.‍2 (1) The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year. Quarterly meetings in person (2) One meeting in each fiscal quarter of each fiscal year must be in person. Off-site participation (3) Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting. Participation of Deputy Minister and Commissioner (4) The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings. Administrative matters 45.‍21 The Management Advisory Board may (a) set its own priorities and develop its own work plans; (b) establish procedures governing the carrying out of its work; and (c) determine the quorum for its meetings. Right of access to information 45.‍22 (1) Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate. Exception (2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if (a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence; (b) the information reveals personal information; or (c) the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act. No waiver 45.‍23 For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy. Statistical and analytical reports 45.‍24 The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate. Transitional Provision Continuation of members 223 If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.‍19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.‍19 comes into force continues in office, as if they had been appointed under that section 45.‍19, for the remainder of the term for which they had been appointed. Coming into Force Order in council 224 This Division comes into force on a day to be fixed by order of the Governor in Council. DIVISION 11  R.‍S.‍, c. P-14 Pilotage Act Amendments to the Act 2001, c. 26, s. 316 225 (1) The definition licence in section 1.‍1 of the Pilotage Act is replaced by the following: licence means a licence issued by the Minister under subsection 38.‍1(1).‍ (brevet) 2001, c. 26, s. 316 (2) The definitions apprentice pilot, licensed pilot and pilot in section 1.‍1 of the English version of the Act are replaced by the following: apprentice pilot means an individual who is training to become a licensed pilot.‍ (apprenti-pilote) licensed pilot means an individual who holds a valid licence.‍ (pilote breveté) pilot means any individual who does not belong to a ship and who has the conduct of it.‍ (pilote) (3) Section 1.‍1 of the Act is amended by adding the following in alphabetical order: Authority  means a Pilotage Authority established by section 3.‍ (Administration) authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001.‍ (représentant autorisé) compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder.‍ (pilotage obligatoire) compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage.‍ (zone de pilotage obligatoire) Minister  means the Minister of Transport. (ministre) person includes a partnership, an unincorporated organization, an association and a trust.‍ (personne) person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable) pilotage certificate  means a certificate issued by an Authority under section 22. (certificat de pilotage) pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage) regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. (membre régulier de l’effectif du navire) Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal) (4) The definition pilotage certificate in section 1.‍1 of the Act is replaced by the following: pilotage certificate  means a certificate issued by the Minister under subsection 38.‍1(2).‍ (certificat de pilotage) (5) Section 1.‍1 of the Act is amended by adding the following in alphabetical order: Agency means the Canadian Transportation Agency.‍ (Office) pilotage charge means a charge referred to in subsection 33(1).‍ (redevances de pilotage) 2001, c. 26, s. 316 226 Section 2 of the Act and the headings before it are replaced by the following: Purpose and Principles Purpose and principles 2 The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles: (a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment; (b) that pilotage services be provided in an efficient and cost-effective manner; (c) that risk management tools be used effectively and that evolving technologies be taken into consideration; and (d) that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient. 227 Section 3 of the Act is amended by adding the following after subsection (3.‍1): Ineligibility (3.‍2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority. 228 The portion of section 4 of the Act before paragraph (a) is replaced by the following: Alteration 4 The Governor in Council may, by order, 1998, c. 10, s. 146 229 Section 5 of the Act is repealed. 2001, c. 26, par. 318(a) 230 Subsection 14(3) of the Act is replaced by the following: Expenses (3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from their ordinary place of residence in the course of their duties under this Act. 1998, c. 10, s. 148 231 Subsection 15.‍2(2) of the Act is replaced by the following: Decision of arbitrator (2) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, choose one or other of the final offers in its entirety. 232 The Act is amended by adding the following after section 15.‍3: Content of contracts for service 15.‍4 An Authority is not authorized to enter into or amend a contract for services referred to in subsection 15(2) that deals with a subject referred to in any of paragraphs 52(1)‍(a) to (o). Availability of contracts for service 15.‍5 An Authority shall, on request, provide to any person a copy of any contract for services referred to in subsection 15(2) that the Authority has entered into. Contract pilots 15.‍6 If an Authority requires the services of a licensed pilot in a compulsory pilotage area for which the Authority has no employees or for which a body corporate referred to in subsection 15(2) has not been established, the Authority may contract with one or more licensed pilots for the provision of those services. 233 Subparagraph 17(1)‍(b)‍(ii) of the Act is replaced by the following: (ii) the powers of the Authority, except the power to make a by-law; and 234 The heading before section 18 and section 18 of the Act are replaced by the following: Objects and Powers Objects 18 In keeping with the principles set out in section 2, the objects of an Authority are to establish, operate, maintain and administer, in the interests of safety of navigation, an efficient pilotage service within the region set out in respect of the Authority in the schedule. 2001, c. 27, s. 268 235 Sections 20 to 23 of the Act are repealed. 2001, c. 26, par. 318(b) 236 Sections 25 and 26 of the Act are repealed. 2006, c. 9, pars. 294(d)‍(E) and (e)‍(E) 237 Sections 27 to 32 of the Act are repealed. 1996, c. 10, s. 251(2); 1998, c. 10, ss. 149 to 151 238 The heading before section 33 and sections 33 to 35 of the Act are replaced by the following: Charges Pilotage charges 33 (1) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available in relation to compulsory pilotage, including charges for (a) the services of a licensed pilot or apprentice pilot for a ship that is subject to compulsory pilotage; (b) the use of a pilot boat or other conveyance; (c) the use of communications equipment; (d) travel and other expenses incurred by a licensed pilot or apprentice pilot that are directly associated with an assignment to pilot a ship; (e) the carriage of a licensed pilot or apprentice pilot on a ship beyond the area for which the services of the pilot were engaged; (f) the interruption or extension of a licensed pilot’s or apprentice pilot’s assignment on board a ship or otherwise; and (g) the cancellation of a request for the services of a licensed pilot. Other charges (2) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available — other than services related to compulsory pilotage — including advisory services and the use of simulators. Outstanding and unpaid charges 33.‍1 An Authority may charge interest on outstanding and unpaid charges. Charging principles 33.‍2 (1) An Authority shall observe the following charging principles when establishing or revising pilotage charges: (a) that pilotage charges be established and revised in accordance with an explicit methodology — that includes any conditions affecting the pilotage charges — that the Authority has established and published; (b) that pilotage charges be structured in a way that does not encourage a user to engage in practices that diminish safety for the purpose of avoiding a charge; (c) that pilotage charges be the same for Canadian users or ships and foreign users or ships; (d) that pilotage charges be set at levels that allow the Authority to be financially self-sufficient and be fair and reasonable; and (e) that pilotage charges not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the Authority’s current and future financial requirements related to the provision of compulsory pilotage services. Financial requirements (2) For the purposes of paragraph (1)‍(e), financial requirements include (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the Authority to maintain an appropriate credit rating; (f) tax liability; (g) payments to the Minister for the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act; (h) reasonable reserves for future expenditures and contingencies; and (i) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. Notice of proposal 33.‍3 (1) An Authority shall publish on its website a notice of any proposal to establish or revise a pilotage charge. Contents of notice (2) The notice is to (a) describe the proposal, including by setting out the Authority’s reasons for establishing or revising the pilotage charge and the circumstances in which the charge would apply; (b) indicate that any person may make representations about the proposal to the Authority, in writing, on or before the date set out in the notice, which date is not to be earlier than 30 days after the day on which the notice is published; (c) indicate that any person making written representations is to include a summary of those representations and that the summary may be made public by the Authority; and (d) indicate that any person making written representations by the date set out in the notice will have an opportunity to file with the Agency a notice of objection related to the proposal. Changes to proposal (3) If, after publication of the notice and consideration of the written representations, the Authority elects to modify the proposal, other than by reducing the proposed amount of the pilotage charge, the Authority shall publish on its website a new notice with the content referred to in subsection (2), a description of the changes to the proposal and the reasons for them. Announcement of decision 33.‍4 (1) After considering all written representations referred to in paragraph 33.‍3(2)‍(b), the Authority shall publish on its website an announcement that sets out its decision in respect of the proposal. Contents of announcement (2) Unless the Authority decides to abandon the proposal, the announcement is to (a) set out the reasons for the decision; (b) describe the pilotage charge and the circumstances in which it will apply, including the date on which it will take effect, which date is not to be earlier than 60 days after the day on which the announcement is published; (c) provide a summary of the written representations referred to in paragraph 33.‍3(2)‍(b) and of the Authority’s analysis of any issues and concerns brought to its attention in the representations, including how it considered these issues and concerns in its decision; and (d) indicate that a person may file with the Agency a notice of objection related to the decision to establish or revise a pilotage charge, the grounds for filing a notice of objection and how to file it. Notice of objection 34 (1) A person may, within 90 days after the day on which the announcement referred to in section 33.‍4 is published, file with the Agency a notice of objection, in the form and manner determined by the Agency, related to the decision to establish or revise a pilotage charge. Delay in case of failure to publish (2) If the Authority establishes or revises a pilotage charge without publishing a notice referred to in section 33.‍3 or an announcement referred to in section 33.‍4, the notice of objection may be filed within 90 days after the day on which the new or revised pilotage charge comes into effect. Grounds for filing notice (3) A notice of objection may be filed only if (a) the pilotage charge was not established or revised in accordance with the charging principles referred to in subsection 33.‍2(1); or (b) the Authority did not comply with the requirements set out in section 33.‍3 or 33.‍4. Effect of notice (4) A pilotage charge is not suspended or prevented from taking effect by reason of a notice of objection and, until the Agency disposes of the objections set out in the notice, the Agency shall not make an order suspending the pilotage charge or preventing it from taking effect. Orders of Agency 35 (1) If the Agency determines that an objection set out in a notice of objection under section 34 is well founded, it may order the Authority to (a) cancel the establishment or revision of the pilotage charge in question; (b) reinstate any pilotage charge that was in effect immediately before the pilotage charge in question took effect; (c) refund to each user of compulsory pilotage services the amount they paid on account of the pilotage charge the establishment of which is cancelled under paragraph (a) or the amount they paid in excess of the pilotage charge reinstated under paragraph (b); (d) in a case in which the Authority did not comply with the requirements set out in section 33.‍3 or 33.‍4, suspend the establishment or revision of the pilotage charge in question until the Authority has taken the measures set out in the order; or (e) take any other appropriate measures. Refund (2) If under paragraph (1)‍(c) the Agency orders the Authority to make a refund to a user of compulsory pilotage services, (a) the Agency shall allow the person who filed the notice of objection and the Authority to make representations to the Agency before fixing the period within which the refund is to be made; and (b) the Authority may make the refund to the user by making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency. Interest on amount of refund (3) If the Agency orders the Authority to make a refund to a user under paragraph (1)‍(c), the amount of the refund is to include interest at the interest rate charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the order is made. Reasons (4) The Agency shall provide the person who filed the notice of objection and the Authority with written reasons for any decision made under subsection (1) and, if applicable, any decision to fix the period within which the Authority is to make a refund to a user of compulsory pilotage services. 239 The heading before section 36.‍01 of the Act is replaced by the following: Financial Provisions 240 Section 37 of the Act is replaced by the following: Power to invest 37 An Authority may, with the approval of the Minister of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset. Payment to Minister 37.‍1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister. 241 The Act is amended by adding the following after section 38: Conduct of Ship Subject to Compulsory Pilotage Prohibition where pilotage compulsory 38.‍01 (1) No individual shall have the conduct of a ship within a compulsory pilotage area unless they are a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Non-application (2) Subsection (1) does not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.‍02(1); (b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met. Pilot responsible to master (3) A licensed pilot or pilotage certificate holder who has the conduct of a ship is responsible to the master for the safe navigation of the ship. When disqualified from pilotage (4) No licensed pilot or pilotage certificate holder shall have the conduct of a ship within a compulsory pilotage area or be on duty on board a ship under a regulation requiring a ship to have a licensed pilot or a pilotage certificate holder on board if (a) they know of any physical or mental disability that prevents them from meeting the qualifications required for their licence or pilotage certificate; (b) their ability is impaired by alcohol or a drug or from any other cause; or (c) their licence or pilotage certificate is suspended. Prohibition — alcohol or drug consumption (5) No licensed pilot or pilotage certificate holder shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship. Power to take conduct of ship 38.‍02 (1) If the master of a ship believes on reasonable grounds that the actions of a licensed pilot or a pilotage certificate holder on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship in place of the licensed pilot or pilotage certificate holder or relieve the licensed pilot from duty on board ship. Master to report (2) The master of a ship who takes the conduct of it in accordance with subsection (1) shall, within three days of taking the conduct of it, file a written report with the Minister that sets out the master’s reasons for doing so. 242 The Act is amended by adding the following after section 38.‍02: Licences and Pilotage Certificates Issue of licence 38.‍1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations. Issue of pilotage certificate (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant (a) meets the qualifications provided for in the regulations; and (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area. Citizenship (3) To be eligible for a licence or pilotage certificate, the applicant shall be (a) a Canadian citizen; or (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Minister, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant. Refusal to issue 38.‍2 (1) The Minister may refuse to issue a licence or pilotage certificate if (a) the applicant has acted fraudulently or improperly or has misrepresented a material fact; (b) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it; or (c) the applicant has not paid a fee for services related to the licence or pilotage certificate or has not paid a fine or penalty imposed on them under this Act. Notice after refusal to issue (2) The Minister shall, immediately after refusing to issue a licence or pilotage certificate, give the applicant a notice confirming the refusal and setting out the grounds on which the Minister has refused to issue the licence or pilotage certificate. Request for review 38.‍3 (1) An applicant who receives a notice under subsection 38.‍2(2) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision. Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the applicant of the date, time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination (4) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Validity period 38.‍4 (1) A licence or pilotage certificate is valid for the period specified by the Minister. Possession of licence or pilotage certificate (2) No person other than the individual to whom it was issued shall possess a licence or pilotage certificate. Production of licence or pilotage certificate 38.‍5 Every licensed pilot or pilotage certificate holder shall produce their licence or pilotage certificate to the Minister on request. Lost licence or pilotage certificate 38.‍6 The Minister may issue a replacement for a mislaid, lost or destroyed licence or pilotage certificate if the individual to whom it was issued applies in the form and manner specified by the Minister and provides the information and the documents specified by the Minister. Suspension, cancellation or refusal to renew 38.‍7 (1) Subject to section 38.‍8, the Minister may suspend, cancel or refuse to renew a licence or pilotage certificate if the Minister is satisfied that (a) the individual to whom it was issued no longer meets the qualifications provided for in the regulations for the issuance of the licence or pilotage certificate; (b) in the case of a pilotage certificate, the individual to whom it was issued no longer has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area; (c) a condition attached to the licence or pilotage certificate has been contravened; (d) the licence or pilotage certificate was obtained by fraudulent or improper means or a misrepresentation of a material fact; (e) the individual to whom it was issued has not paid a fine or penalty imposed on them under this Act; (f) the individual to whom it was issued has contravened a provision of this Act or the regulations; or (g) in the case of a refusal to renew, (i) the applicant has not paid a fee for services related to the licence or pilotage certificate, or (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it. Return of licence or pilotage certificate (2) If a licence or pilotage certificate is suspended or cancelled, the individual to whom it was issued shall return it, as soon as possible, to the Minister. Notice before decision 38.‍8 The Minister shall, before suspending or cancelling a licence or pilotage certificate, give the individual to whom it was issued 30 days’ notice of the proposed suspension or cancellation. The notice is to set out the grounds on which the Minister proposes to suspend or cancel the licence or pilotage certificate. Exception 38.‍81 (1) The Minister may suspend or cancel a licence or pilotage certificate without complying with section 38.‍8 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety. Decision within 24 hours (2) The Minister’s application is to be heard by a member of the Tribunal, sitting alone, whose determination is to be made within 24 hours after the application is filed with the Tribunal. Appeal (3) The Minister may, within 24 hours after the determination, appeal the determination to the Tribunal. Decision within 48 hours (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal. Notice after decision 38.‍82 Except if a notice is given under section 38.‍8, the Minister shall, immediately after suspending, cancelling or refusing to renew a licence or pilotage certificate, give the individual to whom it was issued a notice that confirms the suspension, cancellation or refusal and that sets out the grounds on which the Minister suspended, cancelled or refused to renew the licence or pilotage certificate. Request for review 38.‍83 (1) Subject to subsection (2), the individual who is referred to in a notice under section 38.‍8 or 38.‍82 may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice. Exception (2) The request is not to be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the licence or pilotage certificate are set out in paragraph 38.‍7(1)‍(e) or subparagraph 38.‍7(1)‍(g)‍(i). Effect of request (3) The filing of a request for a review in respect of a notice under section 38.‍8 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 38.‍84. Date, time and place for review (4) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the individual of the date, time and place in writing. Review procedure (5) The member of the Tribunal assigned to conduct the review shall provide the Minister and the individual with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Individual not compelled to testify (6) In a review of a decision made under paragraph 38.‍7(1)‍(f), the individual is not required, and is not to be compelled, to give any evidence or testimony in the matter. Determination (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal 38.‍84 (1) Both the Minister and the individual may appeal to the Tribunal a determination made under subsection 38.‍3(4) or 38.‍83(7). The time limit for making an appeal is 30 days after the determination. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 243 Section 39 of the English version of the Act is replaced by the following: Her Majesty or Authority not liable 39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder. 244 Subsection 40(1) of the Act is replaced by the following: Limitation of liability 40 (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill. 2001, c. 26, par. 318(c) 245 The portion of section 41 of the Act before paragraph (a) is replaced by the following: Liability of owner 41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that 246 Section 43 of the English version of the Act is replaced by the following: Pilotage charges payable for leading 43 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship. 247 Section 44 of the Act is replaced by the following: Pilotage charge — proceeding without pilot 44 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot. R.‍S.‍, c. 1 (2nd Supp.‍), s. 213(2) (Sch. II, item 7)‍(F) 248 Section 45 of the French version of the Act is replaced by the following: Redevances exigibles et impayées 45 Il est interdit à l’agent des douanes qui est de service dans un port canadien de donner congé à un navire s’il est informé par une Administration que des redevances de pilotage concernant le navire sont exigibles et impayées. 249 The Act is amended by adding the following after section 45: Canada Shipping Act, 2001 documents 45.‍1 (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate, licence or permit — under the Canada Shipping Act, 2001, if the applicant or the holder of the document (a) has contravened a direction given under subsection 46.‍12(3) or (4); or (b) has not paid a fine or penalty imposed on them under this Act. Corporation (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation (a) has contravened a direction given under subsection 46.‍12(3) or (4); or (b) has not paid a fine or penalty imposed on them under this Act. 1998, c. 10, par. 158(a) 250 Subsection 46(1) of the Act is replaced by the following: Pilotage to and from St. Lambert Lock 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area, (a) a pilot licensed for a compulsory pilotage area that is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock; (b) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and (c) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock. 251 The Act is amended by adding the following after section 46: Electronic Administration and Enforcement Powers 46.‍01 (1) The Minister may administer and enforce this Act using electronic means. Authorized persons (2) For greater certainty, any person or class of persons who are designated under section 46.‍1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister. Delegation (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister. Decision by automated system (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister. Conditions for electronic version 46.‍02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and (b) any other requirements that may be provided for in the regulations have been met. Regulations 46.‍03 (1) The Governor in Council may make regulations respecting the application of section 46.‍01 and paragraph 46.‍02(b), including regulations respecting (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received. Requirement to use electronic means (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means. Minister’s power (3) The regulations may prescribe the circumstances in which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister. Electronic payments (4) The regulations may (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system; (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received. 252 The Act is amended by adding the following after section 46: Enforcement Designation of Authorized Persons Designation by Minister 46.‍1 The Minister may designate persons or classes of persons as authorized persons for the purposes of the administration and enforcement of this Act and may limit in any manner that he or she considers appropriate the powers that the authorized persons may exercise under this Act. Certificate of designation 46.‍11 The Minister shall provide every authorized person with a certificate of their designation and, if the authorized person’s powers are limited under section 46.‍1, the certificate is to specify the powers that the authorized person may exercise. Compliance Measures Authority to enter 46.‍12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that (a) there is anything to which this Act applies; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or (c) there is any book, record, electronic data or other document relating to the application of this Act. Powers on entry (2) The authorized person may, for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any document, in the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination, testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to the authorized person’s satisfaction. Powers — direction to provide information (3) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) direct any person to provide any information; and (b) direct a ship, if it is about to enter or is within Canadian waters, to provide any information. Powers — direction to ship (4) If an authorized person has reasonable grounds to believe that an offence under this Act has been committed, they may direct a ship that is about to enter or is within Canadian waters (a) to stop; (b) to proceed through those waters, or to proceed to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify; (c) to proceed out of those waters by the route and in the manner that they may specify; or (d) to remain outside those waters. Dwelling house or living quarters 46.‍13 (1) An authorized person shall not enter a dwelling house or living quarters under subsection 46.‍12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in. Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling house or living quarters are a place referred to in subsection 46.‍12(1); (b) entry to the dwelling house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant to enter a dwelling house or living quarters, an authorized person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Telewarrant (4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications. Disposition of sample 46.‍14 (1) An authorized person who takes a sample under paragraph 46.‍12(2)‍(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination. Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Attendance of person (4) The party against which the certificate or report is produced may, with leave of the court or of the Tribunal, require for the purposes of cross-examination the attendance of the person that issued it. Notice (5) The certificate or report may be admitted in evidence only if the party that intends to produce it has given to the party against which it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report. Return of anything removed 46.‍15 (1) Anything removed under paragraph 46.‍12(2)‍(j) is to be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the authorized person’s opinion, is no longer useful; or (b) the owner is unknown or cannot be located. Thing not returned (2) An authorized person may dispose of anything that is not returned under subsection (1) in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General. Interference 46.‍16 Unless authorized by an authorized person, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 46.‍12(2)‍(h) or anything removed under paragraph 46.‍12(2)‍(j). Seizure 46.‍17 For the purpose referred to in subsection 46.‍12(1), an authorized person may seize and detain anything (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations. Custody of thing seized 46.‍18 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code. Liability for costs and expenses 46.‍19 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act. Detention order 46.‍2 (1) An authorized person may order the detention of a ship if the authorized person has reasonable grounds to believe that an offence under this Act has been committed by or in respect of the ship. Order in writing (2) The detention order is to be in writing and be addressed to every person empowered to grant clearance to the ship. Service of detention order notice (3) Subject to subsection (4), notice of a detention order is to be served (a) by delivering a copy of the notice to the authorized representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the ship. Public notice of detention order (4) If service cannot reasonably be effected in the manner provided in paragraph (3)‍(a) or (b), public notice of the detention order is to be given. Contents of notice (5) The notice is to indicate (a) the measures that are to be taken for the detention order to be rescinded; and (b) the amount and form of any security that is to be deposited with the Minister. Notification of foreign state (6) If the ship that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made. Movement of ship prohibited (7) Subject to subsection 46.‍22(1), it is prohibited for a person to move a ship that is subject to a detention order. Granting clearance prohibited (8) It is prohibited for a person to which a detention order is addressed, after they have received notice of the order, to grant clearance to the ship that is subject to the order, unless they have been notified that the order has been rescinded. Rescission of order (9) An authorized person may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an authorized person shall rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister. Notice of rescission (10) An authorized person who rescinds a detention order shall notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on which the notice was served under paragraph (3)‍(a) of the rescission. Liability for costs and expenses (11) The authorized representative of a ship that is subject to a detention order or, in the absence of an authorized representative, the owner of that ship is liable for all costs and expenses resulting from the detention. Return of security (12) If, in the Minister’s opinion, the matter has been resolved, the Minister (a) may apply the security to reimburse Her Majesty in right of Canada, in whole or in part, for any of the costs and expenses resulting from the detention of the ship or to pay to Her Majesty in right of Canada, in whole or in part, any fine or penalty imposed under this Act; and (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid. Interference with service of notice 46.‍21 It is prohibited for a person to knowingly interfere with the service of a notice of a detention order. Permission or direction to move ship 46.‍22 (1) The Minister may, in respect of a ship that is subject to a detention order, (a) on application made by the authorized representative of the ship or, in the absence of an authorized representative, the person in charge of the ship, permit the ship to be moved in accordance with the Minister’s directions; and (b) on application made by the owner of a dock — or by the person in charge of a place — at which the detained ship is situated, direct the authorized representative or person in charge of the ship to move it in accordance with the Minister’s directions. Non-compliance with paragraph (1)‍(b) (2) If a person does not comply with a direction given to them under paragraph (1)‍(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the ship, the Minister may authorize the applicant to move the ship in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner. Provisions Related to Entry Accompanying person 46.‍23 (1) If an authorized person enters a place under subsection 46.‍12(1), they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act. Entry on private property (2) An authorized person and a person accompanying them may enter private property – other than a dwelling house or living quarters – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 46.‍12(1). Duty to assist 46.‍24 The owner of a place that is entered by an authorized person under subsection 46.‍12(1), the person in charge of the place and every person in it shall give all assistance to the authorized person that is reasonably required to enable the authorized person to exercise their powers or perform their duties or functions under this Act and shall provide the authorized person with any document or information, or access to any data, that they may reasonably require. Obstruction Obstruction 46.‍25 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, an authorized person who is exercising powers or performing duties or functions under this Act. Administrative Monetary Penalties Violation — person 46.‍26 (1) Every person that contravenes a provision or direction that is designated as a violation in the regulations commits a violation and is liable to a penalty. Violation — ship (2) Every ship that contravenes any of the following commits a violation and is liable to a penalty: (a) a direction given under paragraph 46.‍12(3)‍(b) or subsection 46.‍12(4); or (b) a provision the contravention of which is designated as a violation by the regulations. Continuing violation (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. Penalty (4) The maximum amount payable as the penalty for a violation set out in subsection (1) or (2) is $250,000 and the total maximum amount payable for a related series or class of violations is the amount set out in the regulations. Purpose of penalty (5) The purpose of the penalty is to promote compliance with this Act and not to punish. Clarification (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Nature of violation (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence — person (8) A person is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission. Due diligence defence — ship (9) A ship is not to be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission. Assurance of compliance or notice of violation 46.‍27 (1) If the Minister has reasonable grounds to believe that a person or ship has committed a violation, the Minister may (a) enter into an assurance of compliance with the person or ship that (i) identifies the violation and provides that the person or ship will comply with the provision to which the violation relates within the period, and be subject to the conditions, specified in the assurance, (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and (iii) sets out the amount of the penalty that the person or ship would have been liable to pay for the violation if the assurance had not been entered into; or (b) issue, and cause to be served on the person or ship, a notice of violation that names the person or ship, identifies the violation and sets out (i) the amount of the penalty that the person or ship is liable to pay for the violation, (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and (iii) particulars of the manner in which, and the place at which, the penalty is to be paid or a review is to be requested. Extension of period (2) The Minister may extend the period specified under subparagraph (1)‍(a)‍(i) if the Minister is satisfied that the person or ship is unable to comply with the assurance of compliance for reasons beyond the person’s or ship’s control. Short-form description (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation. Deemed violation 46.‍28 (1) A person or ship that enters into an assurance of compliance under paragraph 46.‍27(1)‍(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into. Request for review (2) A person or ship that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 46.‍3(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 46.‍33(1)‍(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested. When assurance of compliance complied with 46.‍29 If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.‍27(1)‍(a) has complied with it, he or she shall cause a notice to that effect to be served on the person or ship and, on the service of the notice, (a) no further proceedings may be taken against the person or ship with respect to the violation in respect of which the assurance was entered into; and (b) any security deposited under subparagraph 46.‍27(1)‍(a)‍(ii) is to be returned to the person or ship. When assurance of compliance not complied with 46.‍3 (1) If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.‍27(1)‍(a) has not complied with it, the Minister may cause a notice of default to be served on the person or ship to the effect that, unless a member determines under section 46.‍31, or an appeal panel decides under section 46.‍34, that the assurance has been complied with, (a) the person or ship is liable to pay double the amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 46.‍27(1)‍(a)‍(ii) is forfeited to Her Majesty in right of Canada. Contents of notice (2) The notice of default is to include the place at which and the date being 30 days after the day on which the notice is served, on or before which a request for a review may be filed, and the particulars concerning the procedure for requesting a review. No set-off or compensation (3) On the service of a notice of default, the person or ship served has no right of set-off or compensation against any amount spent by the person or ship under the assurance of compliance. Request for review 46.‍31 (1) A person or ship served with a notice under subsection 46.‍3(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under that subsection. Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing. Review procedure (3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden is on the Minister to establish that the person or ship did not comply with the assurance of compliance referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter. Defence not available (5) Despite subsections 46.‍26(8) and (9), a person or ship does not have a defence by reason that the person or ship exercised due diligence to comply with the assurance of compliance. Determination by member (6) At the conclusion of the review, the member who conducts the review may confirm the Minister’s decision or determine that the person or ship has complied with the assurance of compliance and shall without delay inform the parties of his or her decision. Return of security 46.‍32 Any security deposited under subparagraph 46.‍27(1)‍(a)‍(ii) is to be returned to the person or ship if (a) a notice is served under subsection 46.‍3(1) and the person or ship pays double the amount of the penalty set out in the assurance of compliance; or (b) a member determines under subsection 46.‍31(6), or an appeal panel decides under subsection 46.‍34(3), that the assurance has been complied with. Notice of violation — option 46.‍33 (1) A person or ship served with a notice of violation under paragraph 46.‍27(1)‍(b) may (a) pay the amount of the penalty; or (b) within 30 days after the day on which the notice is served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty. When review not requested (2) If a review is not requested within the period referred to in paragraph (1)‍(b) or the amount of the penalty is paid, the person or ship is considered to have committed the violation in respect of which the notice is served and proceedings in respect of the violation are ended. Date, time and place for review (3) On receipt of a request filed under paragraph (1)‍(b), the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing. Review procedure (4) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (5) The burden is on the Minister to establish that the person or ship committed the violation referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter. Determination by member (6) At the conclusion of the review, the member who conducts the review shall, without delay and in writing, inform the Minister and the person or ship (a) that the person or ship has not committed a violation, in which case, subject to section 46.‍34, no further proceedings under this Act are to be taken against the person or ship in respect of the alleged violation; and (b) that the person or ship has committed a violation, in which case, subject to subsections 46.‍26(4) and (5) and the regulations, the member shall inform the Minister and the person or ship of the amount determined by the member to be payable to the Tribunal by or on behalf of the person or ship and the period within which it is to be paid. Right of appeal 46.‍34 (1) The Minister or the person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection 46.‍31(6) or 46.‍33(6), appeal the determination to the Tribunal. Loss of right of appeal (2) A party that does not appear at the review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) At the conclusion of the review, the appeal panel of the Tribunal that is assigned to hear the appeal may (a) in the case of a determination made under subsection 46.‍31(6), dismiss the appeal, or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 46.‍33(6), dismiss the appeal, or allow the appeal and, subject to subsections 46.‍26(4) and (5) and the regulations, substitute its own decision. Notice of decision (4) The appeal panel shall inform the parties of its decision without delay and shall specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid. Recovery of Debts Debts due to Her Majesty 46.‍35 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of a penalty set out in a notice of violation referred to in paragraph 46.‍27(1)‍(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 46.‍33(1); (b) the amount of a penalty set out in a notice of default referred to in subsection 46.‍3(1), from the date the notice is served, unless a review is requested under subsection 46.‍31(1); (c) the amount of a penalty determined by a member under section 46.‍33, or decided by an appeal panel under section 46.‍34, from the expiry of the period specified in the decision for the payment of that amount; and (d) the amount of any costs and expenses referred to in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable. Liability (3) A person or ship that is liable to pay an amount referred to in paragraph (1)‍(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. Certificate of default 46.‍36 (1) All or part of a debt referred to in subsection 46.‍35(1) in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be. Effect of registration (2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration. General Manner of service 46.‍37 (1) A notice referred to in any of sections 46.‍27, 46.‍29, 46.‍3 and 46.‍45 is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence; (b) in the case of a person other than an individual, (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business; and (c) in the case of a ship, (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship, (ii) by posting a copy of it on any conspicuous part of the ship, (iii) by leaving a copy of it with the owner or operator of the ship, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or (iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the ship or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business. Proof of service (2) Service may be proved by (a) an acknowledgement of service signed by the person served or on behalf of the person or ship served, specifying the date and location of service; (b) a certificate of service, signed by the person who effected the service, indicating the name of the person or ship served and the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the date and time of transmission. Date service effective (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective, (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission. Proof of violation by ship 46.‍38 It is sufficient proof that a ship has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the ship, whether or not the person has been identified. Party to violation committed by ship 46.‍39 (1) If a ship commits a violation under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the ship has been proceeded against under sections 46.‍27 to 46.‍36. Party to violation committed by corporation (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 46.‍27 to 46.‍36. Violation by employee or agent or mandatary 46.‍4 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. Direction to ship 46.‍41 For the purposes of a proceeding against a ship for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the ship if (a) it is given to the authorized representative or a person in charge of the ship; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. Limitation or prescription period 46.‍42 A notice of violation may be issued no later than two years after the day on which an authorized person becomes aware of the violation. Certificate 46.‍43 A document that purports to have been issued by an authorized person and that certifies the day on which they became aware of a violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the authorized person became aware of the violation on that day. Public Record Disclosure of notices of violation and default 46.‍44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty. Notations removed 46.‍45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default. Duty to notify (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person or ship in writing, and provide the grounds for that opinion. Contents of notice (3) The notice is to include the place at which and the date, being 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review. Request for review (4) The person or ship may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2). Date, time and place for review (5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing. Review procedure (6) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Determination (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal (8) The person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal. Loss of right of appeal (9) A person or ship that does not appear at the review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (10) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. Regulations Regulations 46.‍46 The Governor in Council may make regulations (a) designating as a violation the contravention of (i) any specified provision of this Act or of the regulations, or (ii) any direction given under any specified provision of this Act; (b) establishing a penalty, or a range of penalties, in respect of a violation, up to the maximum amount set out in subsection 46.‍26(4); (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (d) setting out the total maximum amount payable for a related series or class of violations; (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and (f) respecting persons that may request a review on behalf of a ship in relation to an alleged violation by the ship. 1998, c. 10, ss. 154 to 156; 2001, c. 26, pars. 318(d) and (e); 2008, c. 21, s. 62(F) 253 Sections 47 to 51 of the Act are replaced by the following: Proceeding without a pilot — persons 47 (1) The owner, master or person in charge of a ship commits an offence if the ship is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Proceeding without a pilot — ship (2) A ship commits an offence if it is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Non-application (3) Subsections (1) and (2) do not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.‍02(1); (b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met. Punishment — individuals (4) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both. Punishment — other persons (5) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000. Punishment — ships (6) Every ship that commits an offence under subsection (2) is liable on summary conviction to a fine of not more than $1,000,000. Offence — persons 48 (1) Every person commits an offence that contravenes (a) a provision of this Act, other than section 15.‍3 or subsection 47(1); (b) a provision of the regulations; (c) a direction under subsection 46.‍12(2) or (3); (d) a direction under subsection 46.‍22(1); or (e) a direction under section 52.‍3. Punishment — individuals (2) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000 or to imprisonment for a term of not more than 12 months, or to both. Punishment — other persons (3) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000. Contravention of section 15.‍3 48.‍1 A person that contravenes section 15.‍3 commits an offence and is liable on summary conviction to a fine of not more than $10,000 for each day on which the offence is committed or continued but is not liable to imprisonment. Offence — ships 48.‍11 (1) Every ship commits an offence that contravenes (a) subsection 52.‍1(2) or 52.‍2(5); (b) a provision of the regulations; or (c) a direction given under paragraph 46.‍12(3)‍(b) or subsection 46.‍12(4). Punishment (2) Every ship that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000. Continuing offences 48.‍2 An offence under section 48 or 48.‍11 that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. Court order 48.‍3 If a person is convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from performing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence; (c) prohibiting the person from exercising the rights or privileges of a licence, pilotage certificate, waiver or exemption order under this Act for the period or at the times and places that may be specified in the order; and (d) prohibiting the person from operating a ship or providing services essential to the operation of a ship for the period or at the times and places that may be specified in the order. Service on ship 48.‍4 (1) If a ship is charged with an offence under this Act, the summons is to be served (a) by delivering it to the authorized representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the ship. Appearance at trial (2) If a ship is charged with an offence under this Act, the ship may appear by counsel or representative before the court. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. Proof of offence by ship 48.‍5 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the ship, whether or not the person has been identified. Party to offence committed by ship 48.‍6 (1) If a ship commits an offence under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted. Party to offence committed by corporation (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Offence by employee or agent or mandatary 48.‍7 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act. Direction to ship 48.‍8 For the purposes of prosecuting a ship for contravening a direction given under this Act, a direction is deemed to have been given to the ship if (a) it is given to the authorized representative or a person in charge of the ship; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. Due diligence defence — persons 49 (1) A person is not to be found guilty of an offence under this Act, other than in relation to a contravention of section 46.‍16, 46.‍21 or 46.‍25, if they establish that they exercised due diligence to prevent its commission. Due diligence defence — ships (2) A ship is not to be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission. Limitation or prescription period 50 (1) Proceedings by way of summary conviction under this Act may be instituted no later than two years after the day on which the Minister becomes aware of the subject matter of the proceedings. Certificate of Minister (2) A document that purports to have been issued by the Minister and that certifies the day on which that Minister became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the individual appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced no later than 60 days after the defendant arrives in Canada. Jurisdiction in relation to offences 51 If a person or ship is charged with an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there. Reporting of alleged contravention 51.‍1 (1) An individual who has reasonable grounds to believe that a person or ship has contravened or intends to contravene a provision of this Act or the regulations or a direction under this Act may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification. Confidentiality (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act. 254 The heading before section 52 of the Act is replaced by the following: Regulations, Exemption Orders, Interim Orders and Directions R.‍S.‍, c. 31 (1st Supp.‍), s. 86 255 Section 52 of the Act is replaced by the following: Regulations 52 (1) The Governor in Council may make regulations respecting the provision of pilotage services, including regulations (a) establishing compulsory pilotage areas; (b) respecting which ships or classes of ships are subject to compulsory pilotage; (c) respecting waivers of compulsory pilotage; (d) respecting master-pilot exchanges; (e) respecting the classes of licences and classes of pilotage certificates that are to be issued as well as the form and manner of their issuance; (f) respecting the qualifications that are required of an applicant for a licence or pilotage certificate, or any class of licence or pilotage certificate, for a compulsory pilotage area, including the applicant’s physical and mental fitness, degree of general and local knowledge, skill, training, experience and proficiency in one or both of the official languages of Canada; (g) respecting skill and knowledge examinations, medical examinations, apprenticeship, the provision of documents and recommendations and other means of determining whether an individual meets the qualifications required under paragraph (f); (h) respecting the conditions of a licence or pilotage certificate or the conditions of any class of licence or pilotage certificate; (i) limiting the number of licences or classes of licences that may be issued for a compulsory pilotage area; (j) respecting the information to be provided and the procedures and practices to be followed by a ship that is about to enter, leave or proceed within a compulsory pilotage area; (k) respecting the minimum number of licensed pilots or pilotage certificate holders that are required to be on board a ship at any time and which class of licence or pilotage certificate that they are required to hold; (l) respecting additional training and periodic medical examinations for licensed pilots and pilotage certificate holders; (m) respecting risk assessments; (n) respecting the development and implementation of management systems by the Authorities; and (o) respecting fees and charges to be paid in relation to the administration of this Act, including the development of regulations, and the enforcement of this Act. United States pilots and waters (2) With respect to Canadian waters that are contiguous with waters of the United States, the regulations may set out the conditions under which (a) an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and (b) a licensed pilot or pilotage certificate holder may have the conduct of a ship in waters of the United States. Paragraph (1)‍(l) (3) Regulations referred to in paragraph (1)‍(l) may distinguish between licensed pilots and between pilotage certificate holders on the basis of the class of licence or pilotage certificate they hold. 256 The Act is amended by adding the following after section 52: Exemption orders 52.‍1 (1) The Minister may, by order, exempt for a period of not more than three years any person or ship from the application of any provision of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of ships, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection. Compliance with conditions (2) Every person or ship subject to a condition of the exemption order shall comply with that condition. Publication (3) The Minister shall, as soon as feasible after making an exemption order, publish a notice of it on a Government of Canada website or by any other means that the Minister considers appropriate. Interim orders 52.‍2 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment. Cessation of effect (2) The interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) the day on which it is repealed, (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, (c) one year after the day on which it is made or any shorter period that may be specified in it, unless it is extended by the Governor in Council, and (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order. Extension — Governor in Council (3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)‍(c). Restriction (4) If an interim order is extended by the Governor in Council, the Minister is not authorized to remake the interim order after it ceases to have effect. Compliance with interim order (5) Every person or ship subject to an interim order shall comply with it. Contravention of unpublished order (6) No person or ship may be convicted of an offence or found liable for a violation consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it. Publication (7) An interim order is to be published in the Canada Gazette within 23 days after it is made. Tabling of order (8) The Minister shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. It is to be sent to the Clerk of the House if the House is not sitting. Direction to licensed pilot or pilot corporation 52.‍3 (1) The Minister may, in writing, direct a licensed pilot or pilot corporation (a) to cease an activity that poses a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment; or (b) to conduct an activity that protects the safety of navigation, including the safety of the public and marine personnel, or that protects human health, property or the environment. Exceptional circumstances (2) The Minister is not authorized to make the direction unless the Minister is satisfied that the direction is necessary to deal with exceptional circumstances that involve a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment. Validity period (3) The direction is valid for the period specified in it as long as that period ends no more than 30 days after the day on which it is made. Incorporation by reference 52.‍4 The limitation set out in paragraph 18.‍1(2)‍(a) of the Statutory Instruments Act, to the effect that a document is to be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Act. Statutory Instruments Act 52.‍5 The following are not statutory instruments for the purposes of the Statutory Instruments Act: (a) a direction given under subsection 46.‍12(2), (3) or (4); (b) a detention order made under section 46.‍2; (c) a direction given under subsection 46.‍22(1); (d) an exemption order made under section 52.‍1; (e) an interim order made under section 52.‍2; and (f) a direction given under section 52.‍3. 257 Paragraph 52.‍5(a) of the Act is replaced by the following: (a) a resolution made under section 33; (a.‍1) a direction given under subsection 46.‍12(2), (3) or (4); 1998, c. 10, s. 157; 2001, c. 26, s. 317; 2009, c. 23, s. 335 258 The heading before section 53 and sections 53 to 60 of the Act are replaced by the following: Review of Act Ten-year review 53 (1) The Minister shall, 10 years after the day on which this subsection comes into force and every 10 years after that, undertake a review of the operation of this Act. Appointment of reviewers or assistants (2) The Minister may appoint one or more persons to undertake or assist in the review. Transitional Provisions Non-application — subsection 3(3.‍2) 259 Subsection 3(3.‍2) of the Pilotage Act, as enacted by section 227 of this Act, does not apply to the Chairperson or to any member of a Pilotage Authority on the day on which section 227 of this Act comes into force during the remainder of their term of appointment. Tariff regulations 260 Regulations made by a Pilotage Authority with the approval of the Governor in Council under section 33 of the Pilotage Act, as that section read immediately before the day on which section 238 of this Act comes into force, remain in effect until the day on which pilotage charges established by the Pilotage Authority in accordance with sections 33 to 35 of the Pilotage Act, as enacted by section 238 of this Act, take effect. Licences and pilotage certificates 261 (1) Every licence or pilotage certificate issued by a Pilotage Authority under section 22 of the Pilotage Act, as it read immediately before the day on which section 242 of this Act comes into force, that was valid immediately before that day is deemed to have been issued, as applicable, by the Minister of Transport under subsection 38.‍1(1) or (2) of the Pilotage Act, as enacted by section 242 of this Act. Validity period (2) Despite subsection 38.‍4(1) of the Pilotage Act, as enacted by section 242 of this Act, the validity period of a licence or pilotage certificate referred to in subsection (1) ends one year after the day on which section 242 of this Act comes into force. Pending applications 262 An application for a licence or pilotage certificate that is pending on the day on which section 242 of this Act comes into force is deemed to be an application under subsection 38.‍1(1) or (2) of the Pilotage Act, as enacted by section 242 of this Act, but the qualifications to be met by the applicant are the qualifications that were prescribed by the relevant regulations as they read immediately before the day on which section 242 of this Act comes into force. Pending hearings 263 Hearings pending before a Pilotage Authority immediately before the day on which section 242 of this Act comes into force are to be continued before the Authority in accordance with the Pilotage Act, as it read immediately before that day. Fines 264 For greater certainty, starting on the day on which section 252 of this Act comes into force, fines collected under the Pilotage Act are no longer to be paid to the relevant Pilotage Authority. Repeal of regulations — section 20 Pilotage Act 265 (1) Beginning on the day on which section 235 of this Act comes into force, the Governor in Council may repeal regulations made under section 20 of the Pilotage Act, as that section read immediately before that day. Repeal of regulations — section 33 Pilotage Act (2) Beginning on the day on which section 238 of this Act comes into force, the Governor in Council may repeal regulations made under section 33 of the Pilotage Act, as that section read immediately before that day. Consequential Amendments R.‍S.‍, c. A-12 Arctic Waters Pollution Prevention Act 266 The definition pilot in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following: pilot means a licensed pilot as defined in section 1.‍1 of the Pilotage Act; (pilote) 2001, c. 29 Transportation Appeal Tribunal of Canada Act 2001, c. 29, s. 71 267 Subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Pilotage Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Shipping Act, 2001 and any other federal Act regarding transportation. Coordinating Amendment 2019, c. 1 268 On the first day on which both section 152 of the Wrecked, Abandoned or Hazardous Vessels Act and section 267 of this Act are in force, subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Pilotage Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Shipping Act, 2001, the Wrecked, Abandoned or Hazardous Vessels Act and any other federal Act regarding transportation. Coming into Force Order in council 269 (1) Subject to subsections (2) to (5), the provisions of this Division, other than sections 259 to 265 and 268, come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Subsections 225(1) and (4) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which subsection 225(3) comes into force. Order in council (3) Subsection 225(5) comes into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which subsection 225(3) comes into force. Order in council (4) Section 242 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 241 comes into force. Order in council (5) Section 251 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 252 comes into force. DIVISION 12  Security Screening Services Commercialization Security Screening Services Commercialization Act Enactment of Act 270 The Security Screening Services Commercialization Act is enacted as follows: An Act respecting the commercialization of security screening services Short Title Short title 1 This Act may be cited as the Security Screening Services Commercialization Act. Interpretation and Application Definitions 2 (1) The following definitions apply in this Act. Agency means the Canadian Transportation Agency. (Office) designated screening authority means the body corporate designated under section 7.‍ (administration de contrôle désignée) Minister means the Minister of Transport. (ministre) screening contractor means a person or entity authorized under section 21 by the designated screening authority to conduct screening.‍ (fournisseur de services de contrôle) screening officer means an individual who is employed by the designated screening authority or a screening contractor to conduct screening.‍ (agent de contrôle) state aircraft means an aircraft, other than an aircraft operated for commercial purposes, that is owned and operated by the government of a country or the government of a colony, dependency, province, state, territory or municipality of a country.‍ (aéronef d’État) transfer date means the day specified as the transfer date in an agreement between the Canadian Air Transport Security Authority and the designated screening authority. (date de cession) Words and expressions — Aeronautics Act (2) Unless the context requires otherwise, words and expressions used in this Act have the same meaning as in the Aeronautics Act and aviation security regulations. Publishing 3 Any obligation under this Act for the designated screening authority to publish information or a document is satisfied if (a) the information or document is published on its website; and (b) the information or document is made available on request at its head office. Aeronautics Act 4 Nothing in this Act affects the application of the Aeronautics Act. Exception 5 This Act does not apply in respect of any aerodrome or aircraft operated by or under the authority of the Minister of National Defence. Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province. Designated Screening Authority Designation 7 The Governor in Council may, by order, designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority for the purposes of this Act. Not an Agent of Her Majesty 8 The designated screening authority is not an agent of Her Majesty in right of Canada. Head office 9 The designated screening authority must have its head office in Canada. Official Languages Act 10 The Official Languages Act applies to the designated screening authority as if it were a federal institution. Canada’s international obligations 11 The designated screening authority must take any measure that the Minister considers necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics. Amendment of articles of incorporation 12 (1) The designated screening authority must not amend its articles of incorporation without the prior written approval of the Minister. Amendment or repeal of by-laws (2) The designated screening authority must not amend or repeal a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal without the prior written approval of the Minister. Inconsistency (3) The designated screening authority must not make a by-law if that by-law would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. The designated screening authority must not amend or repeal a by-law that does not require the Minister’s approval to amend or repeal if the amendment or repeal would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. Financial statements 13 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish its audited financial statements for that financial year and provide the Minister with a copy. Information respecting charges 14 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish the following information in relation to charges referred to in subsection 24(1): (a) the amount of each charge; (b) the circumstances in which each charge applies; (c) the formula or other method used to determine the amount of each charge; (d) any policy respecting the refund of charges imposed under paragraph 24(1)‍(a). Service standards 15 At least once every year beginning on the first anniversary of the transfer date, the designated screening authority must, in respect of each aerodrome that is designated by the regulations and at which more than 500,000 passengers emplaned in the previous year, publish service standards with respect to the screening of passengers, a report on average monthly passenger wait times and a report on the results of passenger satisfaction surveys. Powers of Minister Directions 16 (1) The Minister may issue a written direction to the designated screening authority on any matter respecting aviation security. Duty to consult (2) Before issuing a direction, the Minister must consult the designated screening authority with respect to the content of the direction and the time at which it will be issued. Direction binding (3) The designated screening authority and its directors, officers and employees must comply with a direction as soon as feasible. Compliance with a direction is deemed to be in the designated screening authority’s best interests. Notice of implementation (4) The designated screening authority must notify the Minister as soon as feasible after a direction has been implemented. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a direction. Confidential information 17 The designated screening authority and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to aviation security or public security, including financial and other data that might reveal that information. Security Screening Services Obligation 18 (1) The designated screening authority must take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening checkpoints, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport. Restricted areas (2) For the purposes of subsection (1), a restricted area is an area designated as a restricted area under the Aeronautics Act (a) at an aerodrome designated by the regulations; or (b) at any other place, including any other aerodrome, designated by the Minister under subsection (3). Designation (3) The Minister may, by order, designate a place for the purposes of paragraph (2)‍(b). Non-application of Statutory Instruments Act (4) The Statutory Instruments Act does not apply to an order made under subsection (3). Public interest (5) The designated screening authority must carry out its obligation under this section in the public interest, having due regard to the interest of the travelling public. Safety of public (6) The screening referred to in subsection (1) is deemed for all purposes to be a service that is necessary to prevent an immediate and serious danger to the safety of the public. Provision of space 19 Every operator of an aerodrome designated by the regulations and every person responsible for a place designated under subsection 18(3) must provide space at the aerodrome or place to the designated screening authority and maintain that space free of charge. The operator or person must also provide services in relation to that space that are reasonably required by the designated screening authority at a reasonable cost agreed to by the operator or person and the designated screening authority. Agreement 20 The designated screening authority and the person responsible for a place designated under subsection 18(3) must enter into an agreement respecting the provision of security screening services under section 18. Screening contractor 21 (1) The designated screening authority may authorize a person or entity to conduct the screening referred to in section 18 on its behalf, subject to any terms and conditions that the designated screening authority may establish. Factors (2) The designated screening authority may authorize a person or entity to conduct screening only if it is satisfied that the person or entity can meet the terms and conditions established by the designated screening authority and conduct the screening efficiently and effectively, having regard to the following factors: (a) the cost and service advantages; (b) the person or entity’s capability to conduct the screening; (c) the manner in which the screening would be integrated with other security functions. Restriction (3) A screening contractor must not authorize a person or entity, other than a screening officer, to conduct the screening referred to in section 18 on its behalf. Criteria 22 (1) The designated screening authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers and that criteria must be as stringent as or more stringent than the standards established in aviation security regulations and security measures made under the Aeronautics Act. Certification (2) The designated screening authority must certify all screening contractors and screening officers against the criteria established under subsection (1). Varying, suspending or cancelling certification (3) If the designated screening authority determines that a screening contractor or screening officer no longer meets the criteria in respect of which they were certified, the designated screening authority may vary, suspend or cancel their certification. Prohibition 23 It is prohibited for any person, other than the designated screening authority or a person or entity authorized by the designated screening authority, to provide security screening services referred to in section 18. Charges Imposition and Establishment Imposition of charges 24 (1) The designated screening authority may impose charges for security screening services that it makes available or provides under section 18 at aerodromes designated by the regulations that are to be paid by or in respect of (a) passengers who are required to undergo screening under the Aeronautics Act; and (b) persons, other than passengers, who are required to undergo screening under that Act. Exception — paragraph (1)‍(a) (2) A charge must not be imposed under paragraph (1)‍(a) in respect of the following passengers: (a) a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act; (b) a child under the age of two years, unless that child has been issued a ticket that entitles them to occupy a seat; (c) a passenger who is transported on a state aircraft of a foreign country, unless the foreign country is designated under subsection (5); (d) any other person prescribed by regulation. Exception — paragraph (1)‍(b) (3) A charge must not be imposed under paragraph (1)‍(b) in respect of a person prescribed by regulation. Charges collected by air carrier (4) A charge imposed under paragraph (1)‍(a) may be collected only in accordance with section 37, unless the charge is to be paid by or in respect of a passenger who is transported on a state aircraft of a foreign country that is designated under subsection (5). Designation (5) The Governor in Council may, by order, designate any foreign country for the purposes of paragraph (2)‍(c) and subsection (4). Establish, revise or terminate charges 25 The designated screening authority may establish, revise or terminate charges. Charging principles 26 (1) The designated screening authority must observe the following principles when it establishes, revises or terminates charges: (a) that charges must not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the designated screening authority’s current and future financial requirements related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; (b) that charges must be established, revised or terminated in accordance with an explicit methodology — that includes any conditions affecting the charges — that the designated screening authority has established and published; (c) that, unless authorized by the Minister, charges imposed under paragraph 24(1)‍(a) must be the same in respect of all passengers, except that the designated screening authority may impose different charges based on whether passengers are travelling from an aerodrome within Canada to an aerodrome within Canada, from an aerodrome within Canada to an aerodrome within the United States or from an aerodrome within Canada to an aerodrome outside of Canada, other than an aerodrome in the United States; (d) that charges may be used only to recover costs for security screening services made available or provided under section 18 at aerodromes designated by the regulations; (e) that charges must be structured in a way that does not differentiate between Canadian air carriers and foreign air carriers, among Canadian air carriers or among foreign air carriers; (f) that charges must be consistent with Canada’s international obligations in respect of aeronautics; (g) that charges should be structured in a way that prioritizes aviation security and the competitiveness of the air transportation system. Financial requirements (2) For the purposes of paragraph (1)‍(a), financial requirements include the following: (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the designated screening authority to maintain an appropriate credit rating; (f) tax liability; (g) reasonable reserves for future expenditures and contingencies; (h) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. Deduction (3) For the purposes of paragraph (1)‍(a), an amount equal to the aggregate of the following amounts is to be deducted from the designated screening authority’s financial requirements: (a) all grants and contributions received by the designated screening authority; (b) all transition period payments referred to in section 59 received by the designated screening authority; (c) all interest and investment income earned by the designated screening authority; (d) all profits earned by the designated screening authority, other than in respect of security screening services made available or provided under section 18 at aerodromes designated by the regulations. Methodology (4) The methodology referred to in paragraph (1)‍(b) must include (a) the amount of each charge; (b) the circumstances in which each charge applies; and (c) the formula or other method used to determine the amount of each charge. Increase — Consumer Price Index 27 (1) The designated screening authority may increase a charge — annually or in respect of a period of more than one year but not more than five years after the day on which the charge took effect — in accordance with (a) in the case of an annual increase, the percentage increase to the Consumer Price Index, rounded to the next 0.‍10%, for the previous year; or (b) in the case of an increase in respect of a period, the aggregate of the annual percentage increases to the Consumer Price Index, rounded to the next 0.‍10%, for that period. Proposal submitted to Agency (2) The designated screening authority must submit a proposal to increase a charge in accordance with subsection (1) to the Agency for a determination of whether the proposed increase is in accordance with that subsection. Limit (3) In making a determination, the Agency may only consider whether the proposal is in accordance with subsection (1). Agency determination (4) The Agency must make a determination within 30 days after the day on which it receives the proposal and must notify the designated screening authority in writing of its determination. Publication (5) The designated screening authority must not publish a notice of the proposal under section 29 until after it is notified of the Agency’s determination. If the Agency does not make a determination within the 30-day period, the designated screening authority may publish the notice after the day on which that period expires. Definition of Consumer Price Index (6) In this section, Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. Minister’s approval of charges 28 (1) The Minister may, on request of the designated screening authority, approve a proposal to establish or increase a charge if the Minister is of the opinion that (a) implementing a direction issued under section 16 or complying with a new requirement in a security measure, emergency direction or interim order made under the Aeronautics Act has increased or will increase the designated screening authority’s costs related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; and (b) the designated screening authority observed the charging principles in its proposal to establish or increase the charge. Request before publication (2) The designated screening authority must make the request before it publishes a notice of the proposal under section 29. Minister’s decision (3) The Minister must make a decision within 30 days after the day on which he or she receives a request and must notify the designated screening authority in writing of his or her decision. Notice of proposal 29 (1) The designated screening authority must publish a notice of any proposal to establish, revise or terminate a charge, including a proposal referred to in section 27 or 28. The designated screening authority must provide the Agency with a copy of the notice no later than the day on which it is published. Contents of notice (2) The notice must (a) describe the proposal, including the methodology, the proposed amount of the charge and the circumstances in which the charge would apply; (b) specify the date on which the charge or its termination would take effect; (c) set out the designated screening authority’s reasons for establishing, revising or terminating the charge in relation to the charging principles; (d) in the case of a proposal to increase a charge in accordance with section 27, indicate whether the Agency determined that the proposal is in accordance with subsection 27(1); (e) in the case of a proposal referred to in section 28, indicate that the Minister approved the proposal; and (f) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), indicate that a notice of objection may be filed under one of those subsections. Effective date (3) The date on which a charge or its termination would take effect must not be before (a) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), the 121st day after the day on which the notice is published; and (b) in the case of any other proposal, the 31st day after the day on which the notice is published. Duty to inform air carriers (4) The designated screening authority must, no later than the day on which a notice of a proposal is published, inform air carriers who are or will be required to collect charges under section 37. Withdrawal of proposal 30 (1) The designated screening authority may withdraw a proposal to establish, revise or terminate a charge, other than a proposal referred to in any of sections 27, 28 and 60. Limitation (2) The designated screening authority may (a) withdraw a proposal to establish or increase a charge no later than the earlier of (i) the day on which the Agency makes a determination under section 32, and (ii) the 30th day before the day on which the charge would take effect; and (b) withdraw any other proposal no later than the 30th day before the day on which the charge or its termination would take effect. Notice of withdrawal (3) The designated screening authority must publish a notice of the withdrawal and provide the Agency with a copy. If the designated screening authority is withdrawing a proposal to revise or terminate a charge, the notice of withdrawal must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Effect of withdrawal (4) If the designated screening authority withdraws a proposal, the proposed charge or termination does not take effect. Notice of Objection Notice of objection — paragraph 24(1)‍(a) 31 (1) Any interested person may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in paragraph 24(1)‍(a), file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles. Notice of objection — paragraph 24(1)‍(b) (2) A person who will be required to pay a charge referred to in paragraph 24(1)‍(b) or a person in respect of whom the charge will be imposed may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in that paragraph, file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles. Exception (3) Subsections (1) and (2) do not apply in respect of a proposal to establish or increase a charge if the designated screening authority published a notice of the proposal in accordance with subsection 27(5) or the Minister approved the proposal under section 28 or 60. Contents of notice of objection (4) A notice of objection must include the reasons for which the person filing the notice considers that the designated screening authority did not observe the charging principles. Notification by Agency (5) As soon as feasible after beginning a review of a proposal, the Agency must notify the Minister and the designated screening authority that it is reviewing the proposal. Determination by Agency 32 (1) If a notice of objection is filed with the Agency, the Agency must determine whether the designated screening authority observed all of the charging principles. Time limit (2) The Agency must make a determination as expeditiously as possible but no later than 90 days after the day on which the first notice of objection was filed. Proposal rejected (3) If the Agency determines that the designated screening authority did not observe the charging principles, the Agency must reject the proposal and the proposed charge does not take effect. Notice of rejection (4) As soon as feasible after it is informed that the Agency rejected a proposal, the designated screening authority must publish a notice indicating that the proposal has been rejected. If the proposal was to increase a charge, the notice must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Proposal approved (5) If the Agency determines that the designated screening authority observed the charging principles, the Agency must approve the proposal and the charge takes effect on the date specified in the notice published under section 29. Determination and reasons (6) The Agency must give its determination and the reasons for it in writing. Copy to Minister (7) The Agency must provide the Minister with a copy of its determination and the reasons for it immediately after the determination is made. General Provisions Confidential information 33 The Agency must take any measures necessary to maintain the confidentiality of any commercial, financial, scientific or technical information provided to the Agency in respect of a proceeding under this Act if the information has consistently been treated as confidential by any interested person or entity. No mediation 34 Section 36.‍1 of the Canada Transportation Act does not apply to a proceeding before the Agency under this Act. Determination final 35 A determination made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply in respect of it. No policy directions issued to Agency 36 Sections 24 and 43 of the Canada Transportation Act do not apply in respect of the powers, duties and functions of the Agency under this Act. Collection and Remittance Duty to collect 37 (1) An air carrier must collect, on behalf of the designated screening authority, a charge imposed under paragraph 24(1)‍(a) at the time a ticket is issued by or on behalf of the air carrier. Requirement (2) A charge that is collected under subsection (1) must be identified on the ticket as a separate charge. Duty to remit 38 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority. Charge revised after paid 39 If the amount of a charge imposed under paragraph 24(1)‍(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued. Refund 40 The designated screening authority may refund a charge imposed under paragraph 24(1)‍(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge. Seizure and Detention of Aircraft Seizure and detention of aircraft 41 (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority. Application ex parte (2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it. Release (3) The designated screening authority must release from detention an aircraft seized under this section if (a) the amount in respect of which the seizure was made is paid; (b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or (c) an order of a superior court directs the designated screening authority to do so. Exempt aircraft 42 (1) An order issued under section 41 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated. State aircraft are exempt (2) State aircraft are exempt from seizure and detention under an order issued under section 41. Enforcement Court order — section 12 43 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office. Court order — direction 44 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances. Court order — subsection 18(1) 45 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances. Offence — section 23 46 Every person who contravenes section 23 is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more than $5,000; or (b) in the case of a corporation, to a fine of not more than $25,000 for each day or part of a day that the offence continues. Offence — direction 47 (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues. Offence — subsection 29(1) (2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues. Due diligence 48 A person is not to be found guilty of an offence under section 46 or 47 if they establish that they exercised due diligence to prevent the commission of the offence. Imprisonment precluded 49 If a person is convicted of an offence under section 46 or 47, imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to the offence. Regulations Governor in Council 50 The Governor in Council may make regulations (a) designating aerodromes for the purposes of this Act; (b) prescribing persons or categories of persons for the purposes of paragraph 24(2)‍(d) or subsection 24(3); (c) respecting the collection of charges under section 37 and the remittance of charges under section 38; (d) requiring the designated screening authority to provide the Minister with any information that the Minister may request; and (e) generally for carrying out the purposes and provisions of this Act. Five-year Review Review of Act 51 (1) A review of the provisions and operation of this Act must be completed by the Minister during the fifth year after the transfer date. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Transitional Provisions Sale or disposition of assets and liabilities 52 The Canadian Air Transport Security Authority may, with the approval of the Governor in Council and on any terms and conditions that the Governor in Council considers appropriate, (a) sell or otherwise dispose of some or all of its assets and liabilities to the designated screening authority; and (b) do anything that is necessary for, or incidental to, a measure referred to in paragraph (a). Directives 53 (1) The Governor in Council may, on the recommendation of the Minister and on any terms and conditions that the Governor in Council considers appropriate, issue a written directive to the Canadian Air Transport Security Authority to take any measure referred to in section 52. Time limit (2) The Governor in Council may issue a directive only before the transfer date. Directive binding (3) The Canadian Air Transport Security Authority and its directors, officers and employees must comply with a directive as soon as feasible. Compliance with a directive is deemed to be in the Canadian Air Transport Security Authority’s best interests. Notice of implementation (4) The Canadian Air Transport Security Authority must notify the Minister as soon as feasible after a directive has been implemented. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a directive. Proceeds of disposition 54 The Canadian Air Transport Security Authority must pay the proceeds from a sale or other disposition of assets or liabilities under section 52 to the Receiver General. Financial Administration Act 55 Section 89 of the Financial Administration Act does not apply to any measure referred to in section 52. Part X of Financial Administration Act 56 The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to or in respect of the Canadian Air Transport Security Authority. Canadian Air Transport Security Authority Act 57 Beginning on the transfer date, sections 6 to 9, 27 to 30.‍1 and 34 of the Canadian Air Transport Security Authority Act are suspended. Regulations and places designated 58 On the transfer date, regulations made under paragraph 34(a) of the Canadian Air Transport Security Authority Act are deemed to have been made under section 50 of this Act and any place designated by the Minister under subsection 6(1.‍1) of that Act is deemed to be designated under subsection 18(3) of this Act. Transition period payments 59 (1) The Minister may enter into an agreement with the designated screening authority regarding transition period payments by Her Majesty in right of Canada to the designated screening authority after the transfer date. Appropriation (2) There is appropriated the sum of $872,000,000, or any greater amount that is authorized from time to time under an appropriation Act, to be paid out of the Consolidated Revenue Fund from time to time as required for the purpose of implementing an agreement referred to in subsection (1). Minister’s approval of initial charges 60 (1) The designated screening authority may, before the first anniversary of the transfer date, submit a request to the Minister for approval of the initial charges that it proposes to establish for security screening services made available or provided under section 18 at aerodromes designated by the regulations. Time limit (2) The Minister must, within 60 days after the day on which he or she receives a request, decide whether the designated screening authority observed the charging principles. Decision (3) If the Minister decides that the designated screening authority observed the charging principles, the Minister must approve the proposal. Notice in writing (4) The Minister must notify the designated screening authority in writing of his or her decision. Duty to publish notice (5) The designated screening authority must publish, in accordance with section 29, a notice of a proposal that has been approved by the Minister and must indicate in the notice that the proposal has been approved. Closing out of affairs 61 (1) Beginning on the transfer date, the Canadian Air Transport Security Authority is authorized to sell or otherwise dispose of all or substantially all of its assets and liabilities and do everything necessary for or incidental to closing out its affairs. Legal powers (2) For the purposes of this section, the Canadian Air Transport Security Authority has the capacity, rights, powers and privileges of a natural person. Minister’s power (3) Beginning on the transfer date, the Minister may require the Canadian Air Transport Security Authority to do anything that, in his or her opinion, is necessary to sell or otherwise dispose of all or substantially all of its assets and liabilities, satisfy its debts, manage its expenses or otherwise close out its affairs. Compliance (4) The Canadian Air Transport Security Authority must do what the Minister requires under subsection (3). Repeal 62 The Canadian Air Transport Security Authority Act, section 2 of chapter 9 of the Statutes of Canada, 2002, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council. Dissolution 63 The Canadian Air Transport Security Authority is dissolved on a day to be fixed by order of the Governor in Council. Consequential Amendments R.‍S.‍, c. A-2 Aeronautics Act 271 Subsection 3(1) of the Aeronautics Act is amended by adding the following in alphabetical order: designated screening authority has the same meaning as in subsection 2(1) of the Security Screening Services Commercialization Act; (administration de contrôle désignée) 2004, c. 15, s. 5 272 Paragraph 4.‍71(2)‍(k) of the Act is replaced by the following: (k) requiring security management systems to be established by the designated screening authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; 2004, c. 15, s. 5 273 (1) Paragraph 4.‍81(3)‍(c) of the Act is replaced by the following: (c) the president of the designated screening authority; and 2004, c. 15, s. 5 (2) Paragraph 4.‍81(4)‍(c) of the Act is replaced by the following: (c) in the case of information disclosed to the president of the designated screening authority, only to persons in the designated screening authority; and 2004, c. 15, s. 5 274 Subsection 4.‍82(8) of the Act is replaced by the following: Disclosure to Minister and other persons (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the designated security authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the designated screening authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister. 2004, c. 15, s. 21(1) 275 Paragraph 8.‍7(1)‍(a) of the Act is replaced by the following: (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the designated screening authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; R.‍S.‍, c. F-11 Financial Administration Act 2002, c. 9, s. 3 276 Part I of Schedule III to the Financial Administration Act is amended by striking out the following: Canadian Air Transport Security Authority Administration canadienne de la sûreté du transport aérien 1996, c. 10 Canada Transportation Act 2007, c. 19, s. 8(4) 277 Subparagraph 50(1.‍1)‍(c)‍(i) of the Canada Transportation Act is replaced by the following: (i) the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, 2015, c. 20, s. 11 Secure Air Travel Act 278 Paragraph 28(1)‍(a) of the Secure Air Travel Act is replaced by the following: (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and Coming into Force Transfer date 279 (1) Sections 16 to 23 and 44 to 46 and subsection 47(1) of the Security Screening Services Commercialization Act, as enacted by section 270 of this Act, come into force on the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act. Transfer date (2) Sections 271 to 275, 277 and 278 of this Act come into force on the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act. Canada Gazette (3) The Minister of Transport must publish in the Canada Gazette a notice of the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, as soon as feasible after that date. Order in council (4) Sections 14, 24 and 37 to 42 of the Security Screening Services Commercialization Act, as enacted by section 270 of this Act, come into force on a day to be fixed by order of the Governor in Council. Dissolution date (5) Section 276 of this Act comes into force on the day fixed by order under section 63 of the Security Screening Services Commercialization Act, as enacted by section 270 of this Act. DIVISION 13  2014, c. 29, s. 2 Aviation Industry Indemnity Act 280 The long title of the Aviation Industry Indemnity Act is replaced by the following: An Act respecting the indemnity of certain aviation industry participants and beneficiaries for certain events 281 The definition event in section 2 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services, as defined in subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to the Department of National Defence or the Canadian Forces. (événement) 282 (1) Subsection 3(1) of the Act is replaced by the following: Undertaking by Minister 3 (1) The Minister may, in writing, undertake to indemnify (a) any aviation industry participant or class of aviation industry participant against their loss or damage, or liability for loss or damage, that is caused by an event; or (b) any beneficiary or class of beneficiary under an insurance policy held by an aviation industry participant against that beneficiary’s, or class of beneficiary’s, loss or damage that is caused by an event. (2) Paragraphs 3(2)‍(a) and (b) of the French version of the Act are replaced by the following: a) tout ou partie des pertes ou dommages que le participant de l’industrie aérienne ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou dont le participant est responsable qui ne sont pas assurés ou qui ne donnent par ailleurs pas droit à une indemnité; b) les pertes ou dommages que le participant ou le bénéficiaire subissent ou dont le participant est responsable qui ne constituent pas exclusivement des pertes de revenus. (3) Paragraph 3(3)‍(c) of the French version of the Act is replaced by the following: c) préciser les catégories de pertes ou de dommages que le participant ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou les catégories de responsabilité engagée par le participant à l’égard de pertes ou de dommages, qui sont visées par l’engagement ou qui en sont exclues; (4) Paragraph 3(3)‍(d) of the Act is replaced by the following: (d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out under the undertaking; (5) Paragraph 3(3)‍(e) of the French version of the Act is replaced by the following: e) exiger de tout participant qu’il contracte une assurance minimale contre des événements pour le montant que précise le ministre; (6) Paragraph 3(3)‍(f) of the Act is replaced by the following: (f) require that an aviation industry participant or any beneficiary under an insurance policy held by an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant or beneficiary is a party that are related to loss, damage or liability covered by the undertaking. (7) Subsection 3(4) of the Act is replaced by the following: Different terms (4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants or beneficiaries, including among aviation industry participants or beneficiaries of the same class, and may distinguish among classes of aviation industry participants or beneficiaries. 283 Section 4 of the Act is amended by adding the following after subsection (2): Exception (3) Subsection (2) does not apply to an undertaking, an amended undertaking or a revocation of an undertaking to indemnify NAV CANADA, or any beneficiary under an insurance policy held by NAV CANADA, that covers only events referred to in paragraph (c) of the definition event in section 2. 284 Section 5 of the Act is replaced by the following: Request for information 5 At any time after the Minister issues an undertaking, he or she may request that aviation industry participants — or beneficiaries under an insurance policy held by an aviation industry participant — that are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to those aviation industry participants’ eligibility and their existing level of insurance coverage for events covered by the undertaking. 285 Section 6 of the Act is replaced by the following: Notice of potential claim 6 (1) In order to submit a claim for indemnification with respect to an event, an aviation industry participant or beneficiary under an insurance policy held by that participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred. Information to be provided (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary in the circumstances. 286 (1) Subsections 7(1) and (2) of the Act are replaced by the following: Claim and indemnification 7 (1) After an aviation industry participant or beneficiary under an insurance policy held by that participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and  —  if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred  —  indemnify the participant or beneficiary accordingly. Further information (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification. (2) Subsection 7(5) of the Act is replaced by the following: Fault (5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant or beneficiary if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of that aviation industry participant or beneficiary, as the case may be. 287 Section 9 of the Act is replaced by the following: Subrogation 9 (1) Her Majesty in right of Canada is subrogated, to the extent of a payment under an undertaking to an aviation industry participant or beneficiary under an insurance policy held by that participant, to all of the participant’s or beneficiary’s rights in respect of the loss, damage or liability for which the payment was made. Action (2) Her Majesty in right of Canada may maintain an action, in the aviation industry participant’s or beneficiary’s name or in the name of Her Majesty, against any person to enforce those rights. 288 Section 10 of the Act is replaced by the following: Assessment 10 The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage, or other similar coverage, for events referred to in paragraph (a) or (b) of the definition event in section 2. 289 Section 11 of the Act is amended by adding the following after subsection (1): Exception (1.‍1) The Minister must only report on his or her activities with respect to an undertaking covering an event referred to in paragraph (c) of the definition event in section 2 if he or she issues, amends or revokes such an undertaking. DIVISION 14  2001, c. 29 Transportation Appeal Tribunal of Canada Act 2018, c. 2, s. 18 290 Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction in respect of other Acts (3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to 129.‍19 of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Navigation Protection Act and sections 130.‍01 to 130.‍19 of the Marine Liability Act. DIVISION 15  Immigration and Citizenship Representation or Advice Purpose of Division 291 The purpose of this Division is to maintain the integrity of Canada’s immigration and citizenship system. Enactment of Act Enactment 292 The College of Immigration and Citizenship Consultants Act is enacted as follows: An Act respecting the College of Immigration and Citizenship Consultants Short Title Short title 1 This Act may be cited as the College of Immigration and Citizenship Consultants Act. Interpretation and Application Definitions 2 The following definitions apply in this Act. Board means the board of directors referred to in subsection 17(1).‍ (conseil) College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86.‍ (Collège) immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.‍1(2)‍(a) or (b) or subsection 21.‍1(3) or (4) of the Citizenship Act or paragraph 91(2)‍(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act.‍ (consultant en immigration et en citoyenneté) licence means a licence issued under this Act. (permis) Minister means the federal minister designated under section 3. (ministre) prescribed means prescribed by the regulations.  (Version anglaise seulement) privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries.‍ (protégé) Registrar means the Registrar of the College appointed under section 30.‍ (registraire) Designation of Minister 3 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act. Organization College Purpose 4 The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by (a) establishing and administering qualification standards, standards of practice and continuing education requirements for licensees; (b) ensuring compliance with the code of professional conduct; and (c) undertaking public awareness activities. Head office 5 The College’s head office is to be at the place in Canada that is designated in the College’s by-laws. Capacity 6 (1) In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person. Extraterritorial capacity (2) For greater certainty, the College may exercise the rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit. Status 7 The College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration. Canada Not-for-profit Corporations Act 8 The Canada Not-for-profit Corporations Act does not apply to the College. Official Languages Act 9 The Official Languages Act applies to the College. Members 10 The members of the College are the licensees. Annual general meeting 11 The College must hold an annual general meeting of members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board. Notice 12 The College must give members notice of the time and place of the annual general meeting in accordance with the by-laws. Compensation fund 13 The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee. Public records 14 (1) The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain (a) its by-laws, and amendments to them; (b) the minutes of the Board’s public meetings; (c) a register of directors; (d) a register of officers; and (e) its audited annual financial statements as approved by the Board. Accounting records and financial statements (2) The College must prepare and maintain adequate accounting records and annual financial statements. Retention period (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board. Annual report 15 (1) The College must submit to the Minister, within 90 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year. Tabling report (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it. Board of Directors Duties and powers of Board 16 (1) The Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act. Delegation (2) The Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powers (a) to amend or repeal regulations; (b) to make by-laws; and (c) to approve audited annual financial statements. Composition 17 (1) The College has a board of directors composed of at least seven directors, including the Chairperson. Order fixing number of directors (2) The Minister may, by order, fix the number of directors. Appointed directors (3) Subject to subsection (4), the Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors. Maximum number of appointed directors (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board. Elected directors (5) The remaining directors are to be licensees elected in accordance with the by-laws. Mailing address 18 Each director must provide the College with their mailing address and with notice of any change in that address. Term 19 (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each. Determination of term (2) The length of a director’s term is to be (a) set out by the Minister in the order appointing the director, if the director is appointed; or (b) determined in accordance with the by-laws, if the director is elected. Staggered terms (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day. Continuation in office — appointed directors (4) Despite subsection (1) and subject to section 23, an appointed director continues to hold office until they are reappointed or their successor is appointed. Ineligibility 20 An individual is not eligible to be appointed or elected as a director if they (a) are less than 18 years of age; (b) are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) have the status of bankrupt; (d) in the case of an appointment to the Board, (i) are a licensee, or (ii) are employed in any capacity in the federal public administration; (e) in the case of election to the Board, have a licence that is suspended; or (f) are ineligible under any other criteria set out in the regulations. Validity of acts of directors and officers 21 An act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment. Removal — appointed directors 22 (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister. Removal — elected directors (2) An elected director may be removed in accordance with the by-laws. Ceases to be director 23 A director ceases to be a director if (a) they die; (b) they resign; (c) they are removed from office under section 22; or (d) any prescribed circumstance applies. Remuneration and expenses 24 The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws. Chairperson 25 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws. Duties (2) The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws. Removal (3) The Board may remove the Chairperson in accordance with the by-laws. Meetings 26 (1) The Board must hold a meeting at least once every calendar year. Quorum (2) A majority of the number of directors fixed by the Minister under subsection 17(2) constitutes a quorum at any meeting of the Board. Notice of meeting (3) The Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76. Public meetings (4) Subject to the by-laws, meetings of the Board are to be open to the public. Observer — in camera meetings (5) An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera. Telecommunications (6) Subject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting. Validity of signed resolutions 27 (1) A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board. Filing resolution (2) Subject to the by-laws made under paragraph 80(1)‍(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors. Chief Executive Officer 28 The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board. Committees Complaints Committee and Discipline Committee 29 (1) Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee. Appointment (2) The members of each committee are to be appointed by the Board in accordance with the regulations. Term (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each. Acting after expiry of term (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun. Removal (5) The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board. Limitation (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time. Other committees (7) The Board may establish other committees of the College. Registrar Appointment 30 (1) The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each. Removal (2) The Registrar holds office during good behaviour and may be removed for cause by the Board. Role (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees. Register available to public 31 (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate. Updated information (2) The Registrar must ensure that the information included in the register is updated in a timely manner. Notice to Minister 32 The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances: (a) a licence is suspended; (b) a licence is revoked; (c) a licence is surrendered; and (d) any other prescribed circumstance. Licence 33 (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class. Conditions (2) A licence issued under this section is subject to any conditions or restrictions imposed under this Act. Application (3) An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar. Surrender of licence 34 The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws. Powers of Registrar — verification 35 (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees, (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant. Dwelling-house (2) If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent. Privileged information 36 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information. Referral to Complaints Committee 37 If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration. Decision of Registrar 38 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances, (a) suspend the licensee’s licence; (b) revoke the licensee’s suspended licence; or (c) take or require any other action set out in the regulations. Compliance with decision 39 A licensee who is the subject of a decision made under section 38 must comply with it. Notice to licensees — revocation or suspension 40 (1) The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence. Notice to licensees — dismissal of complaint (2) The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal. Delegation 41 Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act. Licensees Professional liability insurance 42 (1) Subject to subsection (2), a licensee must be insured against professional liability. Exemption (2) A licensee may be exempted by the by-laws from the application of subsection (1). Professional Conduct Code of professional conduct 43 (1) The Minister must, by regulation, establish a code of professional conduct for licensees. Amendment or repeal (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code. Standards of professional conduct and competence 44 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent. Complaints Complaint to the College 45 Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee. Referral to Complaints Committee 46 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee. Referral to another body 47 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession. Consideration and investigation of complaints 48 (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities. Consideration and investigation on Committee’s initiative (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities. Jurisdiction — former licensees 49 For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee. Investigations Investigator 50 (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction. Revocation (2) The Complaints Committee may revoke the designation. Power to require information and documents 51 (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and (b) to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person. Authority to enter (2) Subject to subsection 52(1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located. Other powers (3) The investigator may, for that purpose, (a) examine anything in the place; (b) remove the thing for examination or copying; (c) use any copying equipment in the place, or cause it to be used; (d) open or order any person to open any container or package found in the place; (e) use any means of communication in the place, or cause it to be used; (f) use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it; (g) prepare a document, or cause one to be prepared, based on the data; and (h) take photographs or make recordings or make a copy of anything in the place. Duty to assist (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose. Warrant to enter dwelling-house 52 (1) If the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 51(2); (b) entry to the dwelling-house is necessary for the purposes of the investigation; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force 53 In executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Privileged information 54 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information. Obstruction and false statements 55 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions. Immunity Immunity — civil liability 56 A person who exercises powers or performs duties or functions under any of sections 35 and 51 to 53 does not incur civil liability in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. Decision of Complaints Committee Referral to Discipline Committee 57 (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee. Measures if not referred to Discipline Committee (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must (a) notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision; (b) require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the complainant and the licensee consent. If dispute resolution not successful (3) If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter. Disciplinary Proceedings Complaints referred by Complaints Committee 58 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee. Rules of procedure 59 The Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs. Panel of Discipline Committee 60 (1) Any panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee. Decision of panel (2) A decision of a panel is a decision of the Discipline Committee. Parties 61 The Complaints Committee and the licensee are parties to the proceeding. Right of parties to make submissions 62 The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee. Submissions — other persons 63 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it. Public hearings 64 Subject to the regulations, the by-laws and the rules referred to in section 59, any oral hearings of the Discipline Committee are open to the public. Jurisdiction — former licensees 65 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee. Powers of Discipline Committee 66 The Discipline Committee has the power (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; and (c) to accept any evidence, whether admissible in a court of law or not. Privileged information 67 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information. Powers before decision 68 (1) Before making a decision under section 69, the Discipline Committee may decide to take any action referred to in paragraph 69(3)‍(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public. Action is provisional (2) Any action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69, unless the action is confirmed in the decision. Decision on complaint 69 (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent. Dismissal of complaint (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint. Professional misconduct or incompetence (3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, (a) impose conditions or restrictions on the licensee’s licence; (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both; (c) revoke the licensee’s licence; (d) require the licensee to pay a penalty of not more than the prescribed amount to the College; or (e) take or require any other action set out in the regulations. Decision and reasons in writing (4) The Discipline Committee must give its decision and the reasons for it in writing. Decision and reasons available to public (5) Subject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate. Notice to Registrar (6) The Discipline Committee must provide a copy of its decision to the Registrar. Payment into compensation fund (7) If a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13. Compliance with decision 70 Any person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it. Judicial Review Respondent — College 71 If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application. Non-application of certain Acts 72 For the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act. Minister — judicial review 73 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint. Powers of Minister Powers of Minister 74 (1) The Minister may (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act. Deemed best interests (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College. Person acting for Board 75 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister. Observer 76 (1) The Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides. Confidential information (2) An observer is authorized to disclose confidential information to the Minister. Prohibition and Injunction Unauthorized practice 77 A person, other than a licensee, must not (a) use the title “immigration consultant,” “citizenship consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee; (b) represent themselves, in any way or by any means, to be a licensee; or (c) unless the person is a person referred to in paragraph 21.‍1(2)‍(a) or (b) or subsection 21.‍1(3) or (4) of the Citizenship Act or paragraph 91(2)‍(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act, knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act. Injunction 78 On application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate. Offences and Punishment Offences and punishment 79 (1) Every person who contravenes section 55 or an order made under paragraph 66(a) or who contravenes section 70 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. By-laws and Regulations By-laws 80 (1) The Board may, by a resolution approved by at least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws (a) designating the place in Canada where the head office of the College is to be located; (b) respecting annual general meetings; (c) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid; (d) respecting the election of directors, the terms of elected directors and their removal; (e) respecting the remuneration and expenses of directors; (f) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties; (g) respecting the Board’s meetings and activities, including voting; (h) respecting the filling of vacancies caused by the temporary absence or incapacity of elected directors; (i) establishing a code of ethics for the directors, officers and employees of the College; (j) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees; (k) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees; (l) establishing the time within which and the manner in which any fees or other amounts are to be paid; (m) respecting the classes of firm in connection with which a licensee may work as a licensee; (n) establishing classes of licences and prescribing eligibility requirements for each class; (o) respecting conditions or restrictions to be imposed on licences or classes of licences; (p) respecting the maintenance of licensees’ competencies and continuing professional development requirements for licensees; (q) respecting the surrender of licences and applications for a surrender; (r) respecting the professional liability insurance that licensees are required to maintain; (s) exempting licensees from the requirement to be insured against professional liability; (t) respecting the information and documents that licensees must provide to the College; (u) respecting the keeping and preservation of records by licensees; (v) establishing a procedure for resolving disputes in respect of fees charged by licensees; (w) respecting pro bono work by licensees; (x) respecting the making of complaints to the College; (y) respecting the activities of the Complaints Committee; and (z) respecting the circumstances in which information is to be treated as confidential and limiting the use and disclosure of that information. Different treatment (2) The by-laws made under subsection (1) may distinguish among classes of licences. Mandatory eligibility requirement (3) Any by-law that establishes a class of licence that does not prevent a licensee who holds a licence of that class from representing persons before the Immigration and Refugee Board must also provide, as an eligibility requirement for that class, that licensees must have completed training related to appearing before a tribunal. Notice (4) A by-law imposing a new condition or restriction on a class of licence must not come into force unless 90 days’ notice has been given to the licensees who hold a licence of that class. For greater certainty (5) For greater certainty, by-laws are not required to be approved by the members of the College. Regulations — Governor in Council 81 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid; (b) respecting the reports and information that must be provided or submitted to the Minister; (c) prescribing ineligibility criteria for the purposes of section 20; (d) respecting the consequences of meeting the ineligibility criteria referred to in section 20 while in office; (e) respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College; (f) respecting the Complaints Committee, the Discipline Committee and any other committees of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them, the remuneration of members, the terms of members and their removal; (g) establishing committees of the College; (h) respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration; (i) respecting the register of licensees, including the contents of the register and the manner in which it is to be made available to the public; (j) respecting the issuance of licences, establishing a process for making decisions under subsection 33(1) and prescribing the circumstances in which the process is to be followed; (k) respecting the verifications referred to in section 35 and imposing limits on the exercise of the powers under that section; (l) prescribing the circumstances in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration; (m) establishing a process for making decisions under section 38 and prescribing the circumstances in which the process is to be followed; (n) respecting the actions that may be taken or required by the Registrar under section 38, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty; (o) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated; (p) respecting the examination and copying of a thing under section 51 and the removal of the thing for examination or copying; (q) respecting the circumstances in which the Registrar, the Complaints Committee, an investigator and the Discipline Committee may obtain and use privileged information, the process to be followed by them in order to obtain and use that information and the limits to obtaining and using that information; (r) prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee; (s) respecting the actions that may be taken or required by the Discipline Committee under subsections 68(1) and 69(3), which may include the requirement to reimburse all or a portion of the costs incurred by the College or by any other person during the proceeding before the Committee or all or a portion of the fees or disbursements paid to the licensee by a client or to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty; (t) prescribing the circumstances in which the actions referred to in paragraph (s) may be taken or required; (u) prescribing the manner in which decisions and reasons of the Discipline Committee are to be made available to the public and the circumstances in which decisions and reasons of the Committee are not required to be made available to the public; (v) prescribing the circumstances in which the Minister may appoint a person under section 75 and imposing limits on the powers, duties, functions, conditions and period that the Minister may specify under that section; (w) respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; and (x) prescribing anything that, by this Act, is to be or may be prescribed. Authorization (2) Regulations made under paragraphs (1)‍(c) to (e), (i) and (u) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act. No waiver (3) For greater certainty, the disclosure of privileged information under a regulation made under paragraph (1)‍(q) to the Registrar, the Complaints Committee, an investigator or the Discipline Committee does not constitute a waiver of the privilege. Regulations prevail 82 The regulations prevail over the by-laws to the extent of any inconsistency or conflict between them. Transitional Provisions Definitions 83 The following definitions apply in sections 84 to 87. Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011.‍ (Conseil) date of continuance means the date specified in an order made under subsection 84(2).‍ (date de prorogation) date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force.‍ (date de transition) Application for continuance 84 (1) The Council may, if it is authorized to do so by its members in accordance with subsections 213(3) to (5) of the Canada Not-for-profit Corporations Act, apply to the Minister to be continued under this Act. Approval of application (2) Unless an order has been made under section 86, after receiving an application made under subsection (1), the Minister must, by order, approve the continuance and specify a date of continuance. Copy of order (3) If the Minister makes an order under subsection (2), he or she must provide the Director appointed under section 281 of the Canada Not-for-profit Corporations Act with a copy of it. Canada Not-for-profit Corporations Act (4) An order made under subsection (2) is, for the purpose of subsection 213(7) of the Canada Not-for-profit Corporations Act, deemed to be a notice that the corporation has been continued, and that subsection 213(7) is to be applied in respect of the Council without regard to the words “if the Director is of the opinion that the corporation has been continued in accordance with this section”. Non-application of certain subsections (5) For the purposes of this Act, subsections 213(1), (2), (6) and (10) of the Canada Not-for-profit Corporations Act do not apply. Applicable provisions if Council continued 85 (1) Subsections (2) to (8) apply if the Council is continued under section 84. Definition of transitional period (2) In subsections (3) and (4), transitional period means the period beginning on the date of continuance and ending on the day before the day on which an order made under subsection 17(2) comes into force. Initial organization of Board (3) During the transitional period, the College’s Board is to be composed of nine directors, five of which are to be appointed by the Minister. Of the four other directors, two are to be the persons who held the positions of Chair and Vice-Chair of the Council’s board of directors immediately before the date of continuance, and the two others are to be selected by that Chair from among the directors of the Council’s board of directors who were members of the Council immediately before that date on the recommendation, if any, of the Council’s board of directors. Deemed election or appointment (4) The five directors appointed by the Minister are deemed to have been appointed under subsection 17(3) and the four other directors referred to in subsection (3) are deemed to have been elected under subsection 17(5). End of term (5) The directors hold office for a term that ends on the day on which the transitional period ends. Performance review (6) The Board must, within 12 months after the date of continuance, review the performance of any officers of the College, including the Chief Executive Officer. Effects of continuance (7) Beginning on the date of continuance, (a) the Council becomes the College of Immigration and Citizenship Consultants, a corporation without share capital to which this Act applies as if it had been established under this Act; (b) unless the context otherwise requires, every reference to the Council in any contract, instrument or act or other document executed or signed by the Council is to be read as a reference to the College; (c) the property and rights of the Council are the property and rights of the College; (d) the College is liable for the obligations of the Council; (e) the status of any person who, immediately before the date of continuance, was an officer or employee of the Council or a member of the Complaints Committee or Discipline Committee of the Council and any term or condition of their appointment or employment are unaffected, except that, as of that day, the person is an officer or employee of the College or a member of the Complaints Committee or Discipline Committee of the College, as the case may be; (f) an existing cause of action, claim or liability to prosecution of or against the Council is unaffected; (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College; (h) any conviction against, or ruling, order or judgment in favour of or against, the Council may be enforced by or against the College; (i) any matter before the Council immediately before the date of continuance, including any matters related to complaints and discipline, are continued before the College; (j) the members of the Council are holders of a class of licence, until the day before the day on which by-laws made under paragraph 80(1)‍(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of continuance continue to apply; (k) persons registered with the Council as Regulated International Student Immigration Advisors are, until the day before the day on which by-laws made under paragraph 80(1)‍(n) come into force, holders of a class of licence that is subject to the following restrictions in addition to any conditions or restrictions to which their registration was subject immediately before the date of continuance: (i) the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act and applications under that Act, and (ii) the holder must not represent any person in connection with submissions of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act; (l) any application for membership in, or registration with, the Council is continued as an application for a licence; (m) the eligibility requirements for membership in, or registration with, the Council that were in effect immediately before the date of continuance remain in effect and apply to any application for a licence until the day before the day on which a by-law made under paragraph 80(1)‍(n) comes into force; (n) the code of professional ethics regulating members of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors remain in effect until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics; (o) subject to paragraphs (m) and (n), every by-law of the Council and every regulation made by the Council’s board of directors remains in effect, to the extent that it is not inconsistent with this Act, until the day before the day on which a by-law made under section 80 comes into force and, until that day, a reference to the by-laws in this Act is also to be read as a reference to those by-laws of the Council and those regulations made by the Council’s board of directors; (p) the rules of procedure of the Discipline Committee of the Council remain in effect, to the extent that they are not inconsistent with this Act, until the day before the day on which the Discipline Committee of the College makes rules respecting practice and procedure under section 59; (q) the College’s Complaints Committee has jurisdiction to consider and conduct an investigation into a complaint in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance; (r) the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in; (s) every decision of the Council, including those made by the Registrar of the Council and the Council’s Discipline Committee, that was in force immediately before the date of continuance remains in force as if it were a decision of the College; (t) the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails to (i) pay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws, (ii) provide, in accordance with the by-laws, any information or document required by the by-laws, (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or (iv) comply with any requirement with respect to professional liability insurance that is imposed under this Act; (u) the prescribed period referred to in paragraph 69(3)‍(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing the period comes into force; and (v) the prescribed amount referred to in paragraph 69(3)‍(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing the amount comes into force. Transitional provisions — new classes of licence (8) For greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)‍(j) and (k) to the new classes of licence established by the by-laws. Establishment of College 86 If the Council has not been continued under section 84 and a period of six months — or any shorter period that the Governor in Council may, by order, specify — has elapsed after the day on which this section comes into force, the Minister may establish, by order, a corporation without share capital to be known as the College of Immigration and Citizenship Consultants. Applicable provisions if College established 87 (1) Subsections (2) to (10) apply if the College is established by an order made under section 86. Definition of transitional period (2) In subsections (3) and (4), transitional period means the period beginning on the day on which an order made under section 86 comes into force and ending on the day before the day on which an order made under subsection 17(2) comes into force. Initial organization of Board (3) During the transitional period, the College’s Board is to be composed of five directors to be appointed by the Minister. Deemed appointment (4) The directors are deemed to have been appointed under subsection 17(3). They hold office for a term that ends on the day on which the transitional period ends. College not a Crown Corporation (5) Despite Part X of the Financial Administration Act, the College is not a Crown corporation as defined in subsection 83(1) of that Act. Right to relevant records (6) Beginning on the day on which an order made under section 86 comes into force, any person who is in possession or control of records of the Council that are relevant to the purpose of the College must, at the College’s request, provide the College with a copy of those records. Effects of transition (7) Beginning on the date of transition, (a) subject to subsection (8), persons who were members of the Council immediately before the date of transition are holders of a class of licence until the day before the day on which by-laws made under paragraph 80(1)‍(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of transition continue to apply; (b) subject to subsection (8), persons who were registered with the Council as Regulated International Student Immigration Advisors immediately before the date of transition are, until the day before the day on which by-laws made under paragraph 80(1)‍(n) come into force, holders of a class of licence that is subject to the following restrictions, in addition to any conditions or restrictions to which their registration was subject immediately before the date of transition: (i) the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act and applications under that Act, and (ii) the holder must not represent any person in connection with submissions of an expression of interest under subsection 10.‍1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act; (c) the code of professional ethics regulating members of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors that were in effect immediately before the date of transition apply until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics; (d) the College may deal with any matter related to complaints and discipline that was pending before the Council immediately before the date of transition; (e) the College’s Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition; (f) the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in; (g) for the purposes of paragraphs (e) and (f), a member referred to in paragraph (a) or a person referred to in paragraph (b) committed professional misconduct or was incompetent if they failed to meet the standards of professional conduct and competence that were established by the code of professional ethics regulating members of the Council or the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors, as the case may be, that was in effect when the conduct or activities were engaged in; (h) the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails to (i) pay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws, (ii) provide, in accordance with the by-laws, any information or document required by the by-laws, (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or (iv) comply with any requirement with respect to professional liability insurance that is imposed under this Act; (i) the prescribed period referred to in paragraph 69(3)‍(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing that period comes into force; (j) the prescribed amount referred to in paragraph 69(3)‍(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing that amount comes into force; and (k) every decision of the Council that suspends a member referred to in paragraph (a) or a person referred to in paragraph (b), or imposes conditions or restrictions on their membership or registration, and that was in force immediately before the date of transition becomes a suspension of a licence or a condition or restriction to which a licence is subject, as the case may be, and continues to be such until the date specified in the decision or until the College lifts the suspension, conditions or restrictions. Registration fees (8) A member of the Council referred to in paragraph (7)‍(a) or a person referred to in paragraph (7)‍(b) continues to be a holder of a licence only if, within two months after the date of transition, or within any longer period specified by the College and posted on its website, they pay the registration fee specified by the College and posted on its website. Limit (9) A by-law must not be made under paragraph 80(1)‍(n) on or before the date of transition. Transitional provisions — new classes of licence (10) For greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)‍(a) and (b) to the new classes of licence established by the by-laws. Regulations 88 The Governor in Council may make regulations providing for any other transitional matters arising from the coming into force of this Act. Related Amendments R.‍S.‍, c. C-29 Citizenship Act 2014, c. 22, s. 18 293 (1) Paragraph 21.‍1(2)‍(c) of the Citizenship Act is replaced by the following: (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act. 2014, c. 22, s. 18 (2) Subsections 21.‍1(5) to (8) of the Act are repealed. 294 (1) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (k.‍5) and by adding the following after paragraph (k.‍5): (k.‍6) establishing a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.‍7) and setting the amounts of those administrative monetary penalties; (k.‍7) designating as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act; (k.‍8) prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.‍7); (k.‍9) providing for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.‍7); and (2) Section 27 of the Act is amended by adding the following after subsection (2): Right to request review (3) Any regulation made under paragraph (1)‍(k.‍6) must provide that a person referred to in any of subsections 21.‍1(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed. Appointment — order (4) The Governor in Council may, by order, appoint one or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)‍(k.‍6) and to perform any other function conferred on them by a regulation made under that paragraph. Tenure (5) A person appointed by order under subsection (4) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time. 2014, c. 22, s. 29 295 Paragraphs 29.‍1(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both. 2001, c. 27 Immigration and Refugee Protection Act 2011, c. 8, s. 1 296 (1) Paragraph 91(2)‍(c) of the Immigration and Refugee Protection Act is replaced by the following: (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act. 2011, c. 8, s. 1; 2013, c. 40, ss. 292(2) and (3)‍(E) (2) Subsections 91(5) to (7) of the Act are repealed. 2011, c. 8, s. 1 (3) Subsections 91(7.‍1) and (8) of the Act are replaced by the following: Québec Immigration Act (7.‍1) For greater certainty, the Québec Immigration Act, CQLR, c. I-0.‍2.‍1, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and is a member of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act. 2011, c. 8, s. 1 (4) Paragraphs 91(9)‍(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both. 297 The Act is amended by adding the following after section 91: Regulations 91.‍1 (1) The regulations may (a) establish a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (b) and set the amounts of those administrative monetary penalties; (b) designate as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with the submission of an expression of interest under subsection 10.‍1(3) or a proceeding or application under this Act; (c) prohibit acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (b); and (d) provide for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (b). Right to request review (2) Any regulation made under paragraph (1)‍(a) must provide that a person referred to in any of subsections 91(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed. Appointment — order (3) The Governor in Council may, by order, appoint one or more Canadian citizens or permanent residents to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)‍(a) and to perform any other function conferred on them by a regulation made under that paragraph. Tenure (4) A person appointed by order under subsection (3) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time. Consequential Amendments R.‍S.‍, c. A-1 Access to Information Act 298 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté R.‍S.‍, c. P-21 Privacy Act 299 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté Coming into Force Order in council 300 (1) Section 292 comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Section 293 and subsections 296(1) to (3) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day that is fixed under subsection (1). Date of continuance or order in council (3) Sections 298 and 299 come into force on the date of continuance, as defined in section 83 of the College of Immigration and Citizenship Consultants Act, or on the day on which an order made under section 86 of that Act comes into force. DIVISION 16  2001, c. 27 Immigration and Refugee Protection Act Amendments to the Act 301 Subsection 3(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (f): (f.‍1) to maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system; 302 (1) Section 24 of the Act is amended by adding the following after subsection (3): Restriction — pending application for protection (3.‍1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Minister that is pending. 2010, c. 8, s. 3 (2) Subsection 24(4) of the Act is replaced by the following: Restriction (4) A foreign national whose claim for refugee protection has not been allowed may not request a temporary resident permit if less than 12 months have passed since (a) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review; or (b) in any other case, the latest of (i) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (ii) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (iii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim. 2012, c. 17, s. 13(3) 303 Subsection 25(1.‍2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following: (b.‍1) the foreign national made a claim for refugee protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Minister that is pending; or (c) subject to subsection (1.‍21), less than 12 months have passed since (i) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or (ii) in any other case, the latest of (A) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (C) the day on which the Federal Court refused the foreign national’s application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection. 304 The Act is amended by adding the following after section 87.‍3: Applications for Temporary Resident Visas, Work Permits and Study Permits Order in council 87.‍31 (1) If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following: (a) applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; (b) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; or (c) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated. Other elements of order (2) An order made under subsection (1) may (a) restrict the application of the order to applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order; (b) provide for the retention, return or other disposition of applications; (c) if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection. Clarification (3) The fact that an application is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made. 305 (1) Subsection 100(1) of the Act is replaced by the following: Referral to Refugee Protection Division 100 (1) An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board. (2) Subsection 100(3) of the Act is replaced by the following: Consideration of claim (3) The Refugee Protection Division may not consider a claim until it is referred by the officer. 306 Subsection 101(1) of the Act is amended by adding the following after paragraph (c): (c.‍1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws; 307 (1) The portion of subsection 104(1) of the Act before paragraph (b) is replaced by the following: Notice of ineligible claim 104 (1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.‍1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that (a) the claim is ineligible under paragraphs 101(1)‍(a) to (e), other than paragraph 101(1)‍(c.‍1); (a.‍1) the claim is ineligible under paragraph 101(1)‍(c.‍1); (2) Paragraph 104(2)‍(a) of the Act is replaced by the following: (a) if given under paragraph (1)‍(a), (b) or (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim; (a.‍1) if given under paragraph (1)‍(a.‍1), it terminates pending proceedings in the Refugee Protection Division or, in the case of an appeal made by the claimant, the Refugee Appeal Division, respecting the claim; and 2012, c. 17, s. 38(1) 308 (1) Paragraph 112(2)‍(b.‍1) of the Act is amended by replacing “since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;” with the following: since (i) the day on which their claim for refugee protection was rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or (ii) in any other case, the latest of (A) the day on which their claim for refugee protection was rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (B) the day on which their claim for refugee protection was rejected — unless it was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (C) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection, unless that claim was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention; or 2012, c. 17, s. 84(3) (2) Paragraph 112(2)‍(c) of the Act is amended by replacing “since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.‍” with the following: since (i) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Minister, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or (ii) in any other case, the later of (A) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Minister or, if there was more than one such rejection or determination, the day on which the last one occurred, and (B) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their application for protection. 308.‍1 The Act is amended by adding the following after section 113: Mandatory hearing 113.‍01 Unless the application is allowed without a hearing, a hearing must, despite paragraph 113(b), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)‍(c.‍1). Transitional Provisions Prior claim for refugee protection made to another country 309 If a Bill introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2019, No. 1 receives royal assent, paragraph 101(1)‍(c.‍1) of the Immigration and Refugee Protection Act (a) does not apply to a claim for refugee protection made before the day on which the Bill is introduced; and (b) applies to a claim for refugee protection made during the period beginning on the day on which the Bill is introduced and ending on the day on which it receives royal assent, unless, as of the day on which it receives royal assent, substantive evidence has been heard by the Refugee Protection Division in respect of the claim or that Division has allowed the claim without a hearing. Coordinating Amendments 2010, c. 8 310 On the first day on which both subsection 15(1) of the Balanced Refugee Reform Act and subsection 302(1) of this Act are in force, (a) subsection 24(3.‍1) of the Immigration and Refugee Protection Act is replaced by the following: Restriction — pending application for protection (3.‍1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Refugee Protection Division or the Minister that is pending. (b) paragraph 25(1.‍2)‍(b.‍1) of the Immigration and Refugee Protection Act is replaced by the following: (b.‍1) the foreign national made a claim for refugee protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Refugee Protection Division or the Minister that is pending; or (c) subparagraph 112(2)‍(c)‍(i) of the Immigration and Refugee Protection Act is replaced by the following: (i) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or (d) clause 112(2)‍(c)‍(ii)‍(A) of the Immigration and Refugee Protection Act is replaced by the following: (A) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister or, if there was more than one such rejection or determination, the day on which the last one occurred, and (e) section 113.‍01 of the Immigration and Refugee Protection Act is replaced by the following: Mandatory hearing 113.‍01 Unless the application is allowed without a hearing, a hearing must, despite paragraphs 113(b.‍1) and (b.‍3), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)‍(c.‍1). DIVISION 17  R.‍S.‍, c. F-7; 2002, c. 8, s. 14 Federal Courts Act 2010, c. 8, s. 41; 2018, c. 12, s. 304 311 Subsection 5.‍1(1) of the Federal Courts Act is replaced by the following: Constitution of Federal Court 5.‍1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 39 other judges. DIVISION 18  R.‍S.‍, c. N-11 National Housing Act 1999, c. 27, s. 8 312 Section 57 of the National Housing Act is replaced by the following: Owner-occupier loans, etc. 57 (1) The Corporation may make loans and contributions in respect of housing projects occupied or intended to be occupied by the owner of the project, acquire an interest or right in such a housing project, make an investment in order to acquire such an interest or right, make loans to refinance debt that, in the opinion of the Corporation, relates to such a housing project, and forgive amounts owing on those loans. Terms and conditions (2) The Corporation may, with the approval of the Minister of Finance, determine the terms and conditions on which it makes a loan, contribution or investment, acquires an interest or right or forgives an amount under subsection (1). DIVISION 19  National Housing Strategy Act Enactment of Act Enactment 313 The National Housing Strategy Act is enacted as follows: An Act respecting a national housing strategy Preamble Whereas housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities as well as a strong national economy in which the people of Canada can prosper and thrive; Whereas access to affordable housing contributes to achieving beneficial social, economic, health and environmental outcomes; Whereas improved housing outcomes are best achieved through cooperation between governments and civil society as well as the meaningful involvement of local communities; Whereas national goals, timelines and initiatives relating to housing and homelessness are essential to improving the quality of life of the people of Canada, particularly persons in greatest need; Whereas a national housing strategy would support a common vision, key principles and a coordinated approach to achieving improved housing outcomes; Whereas a national housing strategy would contribute to meeting the Sustainable Development Goals of the United Nations; And whereas a national housing strategy would support the progressive realization of the right to adequate housing as recognized in the International Covenant on Economic, Social and Cultural Rights, to which Canada is a party; Now, therefore, 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 1 This Act may be cited as the National Housing Strategy Act. Interpretation Definition of Minister 2 In this Act, Minister means the Minister designated under section 3. Designation of Minister Order 3 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act. Housing Policy Declaration Declaration 4 It is declared to be the housing policy of the Government of Canada to (a) recognize that the right to adequate housing is a fundamental human right affirmed in international law; (b) recognize that housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities; (c) support improved housing outcomes for the people of Canada; and (d) further the progressive realization of the right to adequate housing as recognized in the International Covenant on Economic, Social and Cultural Rights. National Housing Strategy Development and maintenance 5 (1) The Minister must develop and maintain a national housing strategy to further the housing policy, taking into account key principles of a human rights-based approach to housing. Content (2) The National Housing Strategy is to, among other things, (a) set out a long-term vision for housing in Canada that recognizes the importance of housing in achieving social, economic, health and environmental goals; (b) establish national goals relating to housing and homelessness and identify related priorities, initiatives, timelines and desired outcomes; (c) focus on improving housing outcomes for persons in greatest need; and (d) provide for participatory processes to ensure the ongoing inclusion and engagement of civil society, stakeholders, vulnerable groups and persons with lived experience of housing need, as well as those with lived experience of homelessness. National Housing Council Duties and functions 6 (1) A council, to be known as the National Housing Council, is established for the purpose of furthering the housing policy and the National Housing Strategy by (a) providing advice to the Minister, on its own initiative or at the request of the Minister, including, among other things, on the effectiveness of the National Housing Strategy; and (b) undertaking any other activity that the Minister specifies. Membership (2) The Council is composed of two co-chairpersons and not fewer than 9, but not more than 15, other members. Ex officio members 7 The ex officio members of the National Housing Council are (a) the Federal Housing Advocate, appointed under section 14; (b) the Deputy Minister of the department for which the Minister is responsible; (c) the Deputy Minister of Indigenous Services; and (d) the President of the Canada Mortgage and Housing Corporation, appointed under subsection 7(1) of the Canada Mortgage and Housing Corporation Act. Appointment of other members 8 (1) The other members of the National Housing Council are to be appointed by the Minister to hold office during pleasure for a term, not exceeding three years, that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members who are appointed by the Minister. Further term (2) The members of the Council who are appointed by the Minister are eligible to be reappointed for one further term. Factors to consider (3) In appointing members, the Minister is to take into consideration the importance of representation on the Council 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; (c) persons who reflect the diversity of Canadian society; and (d) persons who have expertise in human rights. Part-time (4) The members of the Council who are appointed by the Minister perform their duties and functions on the Council on a part-time basis. Remuneration and other expenses (5) The members of the Council who are appointed by the Minister are to be paid the remuneration that may be fixed by the Minister and are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work while absent from their ordinary place of residence. Federal public administration (6) The members of the Council who are appointed by the Minister are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and for the purposes of any regulations made under section 9 of the Aeronautics Act. Ex officio co-chairperson 9 (1) The President of the Canada Mortgage and Housing Corporation is the ex officio co-chairperson of the National Housing Council. Designation of other co-chairperson (2) The Minister must designate the other co-chairperson from among the members of the Council who are appointed by the Minister. Co-chairperson absent or unable to act (3) If the co-chairperson designated under subsection (2) is absent or unable to act, the Minister may designate another person from among the members of the Council who are appointed by the Minister to act as that co-chairperson. Duties of co-chairpersons (4) The co-chairpersons have supervision over and direction of the work of the Council. Alternate ex officio co-chairperson 10 (1) The President of the Canada Mortgage and Housing Corporation may designate in writing an alternate to perform his or her duties and functions in respect of the National Housing Council and that alternate is considered to be a co-chairperson of the Council. Alternate ex officio member (2) Each ex officio member, other than the Federal Housing Advocate, may designate an alternate to perform his or her duties and functions in respect of the Council. That alternate is considered to be a member of the Council. Meetings 11 (1) The National Housing Council must meet four times each year or as the Minister may specify. Means of telecommunication (2) A meeting may be held by any means of telecommunication that allows the members to communicate with each other during the meeting. Administrative support 12 The Canada Mortgage and Housing Corporation is to provide the National Housing Council with any administrative services and facilities that are necessary to assist the Council in performing its duties and functions. Federal Housing Advocate Duties and functions 13 There 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. Submissions – power to review issues 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). Submissions – power to request establishment of review panel (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). Notice (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). Report (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. Power to request establishment of review panel 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. Summary of information (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. Appointment 14 (1) The Federal Housing Advocate is to be appointed by the Governor in Council to hold office during pleasure for a term of not more than three years. Further term (2) The term may be renewed for one further term. Advocate absent or unable to act (3) If the Federal Housing Advocate is absent or unable to act, the Minister may designate another person to act as the Federal Housing Advocate, but that person may act for a period of more than 90 days only with the approval of the Governor in Council. Full-time (4) The Federal Housing Advocate performs his or her duties and functions on a full-time basis. Remuneration and other expenses (5) The Federal Housing Advocate is to be paid the remuneration fixed by the Governor in Council and is entitled to be reimbursed in accordance with Treasury Board directives for the travel, living and other expenses incurred in connection with his or her work while absent from his or her ordinary place of work. Federal public administration (6) The Federal Housing Advocate is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and for the purposes of any regulations made under section 9 of the Aeronautics Act. Administrative support 15 (1) The Canadian Human Rights Commission is to provide the Federal Housing Advocate with any administrative services and facilities that are necessary to assist the Advocate in performing his or her duties and functions. Contractual assistance (2) The Commission may, for the purposes of subsection (1), enter into contracts for the services of persons to assist the Advocate in performing his or her duties and functions. Annual report 16 (1) The Federal Housing Advocate must, within 30 days after the end of each fiscal year, submit a report to the Minister for that year that (a) provides a summary of his or her activities, any submissions received, the results of the consultations and of any analysis, research and study; and (b) contains recommended measures — respecting matters over which Parliament has jurisdiction and that take into account the housing policy — to address systemic housing issues. Tabling in Parliament (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days after the Minister receives the report 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. Publication (3) The Federal Housing Advocate may publish the report only after the report is laid before each House of Parliament. Review Panels Obligation to establish review panel 16.‍1 The National Housing Council must establish a review panel if requested to do so by the Federal Housing Advocate. Membership 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. Factors to consider (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. Duties 16.‍3 A 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. Representations 16.‍4 The 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. Accountability Minister’s response 17 (1) The Minister must respond to the annual report of the Federal Housing Advocate. Tabling of response (2) The Minister must cause the response to be tabled in each House of Parliament on any of the first 120 days after the Minister has caused the annual report to be tabled in both Houses of Parliament 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. Minister’s response to Advocate’s reports 17.‍1 The 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. Minister’s response to review panel reports 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. Tabling in Parliament (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. Triennial report 18 (1) The Minister must, before March 31, 2021 and within every three years after that date, cause a report to be made on the effectiveness of the National Housing Strategy, with respect to the achievement of the desired outcomes, and the initiatives related to its implementation. Tabling in Parliament (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is made. Coming into Force Order in council 314 This Division comes into force on a day to be fixed by order of the Governor in Council. DIVISION 20  Poverty Reduction Act Enactment of Act Enactment 315 The Poverty Reduction Act, whose text is as follows and whose schedule is set out in Schedule 4 to this Act, is enacted: An Act respecting the reduction of poverty Preamble Whereas Canada aspires to be a world leader in the eradication of poverty; Whereas poverty reduction contributes to meeting Canada’s international human rights obligations, including under the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women; And whereas the progress made by Canada in the reduction of poverty contributes to meeting the Sustainable Development Goals of the United Nations; Now, therefore, 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 1 This Act may be cited as the Poverty Reduction Act. Interpretation Definitions 2 The following definitions apply in this Act. Council means the National Advisory Council on Poverty established under section 9.‍ (Conseil) Minister means the member of the Queen’s Privy Council for Canada designated under section 4.‍ (ministre) Official Poverty Line means the Market Basket Measure, as published by Statistics Canada under the authority of the Statistics Act.‍ (seuil officiel de la pauvreté) Purpose Purpose 3 The purpose of the Act is to support continuous efforts in, and continuous monitoring of, poverty reduction in Canada. Designation of Minister Order in council 4 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. Poverty Reduction Strategy Strategy development and implementation 5 The Minister must develop and implement a poverty reduction strategy. Targets Poverty reduction targets 6 The targets for poverty reduction in Canada to which the Government of Canada aspires are the following: (a) 20% below the level of poverty in 2015 by 2020; and (b) 50% below the level of poverty in 2015 by 2030. Official Poverty Line and Other Metrics Official metric 7 (1) The Official Poverty Line is Canada’s official metric to measure the level of poverty in Canada and to assess progress in meeting the targets set out in section 6. Review (2) The Official Poverty Line is to be reviewed, on a regular basis as determined by Statistics Canada, to ensure that it reflects the up-to-date cost of a basket of goods and services representing a modest, basic standard of living in Canada. Other metrics 8 (1) The metrics set out in the schedule are to be used, in addition to the Official Poverty Line, to measure the level of poverty in Canada. Amendment of schedule (2) The Governor in Council may, by order, amend the schedule by adding or deleting a metric. National Advisory Council on Poverty Establishment 9 (1) A council is established, to be known as the National Advisory Council on Poverty, consisting of 8 to 10 members, including a Chairperson and a member with particular responsibilities for children’s issues. Deputy Minister — ex officio member (2) The Deputy Minister of the department for which the Minister is responsible is ex officio a member of the Council. Appointment of other members (3) The members of the Council, other than the ex officio member, are to be appointed by the Governor in Council to hold office during pleasure for a term not exceeding three years and are eligible for reappointment on the expiry of a first or subsequent term of office. Full-time or part-time membership (4) The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members. Chairperson’s role (5) The Chairperson has supervision over and direction of the work of the Council. Chairperson absent or unable to act (6) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may designate another member of the Council to act as Chairperson, but that member may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council. Remuneration (7) The members of the Council, other than the ex officio member, are to be paid, in connection with their work for the Council, the remuneration that may be fixed by the Governor in Council. Travel and living expenses (8) The members of the Council are entitled to be reimbursed for the travel, living and other expenses incurred, in connection with their work for the Council, while absent from, in the case of full-time members, their ordinary place of work or, in the case of part-time members, their ordinary place of residence. Deemed employment (9) The members of the Council are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Full-time members are also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Functions 10 The Council must (a) provide advice to the Minister on poverty reduction in Canada, including with respect to programs, funding and activities that support poverty reduction; (b) undertake consultations with the public, including the academic community and other experts, Indigenous persons and persons with lived experience in poverty; (c) within six months after the end of each fiscal year, submit a report to the Minister (i) on the progress being made in meeting the targets referred to in section 6 and the progress being made in poverty reduction measured by, among other things, the metrics set out in the schedule, and (ii) on the advice that the Council provided to the Minister under paragraph (a) during the fiscal year; and (d) undertake any activity specified by the Minister. Dissolution of Council 11 The Governor in Council may, by order, dissolve the Council, on the recommendation of the Minister made after the Minister is of the opinion that the level of poverty in Canada has been reduced by 50% below the level of poverty in 2015. Tabling of Report in Parliament Minister’s duty 12 The Minister must cause the report referred to in paragraph 10(c) to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report. Repeal Repeal 316 The Poverty Reduction Act, section 687 of chapter 27 of the Statutes of Canada, 2018, is repealed. Coming into Force Order in council 317 Sections 9 to 12 of the Poverty Reduction Act, as enacted by section 315 of this Act, come into force on a day to be fixed by order of the Governor in Council. DIVISION 21  2005, c. 21; 2017, c. 20, s. 270 Veterans Well-being Act Amendments to the Act 318 The Veterans Well-being Act is amended by adding the following before section 5.‍2: Definitions 5.‍11 The following definitions apply in this Part. regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière) reserve force has the same meaning as in subsection 2(1) of the National Defence Act.‍ (force de réserve) Supplementary Reserve has the meaning assigned by article 2.‍034 of the Queen’s Regulations and Orders for the Canadian Forces.‍ (Réserve supplémentaire) veteran means a former member or a member of the Supplementary Reserve.‍ (vétéran) 2017, c. 20, s. 274 319 (1) Paragraph 5.‍2(1)‍(b) of the Act is replaced by the following: (b) was honourably released from the Canadian Forces on or after April 1, 2006 or was transferred from the regular force or another subcomponent of the reserve force to the Supplementary Reserve on or after that date. 2017, c. 20, s. 274 (2) Subsection 5.‍2(3) of the Act is repealed. 2017, c. 20, s. 274 320 Section 5.‍6 of the Act is replaced by the following: No payment to member 5.‍6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member unless that person is a member of the Supplementary Reserve. 2017, c. 20, s. 274 321 Subsection 5.‍9(1) of the Act is replaced by the following: Duration of benefit 5.‍9 (1) An education and training benefit ceases to be payable to a veteran on the day after the 10th anniversary of the later of (a) the day on which the veteran was last honourably released from the regular force or from a subcomponent of the reserve force other than the Supplementary Reserve; and (b) the day on which the veteran was last transferred to the Supplementary Reserve. Exception — minimum period (1.‍1) Despite subsection (1), (a) an education and training benefit is payable until at least April 1, 2028 to a veteran who is eligible for the benefit on April 1, 2018; and (b) an education and training benefit is payable until at least July 5, 2029 to a veteran who is a member of the Supplementary Reserve on July 5, 2019. Exception — release from Supplementary Reserve (1.‍2) Despite subsection (1), an education and training benefit is payable until at least the 10th anniversary of the day on which a veteran was honourably released from the Supplementary Reserve if the veteran was honourably released from the Supplementary Reserve during the period beginning on April 1, 2018 and ending on July 4, 2019. Coming into Force July 5, 2019 322 This Division comes into force or is deemed to have come into force on July 5, 2019. DIVISION 22  Student Loans R.‍S.‍, c. S-23 Canada Student Loans Act 1993, c. 12, s. 3 323 (1) Paragraph 4(2)‍(b) of the Canada Student Loans Act is replaced by the following: (b) any subsequent period ending on the last day of the sixth month after the month in which the borrower ceases to be a full-time student. 1993, c. 12, s. 3 (2) Subsection 4(4) of the Act is replaced by the following: Idem (4) Despite subsection (1) but subject to the regulations, if a borrower has ceased to be a full-time student as described in that subsection and subsequently becomes a full-time student again, no interest is payable by the borrower on a guaranteed student loan made before August 1, 1993 and consolidated after that day in respect of the period commencing on the prescribed day and ending on the last day of the sixth month after the month in which the borrower again ceases to be a full-time student. 324 The Act is amended by adding the following after section 22: Transitional Provisions Interest-free period — loan made on or after August 1, 1993 22.‍1 (1) If a borrower ceased to be a full-time student at any time during the six months before the day on which section 323 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a guaranteed student loan referred to in subsection 4(2) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Interest-free period — loan consolidated after August 1, 1993 (2) If a borrower referred to in subsection 4(4) ceased to be a full-time student at any time during the six months before the day on which section 323 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a guaranteed student loan referred to in that subsection for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Repeal 1994, c. 28 Canada Student Financial Assistance Act 2011, c. 15, s. 18(1) 325 Paragraphs 7(1)‍(a) and (b) of the Canada Student Financial Assistance Act are replaced by the following: (a) in the case of a student loan that is made to a full-time student, the last day of the sixth month after the month in which the borrower ceases to be a full-time student; and (b) in the case of a student loan that is made to a part-time student, the last day of the sixth month after the month in which the borrower ceases to be a student, whether a part-time or full-time student. 326 The Act is amended by adding the following after section 20: Transitional Provisions Interest-free period — loan to full-time student 20.‍1 (1) If a borrower ceased to be a full-time student at any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)‍(a) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Interest-free period — loan to part-time student (2) If a borrower ceased to be a student, whether a part-time or full-time student, at any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)‍(b) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a student, whether a part-time or full-time student. Coming into Force November 1, 2019 327 This Division comes into force on November 1, 2019. DIVISION 23  2000, c. 32 Canada National Parks Act Amendments to the Act 2014, c. 35, s. 2 328 The portion of subsection 24(2) of the Canada National Parks Act before paragraph (a) is replaced by the following: Offence (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 16(1)‍(y), any of subsections 41.‍5(3) to (5), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.‍1(3) or (4) or 41.‍4(2) or (3) or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.‍1(3) or (4) or 41.‍4(2) or (3) is guilty of an offence and liable 2014, c. 35, s. 3 329 Section 39 of the Act is replaced by the following: Application of Act 39 Subject to sections 40 to 41.‍5, this Act applies to a park reserve as if it were a park. 330 The Act is amended by adding the following after section 41.‍4: Thaidene Nene National Park Reserve of Canada 41.‍5 (1) Subject to subsections (3) to (5) and to any regulations made under paragraph 17(1)‍(f) in relation to Thaidene Nene National Park Reserve of Canada, a person may, in public lands in the park reserve, carry on activities described in the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of the park reserve. Non-application of regulations (2) The following provisions do not apply in respect of the activities referred to in subsection (1): (a) section 21 of the National Parks General Regulations; (b) paragraph 41(1)‍(a) of the National Parks Highway Traffic Regulations; and (c) section 4 of the National Parks of Canada Fire Protection Regulations. Aircraft access (3) No person shall conduct a take-off or landing of an aircraft, as defined in subsection 3(1) of the Aeronautics Act, in public lands in Thaidene Nene National Park Reserve of Canada, unless that person holds a permit, as defined in section 1 of the National Parks of Canada Aircraft Access Regulations, that is issued in respect of the park reserve. Fishing (4) No person shall fish in public lands in Thaidene Nene National Park Reserve of Canada unless the fishing is for personal use and that person holds a fishing permit, as defined in section 2 of the National Parks of Canada Fishing Regulations, that is issued in respect of the park reserve. Harvesting game (5) No person shall harvest game — including by hunting, within the meaning of section 26, any wild animal — in public lands in Thaidene Nene National Park Reserve of Canada unless (a) the person holds a special harvester licence issued under the Wildlife Act, S.‍N.‍W.‍T. 2013, c. 30 and complies with the terms and conditions of that licence, or (b) the person held a lease referred to in subsection (7) immediately before the day on which this section comes into force and continues to hold that lease and holds a hunting licence issued under the Wildlife Act, S.‍N.‍W.‍T. 2013, c. 30 and complies with the terms and conditions of that licence. Superintendent’s powers, duties and functions (6) The Superintendent shall, in respect of the activities referred to in subsections (1) and (3) to (5), have regard to considerations of public health and safety and the sustainable use and conservation of Thaidene Nene National Park Reserve of Canada in the exercise of his or her powers and the performance of his or her duties and functions under the regulations made under this Act. Continuation — leases (7) Existing leases relating to public lands in Thaidene Nene National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them. Renewals — leases (8) Those leases may be renewed in accordance with their terms and conditions. If a lease does not provide for its renewal, then it may be renewed in accordance with this Act. Creation of park (9) For the purposes of subsections 5(1) and 6(2), leases relating to public lands in Thaidene Nene National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions. Fuel caches (10) A person may store fuel at a location in public lands in Thaidene Nene National Park Reserve of Canada that is designated by the Minister as a fuel cache. Application to park (11) After any public lands in Thaidene Nene National Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary. Accessibility of agreement (12) The Minister shall ensure that the agreement referred to in subsection (1) is accessible to the public. 331 Schedule 2 to the Act is amended by adding the following after the description of Nahanni National Park Reserve of Canada: Thaidene Nene National Park Reserve of Canada In the Northwest Territories; In the vicinity of the East Arm of Great Slave Lake, All that parcel of land, and land covered by water, being more particularly described as follows: Commencing at a point at latitude 63°31′40″ North and longitude 107°31′12″ West; Thence easterly in a straight line to a point at latitude 63°31′34″ North and longitude 107°29′28″ West; Thence southerly in a straight line to a point at latitude 63°28′28″ North and longitude 107°27′50″ West; Thence southerly in a straight line to a point at latitude 63°25′52″ North and longitude 107°26′28″ West; Thence southeasterly in a straight line to a point at latitude 63°24′20″ North and longitude 107°23′32″ West; Thence southerly in a straight line to a point at latitude 63°22′32″ North and longitude 107°22′19″ West; Thence southerly in a straight line to a point at latitude 63°21′01″ North and longitude 107°22′53″ West; Thence westerly in a straight line to a point at latitude 63°20′27″ North and longitude 107°27′54″ West; Thence southerly in a straight line to a point at latitude 63°19′23″ North and longitude 107°27′34″ West; Thence southwesterly in a straight line to a point at latitude 63°18′20″ North and longitude 107°29′29″ West; Thence southerly in a straight line to a point at latitude 63°16′00″ North and longitude 107°29′40″ West; Thence southwesterly in a straight line to a point at latitude 63°13′00″ North and longitude 107°31′35″ West; Thence southwesterly in a straight line to a point at latitude 63°11′14″ North and longitude 107°33′15″ West; Thence westerly in a straight line to a point at latitude 63°10′48″ North and longitude 107°35′41″ West; Thence southwesterly in a straight line to a point at latitude 63°09′45″ North and longitude 107°37′34″ West; Thence southerly in a straight line to a point at latitude 63°08′04″ North and longitude 107°37′32″ West; Thence southwesterly in a straight line to a point at latitude 63°07′16″ North and longitude 107°40′51″ West; Thence southerly in a straight line to a point at latitude 63°05′42″ North and longitude 107°39′54″ West; Thence southwesterly in a straight line to a point at latitude 63°04′45″ North and longitude 107°42′40″ West; Thence southeasterly in a straight line to a point at latitude 63°02′38″ North and longitude 107°33′33″ West; Thence northeasterly in a straight line to a point at latitude 63°04′13″ North and longitude 107°27′08″ West; Thence easterly in a straight line to a point at latitude 63°04′05″ North and longitude 107°21′29″ West; Thence southerly in a straight line to a point at latitude 63°01′31″ North and longitude 107°20′10″ West; Thence southeasterly in a straight line to a point at latitude 62°59′48″ North and longitude 107°09′47″ West; Thence southeasterly in a straight line to a point at latitude 62°57′54″ North and longitude 107°08′24″ West; Thence southwesterly in a straight line to a point at latitude 62°55′10″ North and longitude 107°11′22″ West; Thence southeasterly in a straight line to a point at latitude 62°51′36″ North and longitude 106°51′46″ West; Thence easterly in a straight line to a point at latitude 62°51′30″ North and longitude 106°42′10″ West; Thence southeasterly in a straight line to a point at latitude 62°50′40″ North and longitude 106°36′22″ West; Thence southwesterly in a straight line to a point at latitude 62°42′28″ North and longitude 106°51′05″ West; Thence westerly in a straight line to a point at latitude 62°42′40″ North and longitude 107°02′20″ West; Thence northwesterly in a straight line to a point at latitude 62°44′08″ North and longitude 107°18′56″ West; Thence westerly in a straight line to a point at latitude 62°44′18″ North and longitude 107°26′17″ West; Thence southwesterly in a straight line to a point at latitude 62°42′25″ North and longitude 107°34′55″ West; Thence southwesterly in a straight line to a point at latitude 62°39′46″ North and longitude 107°38′54″ West; Thence southerly in a straight line to a point at latitude 62°36′03″ North and longitude 107°36′38″ West; Thence southeasterly in a straight line to a point at latitude 62°32′26″ North and longitude 107°31′14″ West; Thence southeasterly in a straight line to a point at latitude 62°30′19″ North and longitude 107°14′05″ West; Thence southeasterly in a straight line to a point at latitude 62°29′01″ North and longitude 107°09′42″ West; Thence southwesterly in a straight line to a point at latitude 62°26′31″ North and longitude 107°24′50″ West; Thence southwesterly in a straight line to a point at latitude 62°22′14″ North and longitude 107°38′32″ West; Thence southeasterly in a straight line to a point at latitude 62°19′45″ North and longitude 107°36′09″ West; Thence southwesterly in a straight line to a point at latitude 62°17′58″ North and longitude 107°40′01″ West; Thence southerly in a straight line to a point at latitude 62°16′45″ North and longitude 107°39′57″ West; Thence southwesterly in a straight line to a point at latitude 62°16′06″ North and longitude 107°41′22″ West; Thence westerly in a straight line to a point at latitude 62°16′01″ North and longitude 107°43′00″ West; Thence southwesterly in a straight line to a point at latitude 62°14′30″ North and longitude 107°46′15″ West; Thence southwesterly in a straight line to a point at latitude 62°13′22″ North and longitude 107°49′02″ West; Thence westerly in a straight line to a point at latitude 62°13′13″ North and longitude 107°54′31″ West; Thence northwesterly in a straight line to a point at latitude 62°21′16″ North and longitude 108°02′59″ West; Thence northwesterly in a straight line to a point at latitude 62°22′12″ North and longitude 108°08′48″ West; Thence southwesterly in a straight line to a point at latitude 62°14′10″ North and longitude 108°31′54″ West; Thence northwesterly in a straight line to a point at latitude 62°19′05″ North and longitude 108°53′24″ West; Thence southwesterly in a straight line to a point at latitude 62°09′53″ North and longitude 109°14′57″ West; Thence southwesterly in a straight line to a point at latitude 62°06′00″ North and longitude 109°32′57″ West; Thence northwesterly in a straight line to a point at latitude 62°09′50″ North and longitude 109°51′19″ West; Thence northerly in a straight line to a point at latitude 62°10′37″ North and longitude 109°51′12″ West; Thence northerly in a straight line to a point at latitude 62°13′02″ North and longitude 109°49′36″ West; Thence northwesterly in a straight line to a point at latitude 62°20′59″ North and longitude 110°03′46″ West; Thence northwesterly in a straight line to a point at latitude 62°25′58″ North and longitude 110°07′16″ West; Thence southwesterly in a straight line to a point at latitude 62°25′28″ North and longitude 110°09′36″ West; Thence northwesterly in a straight line to a point at latitude 62°25′45″ North and longitude 110°10′37″ West; Thence northwesterly in a straight line to a point at latitude 62°26′25″ North and longitude 110°11′20″ West; Thence northwesterly in a straight line to a point at the intersection of latitude 62°27′00″ North and the ordinary high water mark on the eastern shore of Stark Lake, at approximate longitude 110°14′21″ West; Thence northwesterly in a straight line through the midpoint of a channel in Stark Lake, said channel at approximate latitude 62°27′14″ North and approximate longitude 110°15′12″ West, and projecting said line to the intersection with a line 100 metres perpendicularly distant from the ordinary high water mark on the western shore of the land north of said channel, at approximate latitude 62°27′16″ North and approximate longitude 110°15′20″ West; Thence generally northerly, westerly and southwesterly along the sinuosities of a line running 100 metres perpendicularly distant offshore from the ordinary high water mark of Stark Lake, to the intersection of said line with longitude 110°38′25″ West, at approximate latitude 62°27′31″ North; Thence northwesterly in a straight line to a point at latitude 62°29′08″ North and longitude 110°41′02″ West in Christie Bay, Great Slave Lake; Thence westerly in a straight line to a point at latitude 62°29′12″ North and longitude 110°43′25″ West; Thence northeasterly in a straight line to a point at latitude 62°30′29″ North and longitude 110°41′59″ West; Thence northwesterly in a straight line to a point at latitude 62°31′41″ North and longitude 110°46′33″ West; Thence westerly in a straight line to a point at latitude 62°31′13″ North and longitude 110°52′24″ West; Thence northerly in a straight line to a point at latitude 62°36′37″ North and longitude 110°50′54″ West; Thence northeasterly in a straight line to a point at latitude 62°39′31″ North and longitude 110°38′02″ West; Thence northerly in a straight line to a point at the intersection of longitude 110°32′16″ West and the ordinary high water mark on the northerly shore of Kahochella Peninsula, at approximate latitude 62°49′30″ North; Thence northeasterly in a straight line an approximate distance of 1948 metres to the intersection of latitude 62°49′48″ North and a line 100 metres perpendicularly distant offshore from the ordinary high water mark on the northern shore of Kahochella Peninsula, at approximate longitude 110°30′04″ West; Thence generally easterly and southeasterly along the sinuosities of the lastly described line to a point at the intersection with longitude 109°18′07″ West, at approximate latitude 62°43′11″ North; Thence northeasterly in a straight line to a point at latitude 62°48′00″ North and longitude 109°01′59″ West; Thence northwesterly in a straight line to a point at latitude 62°50′06″ North and longitude 109°12′51″ West; Thence northeasterly in a straight line to a point at latitude 62°55′31″ North and longitude 108°55′13″ West; Thence northerly in a straight line to a point at latitude 62°56′41″ North and longitude 108°54′33″ West; Thence northeasterly in a straight line to a point at latitude 62°57′00″ North and longitude 108°51′56″ West; Thence northerly in a straight line to a point at latitude 62°58′17″ North and longitude 108°52′20″ West; Thence northeasterly in a straight line to a point at latitude 62°58′30″ North and longitude 108°51′22″ West; Thence northwesterly in a straight line to a point at latitude 62°59′22″ North and longitude 108°52′15″ West; Thence northeasterly in a straight line to a point at latitude 62°59′51″ North and longitude 108°51′24″ West; Thence northeasterly in a straight line to a point at latitude 63°00′21″ North and longitude 108°47′10″ West; Thence southeasterly in a straight line to a point at latitude 62°59′09″ North and longitude 108°44′13″ West; Thence easterly in a straight line to a point at latitude 62°58′47″ North and longitude 108°41′28″ West; Thence northerly in a straight line to a point at latitude 62°59′47″ North and longitude 108°40′50″ West; Thence easterly in a straight line to a point at latitude 62°59′53″ North and longitude 108°37′48″ West; Thence northerly in a straight line to a point at latitude 63°02′49″ North and longitude 108°38′18″ West; Thence northeasterly in a straight line to a point at latitude 63°04′10″ North and longitude 108°33′03″ West; Thence easterly in a straight line to a point at latitude 63°03′31″ North and longitude 108°29′03″ West; Thence northeasterly in a straight line to a point at latitude 63°04′25″ North and longitude 108°27′41″ West; Thence easterly in a straight line to a point at latitude 63°04′32″ North and longitude 108°23′31″ West; Thence northerly in a straight line to a point at latitude 63°08′05″ North and longitude 108°21′20″ West; Thence northeasterly in a straight line to a point at latitude 63°09′19″ North and longitude 108°17′35″ West; Thence southeasterly in a straight line to a point at latitude 63°08′44″ North and longitude 108°14′07″ West; Thence northeasterly in a straight line to a point at latitude 63°10′48″ North and longitude 108°09′06″ West; Thence northerly in a straight line to a point at latitude 63°13′03″ North and longitude 108°10′41″ West; Thence northeasterly in a straight line to a point at latitude 63°13′41″ North and longitude 108°08′27″ West; Thence northwesterly in a straight line to a point at latitude 63°15′43″ North and longitude 108°11′59″ West; Thence northerly in a straight line to a point at latitude 63°19′40″ North and longitude 108°10′22″ West; Thence northeasterly in a straight line to a point at latitude 63°20′35″ North and longitude 108°07′49″ West; Thence easterly in a straight line to a point at latitude 63°20′41″ North and longitude 108°05′47″ West; Thence northeasterly in a straight line to a point at latitude 63°21′08″ North and longitude 108°05′07″ West; Thence northwesterly in a straight line to a point at latitude 63°22′11″ North and longitude 108°06′19″ West; Thence northeasterly in a straight line to a point at latitude 63°23′06″ North and longitude 107°59′46″ West; Thence northerly in a straight line to a point at latitude 63°25′13″ North and longitude 108°00′39″ West; Thence northwesterly in a straight line to a point at latitude 63°26′59″ North and longitude 108°02′15″ West; Thence northeasterly in a straight line to a point at latitude 63°27′45″ North and longitude 107°59′30″ West; Thence northwesterly in a straight line to a point at latitude 63°29′07″ North and longitude 108°00′56″ West; Thence northerly in a straight line to a point at latitude 63°30′46″ North and longitude 108°00′46″ West; Thence easterly in a straight line to a point at latitude 63°30′51″ North and longitude 107°58′42″ West; Thence northeasterly in a straight line to a point at latitude 63°31′33″ North and longitude 107°57′02″ West; Thence northerly in a straight line to a point at latitude 63°32′44″ North and longitude 107°56′50″ West; Thence northwesterly in a straight line to a point at latitude 63°33′34″ North and longitude 107°57′52″ West; Thence northeasterly in a straight line to a point at latitude 63°34′30″ North and longitude 107°56′40″ West; Thence northerly in a straight line to a point at latitude 63°35′40″ North and longitude 107°56′16″ West; Thence easterly in a straight line to a point at latitude 63°35′21″ North and longitude 107°51′49″ West; Thence northeasterly in a straight line to a point at latitude 63°35′58″ North and longitude 107°48′51″ West; Thence southeasterly in a straight line to a point at latitude 63°35′11″ North and longitude 107°43′08″ West; Thence southeasterly in a straight line to a point at latitude 63°32′03″ North and longitude 107°38′41″ West; Thence easterly in a straight line to the point of commencement. Said parcel containing an approximate area of 14 070 square kilometres. All coordinates above are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 CSRS Universal Transverse Mercator (UTM) projection plane surface. 332 (1) The description of the Lake Louise Ski Area in Schedule 5 to the Act is replaced by the following: In Banff National Park of Canada, the following described area: The whole of Parcels JM, JN, JO, JP, JQ, JR and JS and the Temple Road and Lipalian Mountain avalanche areas as shown on Plans 107416, 107417, 107418, 107419 and 107420 in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Alberta Land Titles Office at Calgary under numbers 1811569, 1811571, 1811573, 1811574 and 1812006, said parcels containing 1660.‍7 hectares, more or less. (2) The description of the Mount Norquay Ski Area in Schedule 5 to the Act is replaced by the following: In Banff National Park of Canada, the following described area: The whole of parcel HY and parcels JA, JB, JC and JD as shown on Plan numbers 102068 and 102069 respectively in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Alberta Land Titles Office at Calgary under numbers 1312143 and 1312144 respectively, said parcels containing 260.‍33 hectares, more or less. Coming into Force Order in council 333 Sections 328 to 331 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of Thaidene Nene National Park Reserve of Canada comes into effect. DIVISION 24  1998, c. 31 Parks Canada Agency Act Amendments to the Act 334 (1) Subsection 19(1) of the Parks Canada Agency Act is replaced by the following: Appropriations 19 (1) Money may be appropriated by Parliament from time to time by way of a vote in an appropriation Act or any other Act of Parliament for the purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions. (2) Subsection 19(2) of the Act is repealed. Coming into Force April 1, 2021 335 This Division comes into force on April 1, 2021. DIVISION 25  Various Measures Related to Indigenous Matters SUBDIVISION A  Department of Indigenous Services Act Enactment of Act Enactment of Act 336 The Department of Indigenous Services Act is enacted as follows: An Act respecting the Department of Indigenous Services Preamble Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership, promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and implementing the United Nations Declaration on the Rights of Indigenous Peoples; And whereas it is appropriate to establish a Department of Indigenous Services and that the Department, in carrying out its activities, ensures that Indigenous individuals have access — in accordance with transparent service standards and the needs of each Indigenous group, community or people — to services for which those individuals are eligible, takes into account socio-economic gaps that persist between Indigenous individuals and other Canadians with respect to a range of matters as well as social factors having an impact on health and well-being, recognizes and promotes Indigenous ways of knowing, being and doing, collaborates and cooperates with Indigenous peoples and with the provinces and territories, and implements the gradual transfer of departmental responsibilities to Indigenous organizations; Now, therefore, 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 1 This Act may be cited as the Department of Indigenous Services Act. Interpretation Definitions 2 The following definitions apply in this Act. Department means the department established under section 3.‍ (ministère) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone) Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members.‍ (organisation autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones) Minister means the Minister of Indigenous Services.‍ (ministre) Establishment of Department Department established 3 There is established a department of the Government of Canada, called the Department of Indigenous Services, over which the Minister presides. Minister 4 The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department. Deputy Minister 5 The Governor in Council may appoint a Deputy Minister of Indigenous Services to hold office during pleasure and to be the deputy head of the Department. Powers, Duties and Functions of Minister Powers, duties and functions 6 (1) The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to the provision of services to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible. Ministerial duty (2) The Minister is to ensure that services with respect to the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable: (a) child and family services; (b) education; (c) health; (d) social development; (e) economic development; (f) housing; (g) infrastructure; (h) emergency management; (h.‍1) governance; and (i) any other matter designated by order of the Governor in Council. Collaboration and transfer of responsibilities 7 In exercising the powers and performing the duties and functions under this Act, the Minister is to (a) provide Indigenous organizations with an opportunity to collaborate in the development, provision, assessment and improvement of the services referred to in subsection 6(2); and (b) in accordance with any agreements respecting the transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to Indigenous organizations of departmental responsibilities with respect to the development and provision of those services. Limitations 8 For greater certainty, subsection 6(2) and section 7 apply subject to the transfer of responsibilities referred to in paragraph 7(b) and to agreements with Indigenous organizations, including land claims, self-government or self-determination agreements. Agreements 9 The Minister may enter into agreements with Indigenous organizations and other entities regarding the provision of services referred to in subsection 6(2) and the transfer of responsibilities referred to in paragraph 7(b). Special representatives 10 (1) The Minister may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter. Committees (2) The Minister may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1). Remuneration and expenses (3) The Minister is to fix the remuneration and expenses to be paid to special representatives and to committee members. Provision of services between departments 11 The Department may provide services to and receive services from the Department of Crown-Indigenous Relations and Northern Affairs — including services to support policy and program implementation — as provided in a written agreement between the Minister and the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, as the case may be. Collection and use of information 12 (1) The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration. Disclosure of information (2) The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others, (a) the Department of Crown-Indigenous Relations and Northern Affairs; (b) a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.‍1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act; (c) an Indigenous organization; or (d) a not-for-profit entity controlled by Indigenous individuals. Exceptions related to disclosure (3) Paragraphs (2)‍(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information, (a) that is personal information as defined in section 3 of the Privacy Act, unless (i) the personal information is publicly available, (ii) the individual to whom the personal information relates consents to its disclosure, or (iii) the disclosure is for a purpose referred to in any of paragraphs 8(2)‍(a), (b), (f), (j), (k) or (m) of the Privacy Act; (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege; (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act. Support for Indigenous bodies 13 The Minister may support Indigenous bodies that specialize in research or statistics, in relation to their activities involving the collection, analysis, interpretation, publication and distribution of documents, information or data relating to the provision of services to Indigenous individuals. Delegation 14 The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, for any period and under any terms that the Minister considers suitable. Annual report to Parliament 15 The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on (a) the socio-economic gaps between First Nations individuals, Inuit, Métis individuals and other Canadians and the measures taken by the Department to reduce those gaps; and (b) the progress made towards the transfer of responsibilities referred to in paragraph 7(b). Coming into Force Order in council — July 15, 2019 336.‍1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019. SUBDIVISION B  Department of Crown-Indigenous Relations and Northern Affairs Act Enactment of Act Enactment of Act 337 The Department of Crown-Indigenous Relations and Northern Affairs Act is enacted as follows: An Act respecting the Department of Crown-Indigenous Relations and Northern Affairs Preamble Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership, promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and implementing the United Nations Declaration on the Rights of Indigenous Peoples; And whereas it is appropriate to establish a Department of Crown-Indigenous Relations and Northern Affairs and that the Department, in carrying out its activities, collaborates and cooperates with Indigenous peoples and with the provinces and territories in relation to entering into and implementing agreements, recognizes and implements treaties concluded between the Crown and Indigenous peoples, promotes self-reliance, prosperity and well-being for the residents and communities of the Canadian North, taking into account their respective needs and challenges, recognizes and promotes Indigenous ways of knowing, being and doing, and promotes public awareness and understanding of the importance of working toward and contributing to reconciliation with Indigenous peoples; Now, therefore, 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 1 This Act may be cited as the Department of Crown-Indigenous Relations and Northern Affairs Act. Interpretation Definitions 2 The following definitions apply in this Act. Department means the department established under section 3.‍ (ministère) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone) Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members.‍ (organisation autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones) Minister means the Minister of Crown-Indigenous Relations.‍ (ministre) Department of Crown-Indigenous Relations and Northern Affairs Establishment of Department Department established 3 There is established a department of the Government of Canada, called the Department of Crown-Indigenous Relations and Northern Affairs, over which the Minister presides. Minister 4 The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department. Deputy Minister 5 (1) The Governor in Council may appoint a Deputy Minister of Crown-Indigenous Relations to hold office during pleasure and to be the deputy head of the Department. Associate Deputy Minister (2) The Governor in Council may appoint an Associate Deputy Minister of Crown-Indigenous Relations to hold office during pleasure and, under the Deputy Minister of Crown-Indigenous Relations, to exercise the powers and perform the duties and functions — as a deputy of the Minister or otherwise — that the Minister may specify. Powers, Duties and Functions of Minister Powers, duties and functions 6 The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to relations with Indigenous peoples. Responsibilities 7 The Minister is responsible for (a) exercising leadership within the Government of Canada in relation to the affirmation and implementation of the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the implementation of treaties and other agreements with Indigenous peoples; (b) negotiating treaties and other agreements to advance the self-determination of Indigenous peoples; and (c) advancing reconciliation with Indigenous peoples, in collaboration with Indigenous peoples and through renewed nation-to-nation, government-to-government and Inuit-Crown relationships. Provision of services between departments 8 The Department may provide services to and receive services from the Department of Indigenous Services — including services to support policy and program implementation — as provided in a written agreement between the Minister or the Minister of Northern Affairs, as the case may be, and the Minister of Indigenous Services. Delegation 9 The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Indigenous Services, for any period and under any terms that the Minister considers suitable. Annual report to Parliament 10 The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on the measures taken to advance the self-determination of Indigenous peoples and reconciliation with Indigenous peoples. Minister of Northern Affairs Appointment 11 (1) A Minister of Northern Affairs may be appointed by commission under the Great Seal to hold office during pleasure. If no Minister of Northern Affairs appointed (2) If no Minister of Northern Affairs is appointed under subsection (1), (a) the Minister is to exercise the powers and perform the duties and functions of the Minister of Northern Affairs; and (b) every reference to the Minister of Northern Affairs in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Minister, unless the context otherwise requires. Deputy Minister of Northern Affairs 12 (1) The Governor in Council may designate the Associate Deputy Minister appointed under subsection 5(2) to be Deputy Minister of Northern Affairs and, under the Minister of Northern Affairs, to exercise the powers and perform the duties and functions — as a deputy of the Minister of Northern Affairs or otherwise — that the Minister of Northern Affairs may specify. If no Deputy Minister of Northern Affairs designated (2) If no Deputy Minister of Northern Affairs is designated under subsection (1), (a) the Deputy Minister of Crown-Indigenous Relations is to exercise the powers and perform the duties and functions of the Deputy Minister of Northern Affairs; and (b) every reference to the Deputy Minister of Northern Affairs in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Deputy Minister of Crown-Indigenous Relations, unless the context otherwise requires. Powers, duties and functions 13 The powers, duties and functions of the Minister of Northern Affairs extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating (a) to Yukon, to the Northwest Territories or to Nunavut and its resources and affairs; and (b) to policies, directives and programs with respect to the Canadian North. Coordination, policies and scientific research 14 The Minister of Northern Affairs is to (a) coordinate the activities of the departments, boards and agencies of the Government of Canada in the territories; (b) develop and implement policies and programs to promote the social, economic and political development of the territories; and (c) foster, through scientific research and technology, knowledge of the Canadian North and the taking of various measures to support its development. Administration of lands — Nunavut 15 (1) The Minister of Northern Affairs has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands that are under (a) the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or (b) the administration and control of the Commissioner of Nunavut under the Nunavut Act. Yukon and Northwest Territories (2) The Minister of Northern Affairs has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under (a) the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or (b) the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act. Use of departmental services and facilities 16 The Minister of Northern Affairs is to make use of the services and facilities of the Department. Transfer of responsibility 17 The Minister of Northern Affairs may enter into an agreement with the government of a territory with respect to the transfer of responsibilities to the territory. Delegation 18 The Minister of Northern Affairs may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to any officer of the Department or the Minister of Indigenous Services, for any period and under any terms that the Minister of Northern Affairs considers suitable. Provisions Applicable to Both Ministers Special representatives 19 (1) The Minister or the Minister of Northern Affairs, as the case may be, may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter. Committees (2) The Minister or the Minister of Northern Affairs, as the case may be, may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1). Remuneration and expenses (3) The Minister or the Minister of Northern Affairs, as the case may be, is to fix the remuneration and expenses to be paid to special representatives and to committee members. Collection and use of information 20 (1) The Minister or the Minister of Northern Affairs, as the case may be, may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration. Disclosure of information (2) The Minister or the Minister of Northern Affairs, as the case may be, may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others, (a) the Department of Indigenous Services; (b) a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.‍1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act; (c) an Indigenous organization; or (d) a not-for-profit entity controlled by Indigenous individuals. Exceptions related to disclosure (3) Paragraphs (2)‍(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information, (a) that is personal information as defined in section 3 of the Privacy Act, unless (i) the personal information is publicly available, (ii) the individual to whom the personal information relates consents to its disclosure, or (iii) the disclosure is for a purpose referred to in any of paragraphs 8(2)‍(a), (b), (f), (j), (k) or (m) of the Privacy Act; (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege; (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act. Coming into Force Order in council — July 15, 2019 337.‍1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019. SUBDIVISION C  Transitional Provisions, Consequential Amendments, Coordinating Amendments and Repeal Transitional Provisions Indigenous Services Minister 338 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act, as enacted by section 336. Deputy Minister (2) Any person who holds, immediately before the day on which this section comes into force, the office of Special Adviser to the Minister of Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act, as enacted by section 336, as the Deputy Minister of Indigenous Services. Persons who occupy a position (3) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services. Transfer of appropriations 339 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services. Validation of acts and decisions 340 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act, as enacted by that section 336, or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be. Crown-Indigenous Relations and Northern Affairs Minister of Crown-Indigenous Relations 341 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in section 4 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337. Minister of Northern Affairs (2) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State to assist the Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in subsection 11(1) of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337. Deputy Minister (3) Any person who holds, immediately before the day on which this section comes into force, the office of Deputy Minister of Indian Affairs and Northern Development is deemed to have been appointed on that day under section 5 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337, as the Deputy Minister of Crown-Indigenous Relations. Persons who occupy a position (4) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indian Affairs and Northern Development, except that the person, as of that day, occupies or is assigned to their position in the Department of Crown-Indigenous Relations and Northern Affairs. Transfer of appropriations 342 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indian Affairs and Northern Development and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated for defraying the expenditures of the public service of Canada within the Department of Crown-Indigenous Relations and Northern Affairs. Validation of acts and decisions — Crown-Indigenous Relations 343 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be. Validation of acts and decisions — Northern Affairs 344 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State to assist the Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be. References and Regulations References — certain agreements 345 (1) On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be. References — other documents (2) On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be. Regulations 346 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act. Consequential Amendments R.‍S.‍, c. A-1 Access to Information Act 347 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Departments and Ministries of State”: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 348 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-257, s. 1 349 Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada R.‍S.‍, c. F-11 Financial Administration Act SOR/2017-257, s. 1 350 Schedule I to the Financial Administration Act is amended by striking out the following: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 351 Schedule I to the Act is amended by adding the following in alphabetical order: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-254, s. 1 352 Schedule I.‍1 to the Act is amended by striking out, in column I, the reference to Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada and the corresponding reference in column II to ‘‘Minister of State styled Minister of Indigenous Services’’. SOR/2017-255, s. 1 353 Schedule IV to the Act is amended by striking out the following: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada 2006, c. 9, s. 270 354 Part I of Schedule VI to the Act is amended by striking out the following: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 355 Part I of Schedule VI to the Act is amended by adding the following in alphabetical order: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-256, s. 1 356 Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada and the corresponding reference in column II to ‘‘Deputy Minister’’. R.‍S.‍, c. I-5 Indian Act 357 Section 3 of the Indian Act is replaced by the following: Superintendent general 3 The Minister of Indigenous Services shall be the superintendent general of Indian affairs. 358 Paragraph 108(c) of the Act is replaced by the following: (c) the Minister and the Deputy Minister of Indigenous Services, R.‍S.‍, c. P-21 Privacy Act 359 The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 360 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-258, s. 1 361 The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada R.‍S.‍, c. S-3 Salaries Act 2005, c. 16, s. 13 362 (1) Paragraph 4.‍1(3)‍(l) of the Salaries Act is repealed. (2) Subsection 4.‍1(3) of the Act is amended by adding the following after paragraph (z.‍22): (z.‍23) the Minister of Crown-Indigenous Relations; (z.‍24) the Minister of Northern Affairs; (z.‍25) the Minister of Indigenous Services; R.‍S.‍, c. W-4 Dominion Water Power Act 363 The definition Minister in section 2 of the Dominion Water Power Act is replaced by the following: Minister means the Minister of Indigenous Services or, in relation to public lands in Nunavut, the Minister of Northern Affairs; (ministre) 1991, c. 30 Public Sector Compensation Act 364 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 365 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments”: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones 1994, c. 35 Yukon First Nations Self-Government Act 366 (1) The portion of subsection 32(1) of the Yukon First Nations Self-Government Act before paragraph (a) is replaced by the following: Property of minors and mental incompetents 32 (1) Notwithstanding subsection 17(1), the Minister of Indigenous Services may continue to exercise any authority under the Indian Act that the Minister of Indigenous Services has, immediately before a first nation’s self-government agreement is brought into effect, in relation to the administration of the property of (2) Subsection 32(2) of the Act is replaced by the following: Transfer to trustee (2) The property of a person referred to in subsection (1), including moneys held in the Consolidated Revenue Fund, may be transferred in trust for that person or that person’s estate on terms agreed to by the Minister of Indigenous Services and the first nation. 1991, c. 50; 2001, c. 4, s. 10 Federal Real Property and Federal Immovables Act 2014, c. 2, s. 42 367 Subsection 17(2) of the Federal Real Property and Federal Immovables Act is replaced by the following: Administration — Minister of Northern Affairs (2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.‍1) is granted in fee simple under this Act, the Minister of Northern Affairs has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.‍1). 2013, c. 7 First Nations Financial Transparency Act 368 (1) The definition Minister in section 2 of the First Nations Financial Transparency Act is replaced by the following: Minister means the Minister of Crown-Indigenous Relations.‍ (ministre) (2) The definition Minister in section 2 of the Act is replaced by the following: Minister means the Minister of Indigenous Services.‍ (ministre) 369 (1) Section 9 of the Act is replaced by the following: Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)‍(a) to (d) on the Internet site of the Department of Crown-Indigenous Relation and Northern Affairs without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). (2) Section 9 of the Act is replaced by the following: Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)‍(a) to (d) on the Internet site of the Department of Indigenous Services without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). 2014, c. 38 Indian Act Amendment and Replacement Act 370 Section 2 of the Indian Act Amendment and Replacement Act is replaced by the following: Report by Ministers 2 Within the first 10 sitting days of the House of Commons in every calendar year, the Minister of Indigenous Services must report to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act. Terminology Replacement of “Department of Indian Affairs and Northern Development” 371 (1) Every reference to the “Department of Indian Affairs and Northern Development” is replaced by a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (a) paragraph 25(b) of the Yukon First Nations Self-Government Act; and (b) paragraph 16(2)‍(b) of the Specific Claims Tribunal Act. Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (a) paragraphs 7(a) and (b) of the Gwich’in Land Claim Settlement Act; (b) paragraph 7(b) of the Nunavut Land Claims Agreement Act; (c) paragraph 7(a) of the Sahtu Dene and Metis Land Claim Settlement Act; (d) paragraph 15(b) of the Yukon First Nations Land Claims Settlement Act; (e) paragraphs 4(d) and (f) of the Tlicho Land Claims and Self-Government Act; and (f) subsection 25(2) of the First Nations Jurisdiction over Education in British Columbia Act. Other reference to Department of Indian Affairs and Northern Development (3) Unless the context requires otherwise, the reference to the “Department of Indian Affairs and Northern Development” is to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the English version of paragraph 15(b) of the Westbank First Nation Self-Government Act. Replacement of “Department of Indian Affairs and Northern Development” 372 (1) Every reference to the “Department of Indian Affairs and Northern Development” is replaced by a reference to the “Department of Indigenous Services” in the following provisions: (a) the definition Department in subsection 2(1) of the Indian Act; (b) section 15 of the Indian Oil and Gas Act; (c) subparagraphs 2(3)‍(f)‍(i) and (ii) of the Payments in Lieu of Taxes Act; (d) subsection 7(2) of the Canada Oil and Gas Operations Act; (e) paragraph 109.‍1(c) of the Pension Act; (f) paragraph 6.‍6(c) of the Department of Veterans Affairs Act; (g) subsection 10(2) of the Dominion Water Power Act; (h) paragraph 72(c) of the Canada Petroleum Resources Act; and (i) paragraph (a) of the definition reservation in section 59 of the Yukon Surface Rights Board Act. Other reference to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, the reference to the “Department of Indian Affairs and Northern Development” is to be read as a reference to the “Department of Indigenous Services” in the English version of the portion of subsection 22(1) of the Kanesatake Interim Land Base Governance Act before paragraph (a). Replacement of “Minister of Indian Affairs and Northern Development” 373 (1) Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (a) the definition Minister in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; (b) the definition Minister in subsection 2(1) of the Sechelt Indian Band Self-Government Act; (c) the definition Minister in section 2 of the Yukon First Nations Self-Government Act; (d) the definition Minister in subsection 2(1) of the First Nations Land Management Act; (e) the definition Minister in section 8 of the Manitoba Claim Settlements Implementation Act; (f) the definition Minister in section 2 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act; (g) in the Westbank First Nation Self-Government Act, (i) section 13, and (ii) subsection 14.‍1(1); (h) the definition Minister in subsection 2(1) of the First Nations Fiscal Management Act; (i) the definition Minister in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act; and (j) the definition Minister in section 2 of the Specific Claims Tribunal Act. Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (a) the portion of section 7 of the Gwich’in Land Claim Settlement Act before paragraph (a); (b) the portion of section 7 of the Nunavut Land Claims Agreement Act before paragraph (a); (c) the portion of section 7 of the Sahtu Dene and Metis Land Claim Settlement Act before paragraph (a); (d) the portion of section 15 of the Yukon First Nations Land Claims Settlement Act before paragraph (a); (e) the portion of section 15 of the Westbank First Nation Self-Government Act before paragraph (a); (f) the portion of section 4 of the Tlicho Land Claims and Self-Government Act before paragraph (a); and (g) section 32 of An Act to amend the Cree-Naskapi (of Quebec) Act, chapter 12 of the Statutes of Canada, 2009. Other references to Minister (3) Unless the context requires otherwise, every reference to the “Minister” is to be read as a reference to the “Minister of Crown-Indigenous Relations” in sections 12 and 13 of the Sechelt Indian Band Self-Government Act. Replacement of “Minister of Indian Affairs and Northern Development” 374 Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of Northern Affairs” in the following provisions: (a) the definition Minister in section 34 of the Canada Lands Surveys Act; (b) in the Canada Oil and Gas Operations Act, (i) the definitions federal Ministers and Minister in section 2, (ii) subsection 5.‍001(1), (iii) subsection 5.‍014(1), (iv) paragraph 6(2)‍(a), and (v) subsection 7(3); (c) the definition Minister in section 2 of the Territorial Lands Act; (d) in the Canada Petroleum Resources Act, (i) paragraph (b) of the definition Minister in section 2, (ii) the definition Minister in section 75, (iii) paragraph 76(1)‍(b), (iv) paragraph (b) of the definition Deputy Registrar in subsection 84(1), and (v) paragraph (b) of the definition Registrar in subsection 84(1); (e) the definition Minister in section 2 of the Northern Canada Power Commission Yukon Assets Disposal Authorization Act; (f) the definition Minister in section 2 of the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act; (g) the definition Minister in section 2 of the Nunavut Act; (h) the definition Minister in section 2 of the Yukon Surface Rights Board Act; (i) the definition federal Minister in section 2 of the Mackenzie Valley Resource Management Act; (j) the definition Minister in section 2 of the Yukon Act; (k) the definition Minister in subsection 2(1) the Nunavut Waters and Nunavut Surface Rights Tribunal Act; (l) the definition federal minister in subsection 2(1) of the Yukon Environmental and Socio-economic Assessment Act; (m) in the Nunavut Planning and Project Assessment Act, (i) the definition federal Minister in subsection 2(1), and (ii) paragraph (b) of the definition responsible Minister in subsection 73(1); and (n) the definition Minister in section 2 of the Northwest Territories Act. Replacement of “Minister of Indian Affairs and Northern Development” 375 (1) Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of Indigenous Services” in the following provisions: (a) the definition Minister in subsection 2(1) of the Indian Act; (b) the definition Minister in section 2 of the Indian Oil and Gas Act; (c) subparagraph 157(3)‍(b)‍(i) of the Canada Labour Code; (d) the definition Minister in subsection 2(1) of the Saskatchewan Treaty Land Entitlement Act; (e) subsection 21(1) of the Kanesatake Interim Land Base Governance Act; (f) in the Species at Risk Act, (i) subsection 53(2), (ii) subsection 58(7), (iii) subsection 59(5), and (iv) subsection 71(2); (g) the definition Minister in subsection 2(1) of the First Nations Oil and Gas and Moneys Management Act; (h) the definition Minister in subsection 2(1) of the First Nations Commercial and Industrial Development Act; (i) subsection 161(1) of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1; (j) the definition Minister in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act; (k) the definition Minister in subsection 2(1) of the Safe Drinking Water for First Nations Act; and (l) the definition Minister in section 2 of the First Nations Elections Act. Other reference to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, the reference to the “Minister of Indian Affairs and Northern Development” is to be read as a reference to the “Minister of Indigenous Services” in the portion of subsection 22(1) of the Kanesatake Interim Land Base Governance Act before paragraph (a). Other reference to Minister (3) Unless the context requires otherwise, the reference to the “Minister” is to be read as a reference to the “Minister of Indigenous Services” in subsection 11(2) of the Saskatchewan Treaty Land Entitlement Act. Coordinating Amendments 2009, c. 7 376 (1) In this section, other Act means An Act to amend the Indian Oil and Gas Act, chapter 7 of the Statutes of Canada, 2009. (2) If section 1 of the other Act comes into force before paragraph 375(1)‍(b) of this Act, then (a) that paragraph 375(1)‍(b) is deemed never to have come into force and is repealed; and (b) the definition Minister in subsection 2(1) of the Indian Oil and Gas Act is replaced by the following: Minister means the Minister of Indigenous Services.‍  (ministre) (3) If paragraph 375(1)‍(b) of this Act comes into force before section 1 of the other Act, then, on the day on which that section 1 comes into force, the definition Minister in subsection 2(1) of the Indian Oil and Gas Act is replaced by the following: Minister means the Minister of Indigenous Services.‍  (ministre) (4) If paragraph 375(1)‍(b) of this Act comes into force on the same day as section 1 of the other Act, then that section 1 is deemed to have come into force before that paragraph 375(1)‍(b) and subsection (2) applies as a consequence. (5) On the first day on which both section 3 of the other Act and paragraph 372(1)‍(b) of this Act are in force, section 15 of the Indian Oil and Gas Act is replaced by the following: Ministerial powers 15 Without derogating from paragraph 24(2)‍(d) of the Interpretation Act in relation to any other power of the Minister under this Act, the Minister may delegate in writing any of the Minister’s powers under subsections 8(1), 10(1) and (3) and 14(1) to any person employed in the Department of Indigenous Services. 2018, c. 27, s. 675 377 On the first day on which both section 3 of the Addition of Lands to Reserves and Reserve Creation Act (in this section referred to as the “other Act”) and section 3 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337 of this Act, are in force, (a) the definition Minister in section 2 of the other Act is replaced by the following: Minister means the Minister of Crown-Indigenous Relations.‍ (ministre) (b) section 3 of the other Act and the heading before it are repealed. Bill C-92 378 If Bill C-92, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting First Nations, Inuit and Métis children, youth and families (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 6 of that Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336 of this Act, are in force, (a) the definition Minister in section 1 of the other Act is replaced by the following: Minister means the Minister of Indigenous Services.‍ (ministre) (b) section 6 of the other Act and the heading before it are repealed. Bill C-94 379 If Bill C-94, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting certain payments to be made out of the Consolidated Revenue Fund (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 1 of that Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336 of this Act, are in force, section 1 of the other Act is replaced by the following: Maximum payment of $2,200,000,000 1 Despite 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 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. Bill C-262 380 If Bill C-262, introduced in the 1st session of the 42nd Parliament and entitled the United Nations Declaration on the Rights of Indigenous Peoples Act (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 6 of that Act and section 3 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337 of this Act, are in force, section 6 of the other Act is replaced by the following: Annual report to Parliament 6 The Minister of Crown-Indigenous Relations must, within 60 days after the first day of April of every year including and occurring between the years 2017 and 2037, submit a report to each House of Parliament on the implementation of the measures referred to in section 4 and the plan referred to in section 5 for the relevant period. This Act 381 On the first day on which both section 130 of this Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336 of this Act, are in force, that section 130 is replaced by the following: Maximum payment of $2,200,000,000 130 Despite 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 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. Repeal Repeal 382 The Department of Indian Affairs and Northern Development Act, chapter I-6 of the Revised Statutes of Canada, 1985, is repealed. Coming into Force Order in council — July 15, 2019 383 (1) This Subdivision, except for subsections 368(2) and 369(2) and sections 376 to 381, comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019. Order in council (2) Subsections 368(2) and 369(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day on which subsections 368(1) and 369(1) come into force. SUBDIVISION D  Various Amendments 1999, c. 24 First Nations Land Management Act 2012, c. 19, par. 652(l)‍(E) 384 Section 44 of the First Nations Land Management Act is replaced by the following: Non-application of Statutory Instruments Act 44 The Statutory Instruments Act does not apply in respect of a land code, First Nation laws or an order made under subsection 25.‍1(1). 2005, c. 48 First Nations Oil and Gas and Moneys Management Act 385 (1) The portion of subsection 22(1) of the First Nations Oil and Gas and Moneys Management Act before paragraph (a) is replaced by the following: Additions to Schedule 1 22 (1) The Minister may, by order, add a first nation’s name to Schedule 1 following (2) Subsection 22(2) of the Act is replaced by the following: Change of name (2) On receipt of a resolution of a first nation’s council advising of a change in the name of the first nation, the Minister may, by order, amend Schedule 1 accordingly. 2018, c. 27, s. 675 Addition of Lands to Reserves and Reserve Creation Act 386 On the first day on which both section 675 of the Budget Implementation Act, 2018, No. 2 and section 384 of this Act are in force, section 4 of the Addition of Lands to Reserves and Reserve Creation Act is amended by adding the following after subsection (4): Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1). DIVISION 26  Federal Prompt Payment for Construction Work Act Enactment of Act Enactment 387 The Federal Prompt Payment for Construction Work Act is enacted as follows: An Act to establish a regime for prompt payment for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables Short Title Short title 1 This Act may be cited as the Federal Prompt Payment for Construction Work Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. adjudicator means an individual designated as an adjudicator by the Adjudicator Authority.‍  (intervenant expert) Adjudicator Authority means the entity, designated under section 15, responsible for the designation of adjudicators.‍ (autorité des intervenants experts) capital repair means any repair intended to extend the normal useful life or to improve the value or productivity of any real property or immovable, but does not include maintenance or repair work performed to prevent the normal deterioration or to maintain the normal, functional state of the real property or immovable.‍ (réparation majeure) construction project means one or more of the following elements required by a contract between a contractor and Her Majesty or a service provider:  (a) the addition, alteration or capital repair to, or restoration of, any federal real property or federal immovable; (b) the construction, erection or installation on any federal real property or federal immovable, including the installation of equipment that is essential to the normal or intended use of the federal real property or federal immovable; or (c) the complete or partial demolition or removal of any federal real property or federal immovable. (projet de construction) construction work means the supply of materials or services, including the rental of equipment, for the purposes of a construction project located in Canada.‍ (travaux de construction) contractor means a party to a contract with Her Majesty or a service provider under which that party is to perform construction work, but does not include such a party if they are the lessor or lessee of the real property or immovable to which the construction work relates. (entrepreneur) federal immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (immeuble fédéral)  federal real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (bien réel fédéral)  Her Majesty means Her Majesty in right of Canada.‍ (Sa Majesté) Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 3.‍ (ministre) notice of adjudication means a written notice provided under subsection 16(2).‍ (avis de renvoi) notice of non-payment means a written notice provided under subsection 9(3), 10(3) or 11(3).‍ (avis de non-paiement) proper invoice means an invoice submitted under subsection 9(1) that meets the requirements under this Act as well as any other requirements set out in the contract between the contractor and Her Majesty or a service provider that do not conflict with the requirements under this Act. (facture en règle) service provider means a party to a contract with Her Majesty under which that party is to provide Her Majesty with services related to federal real property or a federal immovable and may, for the purposes of fulfilling its obligations under that contract, enter into a contract with a person for the carrying out of a construction project, but does not include a party to such a contract if they are the lessor or lessee of the federal real property or federal immovable. (fournisseur de services) subcontractor means   (a) a party to a contract with a contractor under which that party is to perform construction work; and (b) a party to a contract with any person — other than Her Majesty, a service provider or the contractor — under which that party is to perform construction work for the purposes of the same construction project for which the construction work referred to in paragraph (a) is to be performed.‍ (sous-traitant) Employment contract (2) The references to a contract in the definitions contractor, service provider and subcontractor in subsection (1) do not include a contract under which a party is to perform construction work as an employee. Designation Minister 3 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act. Purpose of Act Purpose 4 The purpose of this Act is to promote the orderly and timely carrying out of construction projects in respect of any federal real property or federal immovable by addressing the non-payment of contractors and subcontractors who perform construction work for the purposes of those projects. Application of Act Application 5 This Act applies to Her Majesty, to any service provider and to any contractor or subcontractor that is to perform construction work for the purposes of a construction project located in Canada in respect of any federal real property or federal immovable. Designation of province 6 (1) The Governor in Council may, by order, designate any province if the Governor in Council is, taking into account any criteria set out in the regulations, of the opinion that the province has, by or under the laws of that province, enacted (a) a regime for the payment of contractors and subcontractors that is reasonably similar to the one set out in this Act; and (b) in case of non-payment of contractors or subcontractors, an adjudication regime that is reasonably similar to the one set out in this Act. Non-application — designated province (2) If the Governor in Council designates a province under subsection (1), (a) subsections 8(2) and 9(5), sections 10 to 14 and subsection 16(5) no longer apply to any contractor that is to perform construction work for the purposes of a construction project located in that province; (b) the provisions of this Act no longer apply to (i) any subcontractor that is to perform construction work for the purposes of that construction project, and (ii) any service provider that is to pay for construction work performed for the purposes of that construction project; and (c) the Governor in Council may, with respect to all construction projects located in that province, adapt any provisions of this Act that apply to Her Majesty or continue to apply to contractors for the purpose of addressing any inconsistency or conflict between those provisions and the provincial law. Exception (3) Subsection (2) does not apply to a construction project if any part of that project straddles the border between two or more provinces. Exemption 7 The Governor in Council may, by order, exempt any construction project from the application of this Act. Duty to inform potential contractor 8 (1) Before Her Majesty or a service provider enters into a contract with a person under which that person is to perform construction work, Her Majesty or that service provider must inform the person that they will be subject to this Act if they enter into the contract and provide them with any information prescribed by regulation. Duty to inform subcontractor (2) Before a contractor or subcontractor enters into a contract with a person, under which that person is to perform construction work for the purposes of the same construction project for which the construction work referred to in subsection (1) is to be performed, that contractor or subcontractor must inform the person that they will be subject to this Act if they enter into the contract and provide them with any information prescribed by regulation. Payments Between Parties Her Majesty or Service Provider to Contractor Submission of proper invoice 9 (1) A contractor must, on a monthly basis or as specified by its contract, submit a proper invoice in writing to Her Majesty or a service provider, as the case may be, with respect to any construction work that was performed by the contractor, or performed and invoiced by any subcontractor in the subcontracting chain, up to the date of the proper invoice and not yet paid for by Her Majesty or that service provider. Duty to pay (2) Her Majesty or the service provider must pay the contractor for all of the construction work referred to in subsection (1) no later than the 28th day after the day on which the proper invoice is received. Non-payment (3) Despite subsection (2), Her Majesty or the service provider may decline to pay for some or all of the construction work referred to in subsection (1) if, no later than the 21st day after the day on which the proper invoice is received, Her Majesty or the service provider provides the contractor with a notice of non-payment. No prior verification (4) A proper invoice is not subject to any requirement respecting prior verification of the construction work. Right to information — proper invoice (5) On request, a contractor must inform any subcontractor in the subcontracting chain of the date on which Her Majesty or the service provider received a proper invoice from the contractor under subsection (1). Contractor to Subcontractor Duty to pay 10 (1) A contractor that is paid by Her Majesty or a service provider under subsection 9(2) must, no later than the 35th day after the day on which the proper invoice is received by Her Majesty or a service provider, pay each of its subcontractors for the construction work that they invoiced and that was covered by the proper invoice and paid for by Her Majesty or the service provider. Partial payment (2) For the purposes of subsection (1), if the contractor is only paid in part, it must distribute the amount received from Her Majesty or the service provider in the following manner: (a) on a rateable basis, the contractor must pay any of its subcontractors whose construction work is not covered by a notice of non-payment provided under subsection 9(3) and may retain any amount owed to the contractor by Her Majesty or the service provider for any of the contractor’s own construction work that is not covered by such a notice; and (b) then, from any remaining amount and on a rateable basis, the contractor must pay any of its subcontractors whose work is partly covered by a notice of non-payment provided under subsection 9(3) and may retain any amount owed to the contractor by Her Majesty or the service provider for any of the contractor’s own construction work that is partly covered by such a notice. Non-payment (3) Despite subsection (1), the contractor may decline to pay for some or all of the construction work if, no later than the 28th day after the day on which the proper invoice is received, the contractor provides the subcontractor with a notice of non-payment. Subcontractor to Subcontractor Duty to pay 11 (1) A subcontractor that is paid by a contractor under subsection 10(1) must, no later than the 42nd day after the day on which the proper invoice is received by Her Majesty or the service provider, pay each of its subcontractors for the construction work that they invoiced and that was covered by the proper invoice and paid for by Her Majesty or the service provider. Partial payment (2) For the purpose of subsection (1), if the subcontractor is only paid in part, it must distribute the amount received from the contractor in the following manner: (a) on a rateable basis, the subcontractor must pay any of its subcontractors whose construction work is not covered by a notice of non-payment provided under subsection 10(3) and may retain any amount owed to the subcontractor by the contractor for any of the subcontractor’s own construction work that is not covered by such a notice; and (b) then, from any remaining amount and on a rateable basis, the subcontractor must pay any of its subcontractors whose work is partly covered by the notice of non-payment provided under subsection 10(3) and may retain any amount owed to the subcontractor by the contractor for any of the subcontractor’s own construction work that is partly covered by such a notice. Non-payment (3) Despite subsection (1), the subcontractor may decline to pay for some or all of the construction work if, no later than the 35th day after the day on which the proper invoice is received, the subcontractor provides its subcontractor with a notice of non-payment. Further application — subcontracting chain (4) This section applies to any other subcontractor in the subcontracting chain, with any necessary modifications, so that (a) any subcontractor that is paid under subsection (1) must pay its subcontractors no later than the 49th day after the day on which the proper invoice is received by Her Majesty or the service provider and those subcontractors must pay any of their subcontractors no later than the 56th day after the day on which the proper invoice is received and so on, in increments of seven days, until the end of the subcontracting chain; and (b) any subcontractor that is paid under subsection (1) may decline to pay any of its subcontractors if it provides them with a notice of non-payment no later than the 42nd day after the day on which the proper invoice is received by Her Majesty or the service provider and those subcontractors may decline to pay any of their subcontractors if they provide them with a notice of non-payment no later than the 49th day after the day on which the proper invoice is received and so on, in increments of seven days, until the end of the subcontracting chain. Holdback Payment subject to holdback 12 (1) Any payment for construction work made to a party under subsection 9(2), 10(1) or 11(1) may be subject to a holdback provided for by the contract entered into between that party and the party that is to pay them. Limit (2) However, the amount of a holdback made under the contract cannot exceed what that amount would be if the holdback was made under the construction law of the province in which the construction project is located. Payment of holdback (3) The amount of the holdback must be paid by no later than the day on which that payment would be made under the construction law of the province in which the construction project is located. Non-payment Notice of non-payment 13 A notice of non-payment must include the following: (a) a description of the construction work covered by the notice of non-payment; (b) the amount that will not be paid; (c) the reasons for the non-payment, including whether the party that must pay does not have the necessary funds to do so as a result of also receiving a notice of non-payment that covers the construction work referred to in paragraph (a); and (d) any other information prescribed by regulation. Interest on unpaid amounts 14 (1) Interest must be paid and begins to accrue on the following unpaid amounts from the expiry of the time limit for payment provided under this Act or, when applicable, the shorter time limit set out in the contract between the parties: (a) any amount that is not covered by a notice of non-payment; (b) any amount that is covered by a notice of non-payment, if the only reason for non-payment of that amount is that the party that must pay does not have the necessary funds to do so as a result of also receiving a notice of non-payment that covers the construction work that must be paid for; and (c) any amount that is covered by a notice of non-payment, if there is a reason for non-payment of that amount other than the reason referred to in paragraph (b), but only for the portion of that amount that an adjudicator orders to be paid. Applicable interest rate (2) The interest rate applicable to the amounts referred to in subsection (1) is the rate prescribed by regulation or, if the contract between the parties sets out an interest rate, the greater of the rate prescribed by regulation and the rate set out in the contract. Dispute Resolution Designation 15 The Minister may, in accordance with any criteria prescribed by regulations, designate the Adjudicator Authority. Adjudication 16 (1) If a contractor or subcontractor has not been fully paid for its construction work within the time limit for payment provided under this Act or, when applicable, the shorter time limit set out in its contract, that contractor or subcontractor may obtain from an adjudicator a determination respecting any dispute over the non-payment by the party that is to pay it under the contract. Notice to other party (2) A contractor or subcontractor that seeks to have the dispute referred to in subsection (1) determined by an adjudicator must provide the party that is to pay it under the contract with a notice of adjudication no later than the 21st day after the later of the following: (a) the day on which the contractor receives a certificate of completion with respect to the construction project from Her Majesty or a service provider; and (b) if any of its construction work is covered by the last proper invoice submitted with respect to the construction project, the expiry of the time limit provided under this Act for payment for that work. Notice of adjudication (3) A notice of adjudication must include the following: (a) the names of the parties to the dispute; (b) a brief description of the dispute, including details of how and when it arose; (c) the amount requested to be paid; (d) the name of a proposed adjudicator; and (e) any other information prescribed by regulation. Proposed adjudicator (4) For the purposes of paragraph (3)‍(d), the name must be selected from a list of adjudicators established by the Adjudicator Authority and that selection cannot be restricted by contract. Right to information — certificate of completion (5) On request, a contractor must inform any subcontractor in the subcontracting chain of the date on which the contractor received a certificate of completion with respect to the construction project from Her Majesty or the service provider. Joint appointment 17 (1) The parties to a dispute must jointly appoint an adjudicator to determine the dispute. Request for appointment (2) If the parties are unable to jointly appoint an adjudicator, either party may request that the Adjudicator Authority appoint an adjudicator for them. Appointment (3) On request, the Adjudicator Authority must appoint an adjudicator from a list of adjudicators it has established. Consent (4) The appointment of an adjudicator is subject to that adjudicator’s consent. Determination 18 (1) An adjudicator must, except in the cases provided for in the regulations, determine the dispute. Determination binding (2) The adjudicator’s determination is binding on the parties to the dispute unless they come to a written agreement or the determination is set aside by a court order or arbitral award. Authority of court or arbitrator (3) Nothing in this Act restricts the authority of a court or of an arbitrator to consider the merits of a matter determined by an adjudicator. Compliance with determination 19 (1) If a party that is to pay for construction work under its contract is ordered by the adjudicator to make a payment, the party must make the payment no later than the 10th day after the day on which it received the adjudicator’s determination, or within any other time limit set out in the determination. Filing of decision (2) If the party that is ordered to make the payment fails to do so within the applicable time limit, the party that is to be paid may (a) suspend further construction work without this constituting a breach of the terms of its contract; and (b) file in the Federal Court or a superior court of a province, as the case may be, a certified copy of the adjudicator’s determination within two years after the day on which that determination was received. Effect of filing (3) On the certified copy being filed, the determination becomes and may be enforced as an order of the Federal Court or superior court of a province, as the case may be. Costs, fees and expenses 20 (1) Subject to subsection (2), each party to the adjudication must pay its own costs and an equal portion of the adjudicator’s fees and expenses. Exception (2) If the adjudicator is of the opinion that a party has acted in an abusive, scandalous or vexatious manner or in bad faith, the adjudicator may order that party to pay some or all of the other party’s costs or some or all of the other party’s portion of the adjudicator’s fees and expenses. No summons 21 The adjudicator is not to be required to produce or give evidence in respect of any matter that comes to their knowledge as a result of exercising their powers or performing their duties or functions under this Act. General Provisions Regulations — Minister 22 The Minister may make regulations prescribing (a) the information referred to in section 8 and the form and manner in which it is to be submitted; (b) the form and content of a proper invoice and the manner in which it is to be submitted; (c) the form and any additional content of a notice of non-payment and the manner in which it is to be submitted; (d) the powers, duties and functions of the Adjudicator Authority; (e) the eligibility and qualifications of individuals who may be designated as adjudicators; (f) the powers, duties and functions of adjudicators; (g) the maximum fees for the services of an adjudicator; (h) the form and any additional content of a notice of adjudication and the manner in which it is to be submitted; and (i) the procedure and time limits governing the adjudication. Regulations — Governor in Council 23 The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations prescribing (a) criteria for the purpose of subsection 6(1); and (b) in respect of any province, any days that are to be excluded from the computation of time for the purposes of the time limits referred to in sections 9 to 11. Section 126 of Criminal Code 24 Section 126 of the Criminal Code does not apply to or in respect of any contravention or alleged contravention of any provision of this Act or its regulations. Transitional Provision Non-application for one year 25 For one year after the day on which this Act comes into force, this Act does not apply in respect of the following contracts to perform construction work: (a) a contract entered into by a contractor, before the day on which this Act comes into force, with Her Majesty or a service provider; and (b) a contract entered into by a subcontractor, before the day on which this Act comes into force or within one year after that day, with a contractor referred to in paragraph (a) or with any other subcontractor. Coming into Force Order in council 388 This Division comes into force on a day to be fixed by order of the Governor in Council. SCHEDULE 1  (Section 101) SCHEDULE  (Subsections 21.‍31(2), (3) and (6)) Offences 1 An offence under any of the following provisions of the Criminal Code: (a) subsection 57(1) (forgery of or uttering forged passport); (b) subsection 74(1) (piracy by law of nations); (c) section 75 (piratical acts); (d) section 83.‍02 (providing or collecting property for certain activities); (e) section 83.‍03 (providing, making available, etc.‍, property or services for terrorist purposes); (f) section 83.‍04 (using or possessing property for terrorist purposes); (g) section 83.‍12 (freezing of property, disclosure or audit); (h) subsection 83.‍18(1) (participation in activity of terrorist group); (i) section 83.‍181 (leaving Canada to participate in activity of terrorist group); (j) subsection 83.‍19(1) (facilitating terrorist activity); (k) section 83.‍191 (leaving Canada to facilitate terrorist activity); (l) section 83.‍2 (commission of offence for terrorist group); (m) section 83.‍201 (leaving Canada to commit offence for terrorist group); (n) section 83.‍202 (leaving Canada to commit offence that is terrorist activity); (o) subsection 83.‍21(1) (instructing to carry out activity for terrorist group); (p) subsection 83.‍22(1) (instructing to carry out terrorist activity); (q) subsection 83.‍221(1) (advocating or promoting commission of terrorism offences); (r) subsections 83.‍23(1) and (2) (concealing person who carried out terrorist activity and concealing person who is likely to carry out terrorist activity); (s) subsections 83.‍231(1), (3) and (4) (hoax — terrorist activity, causing bodily harm and causing death); (t) subsection 99(1) (weapons trafficking); (u) subsection 100(1) (possession for purpose of weapons trafficking); (v) subsection 101(1) (transfer without authority); (w) subsection 103(1) (importing or exporting knowing it is unauthorized); (x) subsection 104(1) (unauthorized importing or exporting); (y) subsection 119(1) (bribery of judicial officers, etc.‍); (z) section 120 (bribery of officers); (z.‍001) subsections 121(1) and (2) (frauds on the government and contractor subscribing to election fund); (z.‍002) subsection 121.‍1(1) (selling, etc.‍, of tobacco products and raw leaf tobacco); (z.‍003) section 122 (breach of trust by public officer); (z.‍004) subsection 123(1) (municipal corruption); (z.‍005) section 124 (selling or purchasing office); (z.‍006) section 125 (influencing or negotiating appointments or dealing in offices); (z.‍007) subsection 235(1) (murder); (z.‍008) section 236 (manslaughter); (z.‍009) subsection 239(1) (attempt to commit murder); (z.‍01) section 240 (accessory after fact to murder); (z.‍011) subsection 264.‍1(1) (uttering threats); (z.‍012) section 266 (assault); (z.‍013) section 267 (assault with a weapon or causing bodily harm); (z.‍014) subsection 268(1) (aggravated assault); (z.‍015) section 269 (unlawfully causing bodily harm); (z.‍016) subsection 269.‍1(1) (torture); (z.‍017) subsection 270(1) (assaulting a peace officer); (z.‍018) subsection 270.‍01(1) (assaulting peace officer with weapon or causing bodily harm); (z.‍019) section 270.‍02 (aggravated assault of peace officer); (z.‍02) subsection 270.‍1(1) (disarming a peace officer); (z.‍021) section 271 (sexual assault); (z.‍022) subsection 272(1) (sexual assault with a weapon, threats to a third party or causing bodily harm); (z.‍023) subsection 273(1) (aggravated sexual assault); (z.‍024) subsection 279(1) (kidnapping); (z.‍025) subsection 279.‍01(1) (trafficking in persons); (z.‍026) subsection 279.‍011(1) (trafficking of a person under 18 years); (z.‍027) subsections 279.‍02(1) and (2) (material benefit — trafficking of a person); (z.‍028) subsections 279.‍03 (1) and (2) (withholding or destroying documents — trafficking of a person); (z.‍029) subsections 279.‍1(1) and (2) (hostage taking); (z.‍03) subsection 280(1) (abduction of person under 16 years); (z.‍031) section 281 (abduction of person under 14 years); (z.‍032) subsections 286.‍2(1) and (2) (material benefit from sexual services); (z.‍033) subsections 286.‍3(1) and (2) (procuring); (z.‍034) subsection 322(1) (theft); (z.‍035) section 324 (theft by bailee of things under seizure); (z.‍036) subsection 326(1) (theft of telecommunication service); (z.‍037) subsection 327(1) (possession of device to obtain use of telecommunication facility or telecommunication service); (z.‍038) subsection 330(1) (theft by person required to account); (z.‍039) section 331 (theft by person holding power of attorney); (z.‍04) subsection 332(1) (misappropriation of money held under direction); (z.‍041) subsection 333.‍1(1) (motor vehicle theft); (z.‍042) subsection 335(1) (taking motor vehicle or vessel or found therein without consent); (z.‍043) section 336 (criminal breach of trust); (z.‍044) subsections 338(1) and (2) (fraudulently taking cattle or defacing brand and theft of cattle); (z.‍045) subsection 339(1) (taking possession, etc.‍, of drift timber); (z.‍046) section 340 (destroying documents of title); (z.‍047) section 341 (fraudulent concealment); (z.‍048) subsections 342(1) and (3) (theft, forgery, etc.‍, of credit card and unauthorized use of credit card data); (z.‍049) subsection 342.‍1(1) (unauthorized use of computer); (z.‍05) section 343 (robbery); (z.‍051) subsections 346(1) and (1.‍1) (extortion); (z.‍052) subsection 354(1) (possession of property obtained by crime); (z.‍053) section 355.‍2 (trafficking in property obtained by crime); (z.‍054) section 355.‍4 (possession of property obtained by crime — trafficking); (z.‍055) section 369 (exchequer bill paper, public seals, etc.‍); (z.‍056) subsections 372(1), (2) and (3) (false information, indecent communications and harassing communications); (z.‍057) section 374 (drawing document without authority, etc.‍); (z.‍058) section 375 (obtaining, etc.‍, by instrument based on forged document); (z.‍059) subsections 376(1) and (2) (counterfeiting stamp, etc.‍ and counterfeiting mark); (z.‍06) subsection 377(1) (damaging documents); (z.‍061) section 378 (offences in relation to registers); (z.‍062) subsections 380(1) and (2) (fraud and affecting public market); (z.‍063) section 381 (using mails to defraud); (z.‍064) section 382 (fraudulent manipulation of stock exchange transactions); (z.‍065) subsections 382.‍1(1) and (2) (prohibited insider trading and tipping); (z.‍066) subsection 385(1) (fraudulent concealment of title documents); (z.‍067) section 386 (fraudulent registration of title); (z.‍068) section 387 (fraudulent sale of real property); (z.‍069) section 388 (misleading receipt); (z.‍07) subsection 389(1) (fraudulent disposal of goods on which money advanced); (z.‍071) section 390 (fraudulent receipts under Bank Act); (z.‍072) section 392 (disposal of property to defraud creditors); (z.‍073) subsections 393(1), (2), and (3) (fraud in relation to fares, etc. and fraudulently obtaining transportation); (z.‍074) subsection 394(5) (fraud in relation to valuable mineral, sale of valuable minerals and purchase of valuable minerals); (z.‍075) subsection 396(1) (offences in relation to mines); (z.‍076) section 406 (forging trade-mark); (z.‍077) section 407 (forging trade-mark with intent to deceive or defraud); (z.‍078) section 408 (passing off); (z.‍079) subsection 409(1) (instruments for forging trade-mark); (z.‍08) section 410 (other offences in relation to trade-marks); (z.‍081) section 411 (used goods sold without disclosure); (z.‍082) subsections 426(1) and (2) (secret commissions); (z.‍083) section 449 (make counterfeit money); (z.‍084) section 450 (possession, etc.‍, of counterfeit money); (z.‍085) section 451 (having clippings, etc.‍); (z.‍086) section 452 (uttering, etc.‍, counterfeit money); (z.‍087) section 453 (uttering coin); (z.‍088) section 454 (slugs and tokens); (z.‍089) section 455 (clipping and uttering clipped coin); (z.‍09) section 456 (defacing current coins); (z.‍091) subsection 457(3) (likeness of bank-notes); (z.‍092) section 458 (making, having or dealing in instruments for counterfeiting); (z.‍093) section 459 (conveying instruments for coining out of mint); (z.‍094) subsection 460(1) (advertising and dealing in counterfeit money, etc.‍); (z.‍095) subsection 462.‍31(1) (laundering proceeds of crime); (z.‍096) subsection 467.‍11(1) (participation in activities of criminal organization); (z.‍097) section 467.‍111 (recruitment of members by a criminal organization); (z.‍098) subsection 467.‍12(1) (commission of offence for criminal organization); (z.‍099) subsection 467.‍13(1) (instructing commission of offence for criminal organization). 2 An offence under section 42 of the Copyright Act. 3 An offence under any of the following provisions of the Customs Act: (a) subsection 160(1), in respect of the contravention of any of sections 153, 155, 156, 159 and 159.‍1; (b) section 160.‍1, in respect of the contravention of section 153.‍1; (c) section 161, in respect of the contravention of section 154 or 157. 4 An offence under any of the following provisions of the Controlled Drugs and Substances Act: (a) subsections 5(1) and (2) (trafficking in substance and possession for purpose of trafficking); (b) subsections 6(1) and (2) (importing and exporting and possession for the purpose of exporting); (c) subsection 7(2) (production of substance). 5 An offence under any of the following provisions of the Corruption of Foreign Public Officials Act: (a) subsection 3(1) (bribing a foreign public official); (b) subsection 4(1) (accounting); (c) subsection 5(1) (offence committed outside Canada). 6 An offence under any of the following provisions of the Canadian Environmental Protection Act, 1999: (a) subsection 272(1); (contravention by persons of certain provisions); (b) subsection 272.‍1(1); (contravention by persons of certain provisions); (c) subsection 272.‍2 (1) (failure to comply with designated regulations); (d) subsections 272.‍4(1), (2) and (3); (contravention by ships of certain provisions); (e) subsections 272.‍5(1), (2) and (3); (contravention by ships of certain provisions); (f) subsections 274(1) and (2) (damage to environment and risk of death or harm to persons and criminal negligence). 7 An offence under any of the following provisions of the Immigration and Refugee Protection Act: (a) subsections 117(2) and (3) (organizing entry into Canada); (b) subsection 118(1) (trafficking in persons); (c) section 119 (disembarking persons at sea). 8 An offence under any of the following provisions of the Cannabis Act: (a) subsections 9(1) and (2) (distribution and possession for purpose of distributing); (b) subsections 10(1) and (2) (selling and possession for purpose of selling); (c) subsections 11(1) and (2) (importing and exporting and possession for purpose of exporting); (d) subsections 12(1), (4), (5), (6) and (7) (production, cultivation, propagation and harvesting); (e) subsection 13(1) (possession, etc.‍, for use in production or distribution of illicit cannabis); (f) subsection 14(1) (use of young person). 9 An offence under any Act of Parliament or law of the legislature of a province that provides for the imposition of a tax or duty for which the maximum term of imprisonment is five years or more. SCHEDULE 2  (Section 178) SCHEDULE A  (Section 2.‍4) PART 1  Things that Fall Within Definition “Food” in Section 2 Item Description   PART 2  Things that Fall Within Definition “Drug” in Section 2 Item Description   PART 3  Things that Fall Within Definition “Cosmetic” in Section 2 Item Description   PART 4  Things that Fall Within Definition “Device” in Section 2 Item Description   SCHEDULE 3  (Section 179) SCHEDULE g  (Sections 2 and 21.‍91) Item Description   SCHEDULE 4  (Section 315) SCHEDULE  (Section 8 and subparagraph 10(c)‍(i)) Metrics Publication Explorer Publication Explorer ParlVU