Bill C-47: An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023

Short Title Short title 1 This Act may be cited as the Budget Implementation Act, 2023, No. 1 . PART 1 Amendments to the Income Tax Act and Other Legislation R.S., c. 1 (5th Supp.) Income Tax Act 2 (1) The portion of paragraph 6(1)(e) of the Income Tax Act before subparagraph (i) is replaced by the following: Standby charge for automobile (e) if at any time in the year an automobile is made available to the taxpayer, or to a particular person who does not deal at arm’s length with the taxpayer, by another person (referred to in this paragraph as “the employer”) because of or as a consequence of a previous, the current or an intended office or employment of the taxpayer, the amount, if any, by which (2) Subparagraph 6(1)(e)(ii) of the Act is replaced by the following: (ii) the total of all amounts, each of which is an amount (other than an expense related to the operation of the automobile) paid in the year by the taxpayer, or the particular person who does not deal at arm’s length with the taxpayer, to the employer for the use of the automobile; (3) Subparagraph 6(1)(k)(ii) of the Act is replaced by the following:   (ii) amounts related to the operation (otherwise than in connection with or in the course of the taxpayer’s office or employment) of the automobile for the period or periods in the year during which the automobile was made available to the taxpayer, or a person who does not deal at arm’s length with the taxpayer, are paid or payable by the employer within the meaning of paragraph (e) that made the automobile available (in this paragraph referred to as the “payor”), and (4) The portion of subsection 6(2) of the Act before the formula is replaced by the following: Reasonable standby charge (2) For the purposes of paragraph (1)(e), a reasonable standby charge for an automobile for the total number of days (in this subsection referred to as the “total available days”) in a taxation year during which the automobile is made available to a taxpayer, or to a person who does not deal at arm’s length with the taxpayer, by a person (referred to in this subsection as the “employer”) shall be deemed to be the amount determined by the formula (5) Subsections (1) to (4) apply to taxation years that begin after 2022. 3 (1) Subclause B(I) of the description of B in subparagraph 8(1)(r)(ii) of the Act is replaced by the following: (I) the amount that is the total of the first dollar amount referred to in paragraph (s) and the amount determined for the taxation year for B in subsection 118(10), and (2) The portion of paragraph 8(1)(s) of the Act before the formula is replaced by the following: Deduction – tradesperson’s tools (s) if the taxpayer is employed as a tradesperson at any time in the taxation year, the lesser of $1,000 and the amount determined by the formula (3) Subsection 8(10) of the Act is replaced by the following: Certificate of employer (10) An amount otherwise deductible for a taxation year under paragraph (1)(c), (f), (h) or (h.1) or subparagraph (1)(i)(ii) or (iii) by a taxpayer shall not be deducted unless the taxpayer’s employer confirms in prescribed form that the conditions set out in the applicable provision were met in the year in respect of the taxpayer and the form is filed with the taxpayer’s return of income for the year. (4) Subsections (1) and (2) apply to the 2023 and subsequent taxation years. 4 (1) Subsection 12(3) of the Act is replaced by the following: Interest income (3) Subject to subsection (4.1), in computing the income for a taxation year of a corporation, partnership, unit trust or any trust of which a corporation or a partnership is a beneficiary, there shall be included any interest on a debt obligation (other than interest in respect of an income bond, an income debenture, a net income stabilization account or an indexed debt obligation) that accrues to it to the end of the year, or becomes receivable or is received by it before the end of the year, to the extent that the interest was not included in computing its income for a preceding taxation year. (2) Paragraphs (g) and (h) of the definition investment contract in subsection 12(11) of the Act are repealed. (3) Subsection 12(13) of the Act is replaced by the following: Definition of flipped property (13) For the purposes of subsections (12) and (14), a flipped property of a taxpayer means a property (other than a property, or a right to acquire property, that would be inventory of the taxpayer if the definition inventory in subsection 248(1) were read without reference to subsection (12)) that is (a) prior to its disposition by the taxpayer, either (i) a housing unit located in Canada, or (ii) a right to acquire a housing unit located in Canada; and (b) owned or, in the case of a right to acquire, held, by the taxpayer for less than 365 consecutive days prior to its disposition, other than a disposition that can reasonably be considered to occur due to, or in anticipation of, one or more of the following events: (i) the death of the taxpayer or a person related to the taxpayer, (ii) one or more persons related to the taxpayer becoming a member of the taxpayer’s household or the taxpayer becoming a member of the household of a related person, (iii) the breakdown of the marriage or common-law partnership of the taxpayer if the taxpayer has been living separate and apart from their spouse or common-law partner for at least 90 days prior to the disposition, (iv) a threat to the personal safety of the taxpayer or a related person, (v) the taxpayer or a related person suffering from a serious illness or disability, (vi) an eligible relocation of the taxpayer or the taxpayer’s spouse or common-law partner, if the definition eligible relocation were read without reference to the requirements for the new work location and the new residence to be in Canada, (vii) an involuntary termination of the employment of the taxpayer or the taxpayer’s spouse or common-law partner, (viii) the insolvency of the taxpayer, or (ix) the destruction or expropriation of the property. (4) Subsection (3) applies to the period throughout which a flipped property of a taxpayer is owned or held by the taxpayer in respect of a disposition that occurs after 2022. 5 (1) The portion of paragraph 13(4.3)(d) of the Act before subparagraph (i) is replaced by the following: (d) any amount that would, if this Act were read without reference to this subsection, be included in the cost of a property of the transferee included in Class 14.1 of Schedule II to the Income Tax Regulations (including a deemed acquisition under subsection (35)) or included in the proceeds of disposition of a property of the transferor included in that Class (including a deemed disposition under subsection (37)) in respect of the disposition or termination of the former property by the transferor is deemed to be (2) Paragraph 13(42)(a) of the French version of the Act is replaced by the following: a) pour l’application de la présente loi et de ses règlements (à l’exception du présent article, de l’article 20 et des dispositions réglementaires prises pour l’application de l’alinéa 20(1)a)), si la valeur de l’élément A de la formule figurant à la définition de montant cumulatif des immobilisations admissibles au paragraphe 14(5) avait augmenté immédiatement avant 2017 en raison de la disposition du bien immédiatement avant ce moment, le coût en capital du bien est réputé augmenter des 4/3 du montant de cette augmentation; (3) Section 13 of the Act is amended by adding the following after subsection (42): Transitional rule (43) An amount is to be included in computing a taxpayer’s income from a business for a taxation year, and is deemed not to be a taxable capital gain (other than for the purposes of the definition capital dividend account in subsection 89(1)), to the extent (a) the amount is part of the proceeds of disposition of eligible capital property (as defined in section 54, as it read on December 31, 2016) that is in respect of the business; (b) the disposition is under an agreement between the taxpayer and a purchaser that deals at arm’s length with the taxpayer; (c) the disposition occurred before March 22, 2016; (d) the amount becomes receivable under the agreement after 2016 and before 2024 because of a condition of the agreement, if (i) at the end of 2016, it was uncertain whether the condition would be met, and (ii) the condition is met after 2016; (e) the amount would, in the absence of this subsection, be a taxable capital gain; (f) the amount would have been included in computing the taxpayer’s income from the business if the amount had become receivable on December 31, 2016; and (g) the taxpayer files an election with the Minister, no later than the filing-due date for the taxpayer’s first taxation year that ends after August 9, 2022 to have this subsection apply in respect of the amount. (4) Subsection (1) applies in respect of dispositions that occur after 2016. (5) Subsections (2) and (3) are deemed to have come into force on January 1, 2017. 6 (1) Subsection 15(2.3) of the Act is replaced by the following: When s. 15(2) not to apply – ordinary lending business (2.3) Subsection (2) does not apply to a debt that arose in the ordinary course of the creditor’s business or a loan made in the ordinary course of the lender’s ordinary business of lending money (other than a business of lending money if, at any time during which the loan is outstanding, less than 90% of the aggregate outstanding amount of the loans of the business is owing by borrowers that deal at arm’s length with the lender) where, at the time the indebtedness arose or the loan was made, bona fide arrangements were made for repayment of the debt or loan within a reasonable time. Interpretation – partnerships (2.31) For the purposes of this subsection and subsection (2.3), (a) a person or partnership that is a member of a particular partnership that is a member of another partnership is deemed to be a member of the other partnership; and (b) a borrower shall be considered to deal at arm’s length with a lender only if (i) for greater certainty, the borrower and the lender deal with each other at arm’s length, (ii) where either the borrower or the lender is a partnership and the other party is not, each member of the partnership deals at arm’s length with the other party, and (iii) where both the borrower and the lender are partnerships, the borrower and each member of the borrower deal at arm’s length with the lender and each member of the lender. (2) Subsection 15(5) of the English version of the Act is replaced by the following: Automobile benefit (5) For the purposes of subsection (1), the value of the benefit to be included in computing a shareholder’s income for a taxation year with respect to an automobile made available to the shareholder, or a person related to the shareholder, by a corporation shall (except where an amount is determined under subparagraph 6(1)(e)(i) in respect of the automobile in computing the shareholder’s income for the year) be computed on the assumption that subsections 6(1), (1.1), (2) and (7) apply, with such modifications as the circumstances require, and as though references therein to “the employer” were read as “the corporation”. (3) Subsection (1) applies to loans made after 2022. Subsection (1), subsection 15(2) of the Act and all provisions of the Act relevant to the interpretation and application of subsection 15(2) of the Act also apply in respect of any portion of a particular loan made before 2023 that remains outstanding on January 1, 2023 – as if that portion were a separate loan that was made on January 1, 2023 in the same manner and on the same terms as the particular loan – if, at the time when the particular loan was made, it met the requirements of subsection 15(2.3) of the Act as in force at the time when the particular loan was made. (4) Subsection (2) applies to taxation years that begin after 2022. 7 Sections 15.1 and 15.2 of the Act are repealed. 8 (1) Subparagraph 20(1)(e)(vi) of the Act is replaced by the following: (vi) where a partnership has ceased to exist, (A) no amount may be deducted by the partnership under this paragraph in computing its income for its last fiscal period, and (B) there may be deducted for a taxation year ending after the time that is immediately before the end of the partnership’s last fiscal period (referred to in this clause as the “particular time”) by any person or partnership that was a member of the partnership at the particular time, that proportion of the amount that would, but for this subparagraph, have been deductible under this paragraph by the partnership in the fiscal period ending in the year had it continued to exist and had the partnership interest not been redeemed, acquired or cancelled, that the fair market value of the member’s interest in the partnership at the particular time is of the fair market value of all the interests in the partnership at the particular time; (2) The description of N in subclause 20(1)(l)(ii)(D)(II) of the Act is replaced by the following: N is the total of all amounts each of which is the specified reserve adjustment for a loan (other than an income bond or an income debenture) for the year or a preceding taxation year; (3) Paragraph 20(1)(v) of the Act is replaced by the following: Mining taxes (v) such amount as is allowed by regulation in respect of taxes on income from mining operations; (4) The portion of subsection 20(14) of the Act before paragraph (a) is replaced by the following: Accrued bond interest (14) Where, by virtue of an assignment or other transfer of a debt obligation, other than an income bond or an income debenture, the transferee has become entitled to an amount of interest that accrued on the debt obligation for a period commencing before the time of transfer and ending at that time that is not payable until after that time, that amount (5) The portion of subsection 20(14.1) of the Act before paragraph (a) is replaced by the following: Interest on debt obligation (14.1) Where a person who has issued a debt obligation, other than an income bond or an income debenture, is obligated to pay an amount that is stipulated to be interest on that debt obligation in respect of a period before its issue (in this subsection referred to as the “unearned interest amount”) and it is reasonable to consider that the person to whom the debt obligation was issued paid to the issuer consideration for the debt obligation that included an amount in respect of the unearned interest amount, (6) Subsection (1) is deemed to have come into force on June 26, 2013. (7) Subsection (3) applies to taxation years that end after 2007. Any assessment of a taxpayer’s tax, interest and penalties payable under the Act for any taxation year that ends before August 9, 2022 that would, in the absence of this subsection, be precluded because of subsections 152(4) to (5) of the Act is to be made to the extent necessary to take into account subsection (3) and subsection 103 (1) of this Act if the taxpayer so elects in writing and files that election with the Minister of National Revenue on or before the day that is six months after the day on which this section receives royal assent. 9 Paragraphs 44(1)(c) and (d) of the French version of the Act are replaced by the following: c) si l’ancien bien est visé à l’alinéa a), avant la fin de la deuxième année d’imposition suivant l’année initiale ou, si elle est postérieure, avant la fin de la période de 24 mois qui suit l’année initiale; d) sinon, avant la fin de la première année d’imposition suivant l’année initiale ou, si elle est postérieure, avant la fin de la période de 12 mois qui suit l’année initiale, 10 (1) Subparagraph (c.1)(iii.1) of the definition principal residence in section 54 of the Act is amended by striking out “or” at the end of clause (B), by replacing “and” with “or” at the end of clause (C) and by adding the following after clause (C): (D) a trust (I) a specified beneficiary of which for the year is a qualifying individual for the year in respect of the trust, and (II) under which no person other than a beneficiary described in subclause (I) may receive or otherwise obtain the use of, during the beneficiary’s lifetime, any of the income or capital of the trust and the trustees are required to consider the needs of the beneficiary including, without limiting the generality of the foregoing, the comfort, care and maintenance of the beneficiary, and (2) The definition principal residence in section 54 of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) a qualifying individual, for a taxation year in respect of a trust, means an individual who meets the following conditions: (i) the individual is, in the year, any of (A) the settlor of the trust, (B) the child, grandchild, great grandchild, parent, grandparent, great grandparent, brother, sister, uncle, aunt, niece or nephew of the settlor or of the spouse or common-law partner or former spouse or common-law partner of the settlor, and (C) the spouse or common-law partner or former spouse or common-law partner of any person described in clause (A) or (B), (ii) the individual is resident in Canada during the year, and (iii) an amount is deductible, or would be deductible if this Act were read without reference to paragraph 118.3(1)(c), under subsection 118.3(1) in computing the individual’s tax payable under this Part for the year; ( résidence principale ) (3) Subsections (1) and (2) apply to taxation years that begin after 2016. 11 (1) Paragraph 60(i) of the Act is replaced by the following: Premium or payment under PRPP, RRSP or RRIF (i) any amount that is deductible under section 146 or 146.3 or subsection 147.3(13.1) or 147.5(19) in computing the income of the taxpayer for the year; (2) Paragraph 60(i) of the Act is replaced by the following: Premium or payment – FHSA, PRPP, RRSP or RRIF (i) any amount that is deductible under section 146, 146.3 or 146.6 or subsection 147.3(13.1) or 147.5(19) in computing the income of the taxpayer for the year; (3) Subsection (1) is deemed to have come into force on December 14, 2012. (4) Subsection (2) is deemed to have come into force on April 1, 2023. 12 (1) Paragraph 60.03(2)(a) of the Act is replaced by the following: (a) the pensioner is deemed not to have received the portion of the pensioner’s pension income, qualified pension income or an amount described in subparagraph (c)(i) of the definition eligible pension income in subsection (1), as the case may be, for the taxation year that is equal to the amount of the pensioner’s split-pension amount for that taxation year; and (2) Paragraph 60.03(2)(b) of the Act is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (iii) as an amount described in subparagraph (c)(i) of the definition eligible pension income in subsection (1) to the extent that the split-pension amount was received by the pensioner as an amount described in subparagraph (c)(i) of that definition, if the pension transferee has attained the age of 65 years before the end of the taxation year. (3) Subsections (1) and (2) apply to the 2015 and subsequent taxation years. 13 (1) The portion of subparagraph (i) of the description of C in paragraph 63(2.3)(c) of the French version of the Act before clause (A) is replaced by the following: (i) s’il existe une personne assumant les frais d’entretien d’un enfant admissible du contribuable pour l’année, la somme des nombres suivants : (2) The portion of subparagraph (ii) of the description of C in paragraph 63(2.3)(c) of the French version of the Act before clause (A) is replaced by the following: (ii) dans les autres cas, la somme des nombres suivants : 14 Paragraph 66.1(9)(f) of the Act is replaced by the following: (f) all Canadian development expenses described in subparagraph (a)(ii) of the definition Canadian development expense in subsection 66.2(5) incurred by the taxpayer in respect of the well in a taxation year preceding the year, other than (i) expenses referred to in paragraph (d) or (e), (ii) restricted expenses, and (iii) expenses for a well referred to in paragraph (a) that are incurred (A) after 2020 (including expenses that are deemed by subsection 66(12.66) to have been incurred on December 31, 2020), if the expenses are incurred in connection with an obligation that was committed to in writing (including a commitment to a government under the terms of a licence or permit) by the taxpayer before March 22, 2017, and (B) after 2018 (including expenses that are deemed by subsection 66(12.66) to have been incurred on December 31, 2018), in any other case, 15 The portion of the definition commercial debt obligation after paragraph (b) in subsection 80(1) of the Act is replaced by the following: an amount in respect of the interest was or would have been deductible in computing the debtor’s income, taxable income or taxable income earned in Canada, as the case may be, if this Act were read without reference to paragraph 18(1)(g), subsections 18(2), (3.1) and (4) and section 21; ( créance commerciale ) 16 (1) The portion of paragraph 81(1)(d.1) of the Act before subparagraph (i) is replaced by the following: Canadian Forces members and veterans amounts (d.1) the total of all amounts received or enjoyed by the taxpayer or the taxpayer’s spouse or common-law partner or survivor (as defined in subsection 146.2(1)) in the year on account of (2) Paragraph 81(1)(d.1) of the Act is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iv): (v) a benefit provided under the Veterans Health Care Regulations , (vi) a benefit provided in respect of Rehabilitation Services and Vocational Assistance under Part 2 of the Veterans Well-being Act , or (vii) a benefit provided to a member of the Canadian Forces under the Compensation and Benefit Instructions for the Canadian Forces that is (A) a home modifications benefit, (B) a home modifications move benefit, (C) a vehicle modifications benefit, (D) a home assistance benefit, (E) an attendant care benefit, (F) a caregiver benefit, (G) a spousal education upgrade benefit, (H) a funeral and burial expenses benefit, or (I) a next of kin travel benefit; (3) Paragraph 81(1)(d.1) of the Act is amended by striking out “or” at the end of subparagraph (vi), by adding “or” at the end of subparagraph (vii) and by adding the following after subparagraph (vii): (viii) a benefit provided by the Department of National Defence as an education expense reimbursement for ill and injured members; (4) Subparagraph 81(1)(g.3)(i) of the Act is amended by striking out “or” at the end of clause (C), by replacing “and” with “or” at the end of clause (D) and by adding the following after clause (D): (E) the Settlement Agreement entered into by His Majesty in right of Canada on January 18, 2023 in respect of the class action relating to the attendance of day scholars at residential schools, and (5) Subsections (1) and (2) are deemed to have come into force on January 1, 2018. (6) Subsection (3) is deemed to have come into force on January 1, 2021. (7) Subsection (4) applies to the 2023 and subsequent taxation years. 17 (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), (v) 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 (1) applies to taxation years that end after 2007 except that, for taxation years that end before March 19, 2019, paragraph 87(2)(j.6) of the Act, as enacted by subsection (1), does not apply to subsection 127(10.2) of the Act. 18 (1) Paragraph 90(8)(b) of the Act is replaced by the following: (b) indebtedness that arose in the ordinary course of the business of the creditor or a loan made in the ordinary course of the creditor’s ordinary business of lending money (other than a business of lending money if, at any time during which the loan is outstanding, less than 90% of the aggregate outstanding amount of the loans of the business is owing by borrowers that deal at arm’s length with the creditor) if, at the time the indebtedness arose or the loan was made, bona fide arrangements were made for repayment of the indebtedness or loan within a reasonable time; (2) Section 90 of the Act is amended by adding the following after subsection (8): Interpretation — partnerships (8.01) For the purposes of paragraph (8)(b), a borrower shall be considered to deal at arm’s length with a creditor only if (a) for greater certainty, the borrower and the creditor deal with each other at arm’s length; (b) where either the borrower or the creditor is a partnership and the other party is not, each member of the partnership deals at arm’s length with the other party; and (c) where both the borrower and the creditor are partnerships, the borrower and each member of the borrower deal at arm’s length with the creditor and each member of the creditor. (3) Subsections (1) and (2) apply to loans made after 2022. Subsection (1), subsection 90(6) of the Act and all provisions of the Act relevant to the interpretation and application of subsection 90(6) of the Act also apply in respect of any portion of a particular loan made before 2023 that remains outstanding on January 1, 2023 – as if that portion were a separate loan that was made on January 1, 2023 in the same manner and on the same terms as the particular loan – if, at the time when the particular loan was made, it met the requirements of subsection 90(6) of the Act as in force at the time when the particular loan was made. 19 (1) The portion of subsection 93.3(1) of the Act before paragraph (a) is replaced by the following: Definition of specified trust 93.3 (1) In this section, specified trust , at any time, means a trust in respect of which the following apply at that time: (2) Paragraph 93.3(1)(b) of the Act is replaced by the following: (b) the trust is resident in Australia or India (in this section referred to as the “specified jurisdiction”); (3) Paragraph 93.3(2)(c) of the Act is replaced by the following: (c) the trust is at that time a specified trust; (4) The portion of paragraph 93.3(2)(e) of the Act before subparagraph (i) is replaced by the following: (e) unless the non-resident corporation first acquires a beneficial interest in the trust at that time or the non-resident corporation first becomes a foreign affiliate of the taxpayer at that time, immediately before that time (referred to in this paragraph as the “preceding time”) subsection (3) applied (5) The portion of subsection 93.3(3) of the Act before paragraph (b) is replaced by the following: Specified trusts (3) If this subsection applies at any time to a taxpayer resident in Canada in respect of a trust, the following rules apply at that time for the specified purposes: (a) the trust is deemed to be a non-resident corporation that is resident in the specified jurisdiction and not to be a trust; (6) Paragraph 93.3(4)(a) of the Act is replaced by the following: (a) the determination, in respect of an interest in a specified trust, of the Canadian tax results (as defined in subsection 261(1)) of the taxpayer resident in Canada referred to in subsection (3) for a taxation year in respect of shares of the capital stock of a foreign affiliate of the taxpayer; (7) Subsections (1) to (3), (5) and (6) are deemed to have come into force on January 1, 2022. (8) Subsection (4) is deemed to have come into force on July 12, 2013. However, if section 93.3 of the Act is deemed to have come into force on January 1, 2006 in respect of a corporation resident in Canada because of an election filed under subsection 22(3) of the Economic Action Plan 2014 Act, No. 2 , then subsection (4) is deemed to have come into force on January 1, 2006 in respect of that corporation. (9) For the purpose of determining if the condition in paragraph 93.3(2)(e) of the Act, as amended by subsection (4), is met at any particular time on or after January 1, 2022, if a non-resident corporation has a beneficial interest in a trust resident in India at the beginning of the day on January 1, 2022, the non-resident corporation is deemed to have first acquired a beneficial interest in the trust at that time. 20 (1) The portion of paragraph 95(2)(b) of the French version of the Act before subparagraph (i) is replaced by the following: b) la fourniture, par une société étrangère affiliée d’un contribuable, de services ou d’un engagement de fournir des services est réputée constituer une entreprise distincte, autre qu’une entreprise exploitée activement, que la société affiliée exploite, et le revenu qui est tiré de cette entreprise, qui s’y rapporte ou qui y est accessoire est réputé être un revenu tiré d’une entreprise autre qu’une entreprise exploitée activement, dans la mesure où, selon le cas : (2) The definition eligible controlled foreign affiliate in subsection 95(4) of the Act is replaced by the following: eligible controlled foreign affiliate , of a taxpayer, at any time, means a foreign affiliate of the taxpayer at that time, if (a) the affiliate is a controlled foreign affiliate of the taxpayer at that time and at the end of the affiliate’s taxation year that includes that time, and (b) the following condition is met: A ≥ 90% where A is the total of all amounts each of which would be the participating percentage (determined at the end of the taxation year) of a share owned by the taxpayer of the capital stock of a corporation, in respect of the affiliate, if (i) the definition relevant cost base were read without reference to the words “if the affiliate is an eligible controlled foreign affiliate of the taxpayer at that time,” in its subparagraph (b)(i), and (ii) the definition participating percentage in subsection (1) were read without reference to its paragraph (a) and the portion of its paragraph (b) before subparagraph (i); ( société étrangère affiliée contrôlée admissible ) (3) Subsection (1) applies to taxation years of a foreign affiliate of a taxpayer that begin on or after February 27, 2004. (4) Subsection (2) applies in respect of determinations made after August 19, 2011 in respect of property of a foreign affiliate of a taxpayer. However, if the taxpayer elects in writing under this subsection, in respect of all of its foreign affiliates, and files the election with the Minister of National Revenue, paragraph (b) of the definition eligible controlled foreign affiliate in subsection 95(4) of the Act, as enacted by subsection (2), is, in respect of any such determination made before August 9, 2022, to be read without reference to subparagraph (ii) of the description of A and subparagraph (i) of the description of A is to be read as follows: (i) the amount determined for paragraph (b) in the definition relevant cost base were nil; 21 The portion of subsection 96(3) of the Act before paragraph (a) is replaced by the following: Agreement or election of partnership members (3) If a taxpayer who was a member of a partnership at any time in a fiscal period has, for any purpose relevant to the computation of the taxpayer’s income from the partnership for the fiscal period, made or executed an agreement, designation or election under or in respect of the application of any of subsections 10.1(1), 13(4), (4.2) and (16), 20(9) and 21(1) to (4), section 22, subsection 29(1), section 34, clause 37(8)(a)(ii)(B), subsections 44(1) and (6), 50(1) and 80(5) and (9) to (11), section 80.04, subsections 86.1(2), 88(3.1), (3.3) and (3.5) and 90(3), the definition relevant cost base in subsection 95(4) and subsections 97(2), 139.1(16) and (17) and 249.1(4) and (6) that, if this Act were read without reference to this subsection, would be a valid agreement, designation or election, 22 (1) Paragraph 98(3)(c) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after that subparagraph: (i.1) if such property is a membership interest in a partnership (in this subparagraph referred to as the “other partnership”), the person’s percentage of the fair market value of the property immediately after its distribution to the person is deemed to be determined by the formula A − B where A is the amount that is the person’s percentage of the fair market value (determined without reference to this subparagraph) of the property immediately after its distribution, B is the portion of the amount by which the person’s percentage of the fair market value (determined without reference to this subparagraph) of the property immediately after its distribution exceeds the person’s percentage of the cost amount to the partnership of the property immediately before its distribution as may reasonably be regarded as being attributable to the total of all amounts each of which is immediately after the particular time (A) in the case of depreciable property held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the amount by which the fair market value (determined without reference to liabilities) of such depreciable property exceeds its cost amount, (B) in the case of a Canadian resource property or a foreign resource property held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the fair market value (determined without reference to liabilities) of such Canadian or foreign resource property, or (C) in the case of other property that is not a capital property, a Canadian resource property or a foreign resource property and that is held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the amount by which the fair market value (determined without reference to liabilities) of such other property exceeds its cost amount, and (2) Paragraph 98(5)(c) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after that subparagraph: (i.1) if such property is a membership interest in a partnership (in this subparagraph referred to as the “other partnership”), the fair market value of the property immediately after the particular time is deemed to be determined by the formula A − B where A is the amount that is the fair market value (determined without reference to this subparagraph) of the property immediately after its distribution to the proprietor, B is the portion of the amount by which the fair market value (determined without reference to this subparagraph) of the property immediately after its distribution to the proprietor exceeds the cost amount to the partnership of the property immediately before its distribution that may reasonably be regarded as being attributable to the total of all amounts each of which is immediately after the particular time (A) in the case of depreciable property held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the amount by which the fair market value (determined without reference to liabilities) of such depreciable property exceeds its cost amount, (B) in the case of a Canadian resource property or a foreign resource property held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the fair market value (determined without reference to liabilities) of such Canadian or foreign resource property, or (C) in the case of a property that is not a capital property, a Canadian resource property or a foreign resource property and that is held directly by the other partnership or held indirectly by the other partnership through one or more other partnerships, the amount by which the fair market value (determined without reference to liabilities) of such property exceeds its cost amount, and (3) Subsections (1) and (2) apply in respect of partnerships that cease to exist on or after August 9, 2022. 23 (1) The portion of subsection 108(3) of the Act before paragraph (a) is replaced by the following: Income of a trust in certain provisions (3) For the purposes of the definition income interest in subsection (1), subclause (c.1)(iii.1)(D)(II) of the definition principal residence in section 54 and the definitions lifetime benefit trust in subsection 60.011(1) and exempt foreign trust in subsection 94(1), the income of a trust is its income computed without reference to the provisions of this Act and, for the purposes of the definition pre-1972 spousal trust in subsection (1) and paragraphs 70(6)(b) and (6.1)(b), 73(1.01)(c) and 104(4)(a), the income of a trust is its income computed without reference to the provisions of this Act, minus any dividends included in that income (2) Subsection (1) applies to taxation years that begin after 2016. 24 Paragraph (b) of the definition action du capital-actions d’une société agricole ou de pêche familiale in subsection 110.6(1) of the French version of the Act is replaced by the following: b) à ce moment, la totalité ou la presque totalité de la juste valeur marchande des biens de la société est attribuable à des biens visés au sous-alinéa a)(iv). ( share of the capital stock of a family farm or fishing corporation ) 25 (1) The portion of subsection 115.2(2) of the Act before paragraph (a) is replaced by the following: Not carrying on business in Canada (2) For the purposes of subsections 115(1) and 150(1), Part XIV and section 805 of the Income Tax Regulations , a non-resident person is not considered to be carrying on business in Canada at any particular time solely because of the provision to the person, or to a partnership of which the person is a member, at the particular time of designated investment services by a Canadian service provider if (2) Subsection (1) is deemed to have come into force on August 9, 2022. 26 (1) Subsection 117(2.1) of the Act is replaced by the following: Adjustment to tax payable – advance payment (2.1) The tax payable under this Part on the individual’s taxable income for a taxation year, as computed under subsection (2), is deemed to be the total of the amount otherwise computed under that subsection and, except for the purposes of sections 118 to 118.9, 120.2, 121 and Subdivision C, the lesser of (a) the total of all amounts deemed to have been paid on account of the individual’s tax payable under this Part for the taxation year under subsections 122.7(2) and (3), and (b) the amount that (i) if the individual is an eligible individual for the purposes of subsection 122.7(2), is the total of all amounts deemed to have been paid (A) on account of the individual’s tax payable under this Part for the taxation year under subsection 122.72(1) or (3), and (B) on account of tax payable under this Part for the taxation year under subsection 122.72(1) or (3), if subsection 122.72(1) were read without reference to subsection 122.7(3), of a person who is the individual’s cohabiting spouse or common-law partner (as defined in subsection 122.7(1)) at the end of the taxation year, and (ii) in any other case, is the total of all amounts deemed to have been paid on account of the individual’s tax payable under this Part for the taxation year under subsection 122.72(1) or (3), if subsection 122.72(1) were read without reference to subsection 122.7(2). (2) Subsection (1) applies to taxation years that begin after 2022. 27 (1) Subparagraph (a)(iii.1) of the definition pension income in subsection 118(7) of the Act is replaced by the following: (iii.1) a payment (other than a payment described in subparagraph (i)) under a money purchase provision (as defined in subsection 147.1(1)) of a registered pension plan or under a specified pension plan, (2) Subsection (1) applies to the 2019 and subsequent taxation years. 28 (1) The portion of subsection 120.4(3) of the Act before paragraph (a) of the description of B is replaced by the following: Tax payable by a specified individual (3) Notwithstanding any other provision of this Act, if an individual is a specified individual for a taxation year, the individual’s tax payable under this Part for the year shall not be less than the amount, if any, determined by the formula (A + B) − (C + D) where A is the amount added under subsection (2) to the individual’s tax payable under this Part for the year; B is the amount that is the lesser of the amounts determined under paragraphs 117(2.1)(a) and (b) for the individual for the year; C is the amount deducted under section 118.3 in computing the individual’s tax payable under this Part for the year; and D is the total of all amounts each of which is the amount that (2) Subsection (1) applies to taxation years that begin after 2022. 29 (1) Section 122.5 of the Act is amended by adding the following after subsection (3.002): Additional deemed payment – January 2023 (3.003) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula 0.25 × (A − B) − C where A is the total of (a) $918, (b) $918 for the qualified relation, if any, of the individual in relation to the specified month, (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $918, (d) $483 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month, (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $483, and (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $483 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,919; B is 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $39,826; and C is the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year. (2) Section 122.5 of the Act is amended by adding the following after subsection (3.03): January 2023 payment – shared-custody parent (3.04) Notwithstanding subsection (3.003), if an eligible individual is a shared-custody parent (as defined in section 122.6, but with the term “qualified dependant” in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.003) to have been paid during the specified month is equal to the amount determined by the formula 0.5 × (A + B) where A is the amount determined by the formula in subsection (3.003), calculated without reference to this subsection; and B is the amount determined by the formula in subsection (3.003), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6. (3) Section 122.5 of the Act is amended by adding the following after subsection (4.2): January 2023 – month specified (4.3) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.003) is January 2023 and the taxation year is the 2021 taxation year. 30 (1) The portion of subsection 122.7(1) of the Act before the first definition is replaced by the following: Definitions 122.7 (1) The following definitions apply in this Subdivision. (2) The portion of subsection 122.7(2) of the Act before the formula is replaced by the following: Deemed payment on account of tax (2) Subject to subsection (5), an eligible individual for a taxation year who files a return of income for the taxation year 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 equal to the amount, if any, determined by the formula (3) Subsections 122.7(4) and (6) to (9) of the Act are repealed. (4) Subsections (1) to (3) apply to taxation years that begin after 2022. 31 (1) The Act is amended by adding the following after section 122.71: Advance payment 122.72 (1) Subject to subsection (5), an individual in relation to a month specified for a taxation year who is an eligible individual for the preceding taxation year who files a return of income for the preceding taxation year on or before the first day of November of the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount equal to 1/6 of the total of the amounts, if any, determined for the individual for the preceding taxation year under subsections 122.7(2) and (3). Conditions of application of subsection (3) (2) Subsection (3) applies in respect of an individual in relation to a particular month specified for a taxation year, and each subsequent month specified for the taxation year, if absent subsection (3) (a) the amount deemed by subsection (1) to have been paid by the individual during the particular month specified for the taxation year would be less than $33; and (b) it is reasonable to conclude that the amount deemed by subsection (1) to have been paid by the individual during each subsequent month specified for the taxation year would be less than $33. Single advance payment (3) If this subsection applies (a) the total of all amounts that would otherwise be deemed by subsection (1) to have been paid on account of the individual’s tax payable under this Part for the taxation year during the particular month specified for the taxation year, and during each subsequent month specified for the taxation year, is deemed to have been paid by the individual on account of their tax payable under this Part for the taxation year during the particular specified month for the taxation year; and (b) the amount deemed by subsection (1) to have been paid by the eligible individual during those subsequent months specified for the taxation year is deemed, except for the purpose of this subsection, not to have been paid to the extent that it is included in an amount deemed to have been paid by this subsection. Months specified (4) For the purposes of this section, the months specified for a taxation year are July and October of the taxation year and January of the immediately following taxation year. No advance payment (5) For the purposes of subsection (1), an individual is not an eligible individual for the preceding taxation year in relation to a month specified for a taxation year if the individual (a) dies in the taxation year before the first day of July; (b) is confined to a prison or similar institution for a period in the taxation year of at least 90 days that begins on or before the first day of the specified month; or (c) ceases to be resident in Canada on a day in the taxation year that is on or before the first day of the specified month. Notification to Minister (6) If, in the absence of subsection (5), an individual or their cohabiting spouse or common-law partner at the end of the preceding taxation year would be deemed in a taxation year to have paid an amount on account of tax payable for the taxation year under this section, the individual (or, in the case of a deceased individual, their legal representative) shall notify the Minister of the occurrence of any of the following events before the end of the month following the month in which the event occurs: (a) the individual dies in the taxation year; (b) the individual ceases to be resident in Canada in the taxation year; or (c) the individual is confined to a prison or similar institution for a period of at least 90 days in the taxation year. Advance payment – no eligible spouse (7) Subsection (1) is to be applied to a particular individual in relation to a month specified for a taxation year as if section 122.7 applied to the particular individual for the preceding taxation year on the basis that the particular individual had no eligible spouse for the preceding taxation year, if (a) another individual was, for the purposes of section 122.7, the eligible spouse of the particular individual for the preceding taxation year; and (b) the other individual is not, for the purposes of subsection (1), an eligible individual for the preceding taxation year in relation to the month specified for the taxation year because of subsection (5). (2) Subsection (1) applies to taxation years that begin after 2022. 32 The portion of the definition entreprise de placement déterminée in subsection 125(7) of the French version of the Act before paragraph (a) is replaced by the following: entreprise de placement déterminée  Entreprise exploitée par une société, sauf une entreprise exploitée par une caisse de crédit ou une entreprise de location de biens autres que des biens immeubles ou réels, dont le but principal est de tirer un revenu de biens, notamment des intérêts, des dividendes, des loyers et des redevances. Toutefois, sauf dans le cas où la société est une société à capital de risque de travailleurs visée par règlement au cours de l’année, l’entreprise exploitée par une société au cours d’une année d’imposition n’est pas une entreprise de placement déterminée si, selon le cas : 33 Subsection 136(1) of the Act is replaced by the following: Cooperative not private corporation 136 (1) Notwithstanding any other provision of this Act, a cooperative corporation that would, but for this section, be a private corporation is deemed not to be a private corporation except for the purposes of paragraphs 87(2)(vv) and (ww) (including, for greater certainty, in applying those paragraphs as provided under paragraph 88(1)(e.2)), the definitions excessive eligible dividend designation , general rate income pool and low rate income pool in subsection 89(1), subsections 89(4) to (6) and (8) to (10), sections 123.4, 125, 125.1, 127 and 127.1, the definition mark-to-market property in subsection 142.2(1), sections 152 and 157, subsection 185.2(3), the definition small business corporation in subsection 248(1) (as it applies for the purposes of paragraph 39(1)(c)) and subsection 249(3.1). 34 Paragraph (c) of the definition specified debt obligation in subsection 142.2(1) of the Act is replaced by the following: (c) an income bond, an income debenture or a prescribed property, or 35 Subsection 143(1) of the Act is amended by adding “and” at the end of paragraph (k), by striking out “and” at the end of paragraph (l) and by repealing paragraph (m). 36 (1) Paragraph 144.1(2)(f) of the Act is replaced by the following: (f) unless the condition in subparagraph (e)(ii) is satisfied, the rights under the trust of each key employee of a participating employer are not more advantageous than the rights of a class of beneficiaries described in subparagraph (e)(i); (2) Subsection (1) is deemed to have come into force on February 27, 2018. 37 (1) The description of Q in the definition net past service pension adjustment in subsection 146(1) of the Act is replaced by the following: Q is the total of all amounts each of which is the amount of a contribution made under subsection 147.1(20), or deemed by prescribed rules to have been made, in respect of the taxpayer for the immediately preceding year, and (2) Subsection (1) is deemed to have come into force on January 1, 2021. 38 (1) Paragraph 146.01(2)(b) of the Act is replaced by the following: (b) except for the purposes of paragraphs (d) and (g) of the definition regular eligible amount and paragraphs (e) and (f) of the definition supplemental eligible amount in subsection (1), where an individual agrees to acquire a condominium unit, the individual shall be deemed to have acquired it on the day the individual is entitled to immediate vacant possession of it; (2) Subsection (1) is deemed to have come into force on August 9, 2022. 39 (1) Paragraph (a) of the definition education savings plan in subsection 146.1(1) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii): (iv) an individual (other than a trust), who is a legal parent of a beneficiary, and the individual’s former spouse or common-law partner, who is also the legal parent of a beneficiary, and (2) Subclause 146.1(2)(g.1)(ii)(A)(II) of the Act is replaced by the following: (II) the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or for the individual in the 12-month period that ends at that time does not exceed $8,000 or any greater amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to the individual, or (3) Clause 146.1(2)(g.1)(ii)(B) of the Act is replaced by the following: (B) the individual satisfies, at that time, the condition set out in clause (i)(B) and the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or for the individual in the 13-week period that ends at that time does not exceed $4,000 or any greater amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to the individual; (4) Subsections (1) to (3) are deemed to have come into force on March 28, 2023. 40 (1) Section 146.2 of the Act is amended by adding the following after subsection (4): Right of set-off (4.1) A qualifying arrangement that is a deposit may provide that the issuer has the right to set off any indebtedness owed by the holder to the issuer, or a person related to the issuer, against the holder’s interest in the arrangement if (a) the terms and conditions of the indebtedness and the right of set-off are terms and conditions that persons dealing at arm’s length with each other would have entered into; and (b) it is reasonable to conclude that none of the main purposes for the right of set-off is to enable a person (other than the holder) or a partnership to benefit from the exemption from tax under this Part of any amount in respect of the TFSA. (2) The portion of subsection 146.2(5) of the Act before paragraph (a) is replaced by the following: TFSA (5) If the issuer of an arrangement that is, at the time it is entered into, a qualifying arrangement files with the Minister, before March of the calendar year following the calendar year in which the arrangement was entered into (or such later date as is acceptable to the Minister), an election in prescribed form and manner to register the arrangement as a TFSA under the Social Insurance Number of the individual with whom the arrangement was entered into, the arrangement becomes a TFSA at the time the arrangement was entered into and ceases to be a TFSA at the earliest of the following times: (3) Subsection (1) is deemed to have come into force on August 9, 2022. (4) Subsection (2) applies to the 2009 and subsequent taxation years. 41 (1) The portion of paragraph 146.3(2)(e.1) of the Act before subparagraph (i) is replaced by the following: (e.1) where the fund does not govern a trust or the fund governs a trust created before 1998 that does not hold an annuity contract as a qualified investment for the trust, the fund provides that if an annuitant, at any time, directs that the carrier transfer all or part of the property held in connection with the fund, or an amount equal to its value at that time, to another registered retirement income fund of the annuitant or in accordance with subsection (14.1), the transferor shall retain an amount equal to the lesser of (2) The portion of paragraph 146.3(2)(e.2) of the Act before subparagraph (i) is replaced by the following: (e.2) where paragraph (e.1) does not apply, the fund provides that if an annuitant, at any time, directs that the carrier transfer all or part of the property held in connection with the fund, or an amount equal to its value at that time, to another registered retirement income fund of the annuitant or in accordance with subsection (14.1), the transferor shall retain property in the fund sufficient to ensure that the total of (3) Paragraph 146.3(14.1)(b) of the Act is replaced by the following: (b) is transferred at the direction of the annuitant directly to a registered pension plan of which, at any time before the transfer, the annuitant was a member (as defined in subsection 147.1(1)) or to a specified pension plan and is allocated to the annuitant under a money purchase provision (as defined in subsection 147.1(1)) of the plan; or (4) Subsections (1) to (3) are deemed to have come into force on August 9, 2022. 42 (1) Clause (a)(ii)(B.1) of the definition disability savings plan in subsection 146.4(1) of the Act is replaced by the following: (B.1) if the arrangement is entered into before 2027, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, (2) The definition qualifying family member in subsection 146.4(1) 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) a brother or sister (determined without reference to subsection 252(2)) of the beneficiary. ( membre de la famille admissible ) (3) Paragraph 146.4(5)(b) of the Act is amended by striking out “and” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following: (ii) the trust’s taxable capital gain or allowable capital loss from the disposition of a property is equal to its capital gain or capital loss, as the case may be, from the disposition, and (iii) the trust’s income shall be computed without reference to subsection 104(6). (4) Subsection (3) is deemed to have come into force on August 9, 2022. 43 (1) Paragraph (a) of the definition compensation in subsection 147.1(1) of the Act is replaced by the following: (a) an amount in respect of the individual’s employment with the employer, or an office in respect of which the individual is remunerated by the employer, that is required (or that would be required but for paragraph 81(1)(a) as it applies with respect to the Indian Act or the Foreign Missions and International Organizations Act ) by section 5 or 6 to be included in computing the individual’s income for the year, except such portion of the amount that (i) meets the following conditions: (A) the portion may reasonably be considered to relate to a period throughout which the individual was not resident in Canada, and (B) the portion is (I) not attributable to the performance of the duties of the office or employment in Canada, or (II) exempt from income tax in Canada by reason of a tax treaty, or (ii) is deducted under paragraph 8(1)(o.2) in computing the taxpayer’s income for the year, (2) Paragraph (b) of the definition money purchase provision in subsection 147.1(1) of the Act is replaced by the following: (b) under which the only benefits in respect of a member are benefits (i) determined solely with reference to, and provided by, the amount in the member’s account, or (ii) provided under a VPLA fund described in subsection 8506(13) of the Income Tax Regulations ; ( disposition à cotisations déterminées ) (3) Subsection 147.1(1) of the Act is amended by adding the following in alphabetical order: designated money purchase provision , in a calendar year, means a money purchase provision of a registered pension plan under which accounts are maintained in respect of at least 10 members throughout the year or under which the total contributions made for the year on behalf of an individual described in paragraph 8515(4)(a) or (b) of the Income Tax Regulations do not exceed 50% of the total contributions made for the year; ( disposition à cotisations déterminées désignée ) permitted corrective contribution  to a registered pension plan means a contribution in a calendar year in respect of an individual that would otherwise have been made in one or more of the 10 immediately preceding years (each such year referred to in this definition as a “retroactive year”) in accordance with the money purchase provision of the plan as registered or a money purchase provision of a registered pension plan of a predecessor employer (for the purposes of this definition, as defined in subsection 8500(1) of the Regulations), but for an error that caused a failure to enroll the individual as a member of the plan or a failure to make a required contribution, to the extent that the amount of the contribution does not exceed the lesser of (a) the total of all amounts each of which is an amount, for a retroactive year, determined by the formula A + B − C where A is the total of all amounts each of which is an amount by which a contribution required to be made at a particular time in the retroactive year under the provision in respect of the individual exceeds the amount contributed at the particular time in respect of the individual, B is the amount of interest, if any, calculated in respect of each amount determined for A at a rate that (i) is required by the Pension Benefits Standards Act, 1985 or a similar law of a province, or (ii) if subparagraph (i) does not apply, does not exceed a reasonable rate, and C is the total amount previously contributed to the provision in respect of the individual under subsection (20) for the retroactive year, and (b) the amount determined by the formula E − F where E is 150% of the money purchase limit for the calendar year, and F is the total amount previously contributed in respect of the individual under subsection (20) to the provision, or to any other money purchase provision, if a participating employer under the provision or a predecessor employer has been a participating employer in respect of the individual under that other provision; ( cotisation corrective permise ) (4) Section 147.1 of the Act is amended by adding the following after subsection (19): Permitted corrective contribution (20) An individual or an employer may make a contribution in a calendar year under a money purchase provision of a registered pension plan in respect of the individual if it is a permitted corrective contribution and the provision was a designated money purchase provision in each of the prior years in respect of which the contribution is made. (5) Subsection (1) is deemed to have come into force on August 9, 2022. (6) Subsection (2) is deemed to have come into force on January 1, 2020. (7) Subsections (3) and (4) are deemed to have come into force on January 1, 2021. 44 (1) Paragraph 147.2(1)(a) of the Act is replaced by the following: (a) in the case of a contribution in respect of a money purchase provision of a plan, the contribution was made in respect of periods before the end of the taxation year (i) in accordance with the plan as registered, or (ii) under subsection 147.1(20); (2) Paragraph 147.2(4)(a) of the Act is replaced by the following: Service after 1989 (a) the total of all amounts each of which is a contribution (other than a prescribed contribution) made by the individual in the year (i) to a registered pension plan that is in respect of a period after 1989 or that is a prescribed eligible contribution, to the extent that the contribution was made in accordance with the plan as registered, or (ii) under subsection 147.1(20); (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2021. 45 (1) Paragraph 147.5(2)(f) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (iii) a surrender of benefits payable to a qualifying survivor of a member after the member’s death, to the extent permitted under the Pooled Registered Pension Plans Act or a similar law of a province; (2) Subsection 147.5(12) of the Act is replaced by the following: Member’s account (12) For the purposes of paragraph 18(1)(u), subparagraph (a)(i) of the definition excluded right or interest in subsection 128.1(10), paragraph 146(8.2)(b), subsection 146(8.21), paragraphs 146(16)(a) and (b), subparagraph 146(21)(a)(i), paragraph (b) of the definition excluded premium in subsection 146.01(1), paragraph (c) of the definition excluded premium in subsection 146.02(1), subsections 146.3(14) and 147(19) to (21), sections 147.3 and 160.2 and paragraphs 212(1)(j.1) and (m), and of regulations made under subsection 147.1(18), a member’s account under a PRPP is deemed to be a registered retirement savings plan under which the member is the annuitant. (3) Subparagraph (b)(ii) of the description of B in subsection 147.5(18) of the Act is replaced by the following: (ii) an amount distributed from the account to, or on behalf of, a qualifying survivor in relation to the member as a consequence of the death of the member. (4) Subsections (1) to (3) are deemed to have come into force on August 9, 2022. 46 (1) Subsection 149(1) of the Act is amended by adding the following after paragraph (o.4): Pension Benefits Guarantee Fund (o.5) the Pension Benefits Guarantee Fund under the Pension Benefits Act , R.S.O. 1990, c. P.8, and any corporation established solely for investing the assets of the Pension Benefits Guarantee Fund; (2) Paragraph 149(1.2)(a) of the Act is replaced by the following: (a) under an agreement that meets the following conditions: (i) the agreement is in writing between (A) the corporation, commission or association, and (B) a person who is His Majesty in right of Canada or of a province, a municipality, a municipal or public body or a corporation to which any of paragraphs (1)(d) to (d.6) applies and that is controlled by His Majesty in right of Canada or of a province, by a municipality in Canada or by a municipal or public body in Canada, (ii) the agreement is applicable within the geographical boundaries of (A) if the person is His Majesty in right of Canada or a corporation controlled by His Majesty in right of Canada, Canada, (B) if the person is His Majesty in right of a province or a corporation controlled by His Majesty in right of a province, the province, (C) if the person is a municipality in Canada or a corporation controlled by a municipality in Canada, the municipality, and (D) if the person is a municipal or public body or a corporation controlled by such a body, the area described in subsection (11) in respect of the person, (iii) the income earned from the activities carried on under the agreement is paid from the party described in clause (i)(B) to the party described in clause (i)(A), and (iv) the activities under the agreement are activities normally carried out by a local government; or (3) Subsection (1) applies to the 2022 and subsequent taxation years. (4) Subsection (2) is deemed to have come into force on August 9, 2022. 47 (1) Paragraph 149.1(15)(a) of the Act is replaced by the following: (a) the information contained in a public information return referred to in subsection (14) or (14.1), and the filing status of information returns required by that subsection, shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister considers appropriate; (2) Subparagraph 149.1(15)(b)(iii) of the Act is replaced by the following: (iii) the effective date of any suspension, revocation, annulment or termination of registration; and (3) Subsection (1) applies in respect of information returns required to be filed for taxation years that end after August 9, 2022. (4) Subsection (2) is deemed to have come into force on August 9, 2022. 48 (1) Subsections 150.1(2.2) and (2.3) of the Act are replaced by the following: Definition of tax preparer (2.2) In this section and subsection 162(7.3), tax preparer , for a calendar year, means a person or partnership who, in the year, accepts consideration to prepare more than five returns of income of corporations, more than five returns of income of individuals (other than trusts) or more than five returns of income of estates or trusts, but does not include an employee who prepares returns of income in the course of performing their duties of employment. Electronic filing — tax preparer (2.3) A tax preparer shall file any return of income prepared by the tax preparer for consideration by way of electronic filing, except that five of the returns of corporations, five of the returns of individuals (other than trusts) and five of the returns of estates or trusts may be filed other than by way of electronic filing. (2) Subsection 150.1(4) of the Act is replaced by the following: Declaration (4) If a return of income of a taxpayer for a taxation year is filed by way of electronic filing by a particular person (in this subsection referred to as the “filer”) other than the person who is required to file the return, the person who is required to file the return shall make an information return in prescribed form containing prescribed information, retain a copy of it and provide the filer with the information return, and that return and the copy shall be deemed to be a record referred to in section 230 in respect of the filer and the other person. (3) Section 150.1 of the Act is amended by adding the following after subsection (4): Electronic notice of assessment (4.1) Notwithstanding subsection 244(14.1), a notice of assessment in respect of a return of income for a taxation year of an individual is presumed to have been sent to the individual and received by the individual on the day that it is made available, using electronic means, to the individual, if (a) the return of income is filed by way of electronic filing; and (b) the individual has authorized that notices or other communications may be made available in that manner and has not before that date revoked that authorization in a manner specified by the Minister. (4) Subsections (1) and (3) come into force on January 1, 2024. 49 (1) Paragraph 152(1)(b) of the Act is replaced by the following: (b) the amount of tax, if any, deemed by any of subsections 120(2) or (2.2), 122.5(3) to (3.003), 122.51(2), 122.7(2) or (3), 122.72(1), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2) or (2.1), 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. (2) Paragraph 152(1.2)(d) of the Act is replaced by the following: (d) the Minister determines the amount deemed by any of subsections 122.5(3) to (3.003), 122.72(1) or 122.8(4) to have been paid by an individual for a taxation year to be nil, subsection (2) does not apply to the determination unless the individual requests a notice of determination from the Minister. (3) Subparagraph 152(4)(b)(ii) of the French version of the Act is replaced by the following: (ii) est établie par suite de l’établissement, en application du présent alinéa ou du paragraphe (6), d’une cotisation ou d’une nouvelle cotisation concernant l’impôt payable par un autre contribuable, (4) Paragraph 152(4)(b.1) of the Act is replaced by the following: (b.1) an information return described in subsection 237.1(7) that is required to be filed in respect of a deduction or claim made by the taxpayer in relation to a tax shelter is not filed as and when required, and the assessment, reassessment or additional assessment is made before the day that is three years after the day on which the information return is filed; (5) Subsection 152(4) of the Act is amended by adding the following after paragraph (b.4): (b.5) an information return that is required to be filed under subsection 237.3(2) in respect of a reportable transaction (as defined in subsection 237.3(1)) entered into by the taxpayer, or by a person for the benefit of the taxpayer, is not filed as and when required, and the assessment, reassessment or additional assessment is made before the day that is (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or (ii) in any other case, three years after the day on which the information return is filed; (b.6) an information return that is required to be filed under subsection 237.4(4) in respect of a notifiable transaction (as defined in subsection 237.4(1)) entered into by the taxpayer, or by a person for the benefit of the taxpayer, is not filed as and when required, and the assessment, reassessment or additional assessment is made before the day that is (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or (ii) in any other case, three years after the day on which the information return is filed; (b.7) an information return that is required to be filed under subsection 237.5(2) in respect of a reportable uncertain tax treatment (as defined in subsection 237.5(1)) of the taxpayer is not filed as and when required, and the assessment, reassessment or additional assessment is made before the day that is (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or (ii) in any other case, three years after the day on which the information return is filed; (6) The portion of subsection 152(4.01) of the Act before paragraph (a) is replaced by the following: Extended period of assessment (4.01) Notwithstanding subsections (4) and (5), an assessment, reassessment or additional assessment to which any of paragraphs (4)(a) to (b.1) or (b.3) to (c) applies in respect of a taxpayer for a taxation year may be made after the taxpayer’s normal reassessment period in respect of the year to the extent that, but only to the extent that, it can reasonably be regarded as relating to, (7) The portion of paragraph 152(4.01)(b) of the Act before subparagraph (i) is replaced by the following: (b) if any of paragraphs (4)(b), (b.1) or (b.5) to (c) applies to the assessment, reassessment or additional assessment, (8) Paragraph 152(4.01)(b) of the Act is amended by striking out “or” at the end of subparagraph (vi) and by replacing subparagraph (vii) with the following: (vii) the deduction or claim referred to in paragraph (4)(b.1), (viii) the reportable transaction referred to in paragraph (4)(b.5), (ix) the notifiable transaction referred to in paragraph (4)(b.6), or (x) any transaction, or series of transactions, to which the reportable uncertain tax treatment referred to in paragraph (4)(b.7) relates; (9) Paragraph 152(4.2)(b) of the Act is replaced by the following: (b) redetermine the amount, if any, deemed by any of subsections 120(2) or (2.2), 122.5(3) to (3.003), 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. (10) Subsections (4) to (8) apply to taxation years that begin after 2022. 50 (1) The portion of subsection 153(1) of the Act after paragraph (v) is replaced by the following: must deduct or withhold from the payment the amount determined in accordance with prescribed rules and must, at the prescribed time, remit that amount to the Receiver General on account of the payee’s tax for the year under this Part or Part XI.3, as the case may be, and, where at that prescribed time the person is a prescribed person, the remittance must be made to the account of the Receiver General at or through a designated financial institution. (2) Subsection 153(1.4) of the Act is replaced by the following: Exception — remittance to designated financial institution (1.4) For the purpose of subsection (1), a prescribed person referred to in that subsection is deemed to have remitted an amount to the account of the Receiver General at or through a designated financial institution if the prescribed person has remitted the amount to the Receiver General at least one day before the day upon which the amount is due. (3) Subsections (1) and (2) apply in respect of payments and remittances made after 2021. 51 (1) Paragraph 160.1(1)(b) of the Act is replaced by the following: (b) the taxpayer shall pay to the Receiver General interest at the prescribed rate on the excess (other than any portion of the excess that can reasonably be considered to arise as a consequence of the operation of section 122.5, 122.61, 122.72 or 122.8) from the day it became payable to the date of payment. (2) Paragraph 160.1(1.1)(b) of the Act is replaced by the following: (b) the total of the amounts deemed by subsection 122.5(3), (3.002) or (3.003) to have been paid by the individual during those specified months. (3) Subsection 160.1(3) of the Act is replaced by the following: Assessment (3) The Minister may at any time assess a taxpayer in respect of any amount payable by the taxpayer because of any of subsections (1) to (1.2) or for which the taxpayer is liable because of subsection (2.1) or (2.2), and the provisions of this Division (including, for greater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, in respect of an assessment made under this section, as though it were made under section 152 in respect of taxes payable under this Part, except that no interest is payable on an amount assessed in respect of an excess referred to in subsection (1) that can reasonably be considered to arise as a consequence of the operation of section 122.5, 122.61, 122.72 or 122.8. 52 (1) The Act is amended by adding the following after section 160.4: Electronic Payments Definitions 160.5 (1) The following definitions apply in this section. designated financial institution  has the same meaning as in subsection 153(6). ( institution financière désignée ) electronic payment  means any payment or remittance to the Receiver General that is made through electronic services offered by a designated financial institution or by any electronic means specified by the Minister. ( paiement électronique ) Requirement – electronic payments (2) The remittance or payment of an amount to the Receiver General must be made as an electronic payment if the amount of the remittance or payment exceeds $10,000, unless the payor or remitter cannot reasonably remit or pay the amount in that manner. (2) Subsection (1) applies in respect of payments and remittances made after 2023. 53 Paragraph 161(11)(b.1) of the Act is replaced by the following: (b.1) in the case of a penalty under subsection 237.1(7.4), 237.3(8), 237.4(12) or 237.5(5), from the day on which the taxpayer became liable to the penalty to the day of payment; and 54 (1) Paragraph 162(7.02)(a) of the Act is replaced by the following: (a) where the number of those information returns is greater than 5 and less than 51, $125; (a.1) where the number of those information returns is greater than 50 and less than 251, $250; (2) Section 162 of the Act is amended by adding the following after subsection (7.3): Penalty — electronic payments (7.4) Every person who fails to comply with subsection 160.5(2) is liable to a penalty equal to $100 for each such failure. (3) Subsection 162(8.1) of the Act is replaced by the following: Rules — partnership liable to a penalty (8.1) If a partnership is liable to a penalty under any of subsections (5) to (7.1), (7.3), (7.4), (8) and (10), then sections 152, 158 to 160.1, 161 and 164 to 167 and Division J apply, with any modifications that the circumstances require, to the penalty as if the partnership were a corporation. (4) Subsection (1) applies in respect of information returns filed after 2023. (5) Subsections (2) and (3) apply in respect of payments and remittances made after 2023. 55 Subsection 163(2.9) of the Act is replaced by the following: Partnership liable to penalty (2.9) If a partnership is liable to a penalty under paragraph (2)(i), subsection (2.4) or (2.901) or section 163.2, 237.1, 237.3 or 237.4, sections 152, 158 to 160.1, 161 and 164 to 167 and Division J apply, with any changes that the circumstances require, in respect of the penalty as if the partnership were a corporation. 56 (1) Section 164 of the Act is amended by adding the following after subsection (2.21): Application respecting refunds under section 122.72 (2.22) Where an amount deemed under section 122.72 to be paid by an individual during a month specified for a taxation year is applied under subsection (2) to a liability of the individual and the individual’s return of income for the year is filed on or before the individual’s balance-due day for the year, the amount is deemed to have been so applied on the day on which the amount would have been refunded if the individual were not liable to make a payment to His Majesty in right of Canada. (2) The portion of subsection 164(3) of the Act before paragraph (a) is replaced by the following: Interest on refunds and repayments (3) If, under this section, an amount in respect of a taxation year (other than an amount, or a portion of the amount, that can reasonably be considered to arise from the operation of section 122.5, 122.61, 122.72, 122.8 or 125.7) is refunded or repaid to a taxpayer or applied to another liability of the taxpayer, the Minister shall pay or apply interest on it at the prescribed rate for the period that begins on the day that is the latest of the days referred to in the following paragraphs and that ends on the day on which the amount is refunded, repaid or applied: (3) Subsections (1) and (2) apply to taxation years that begin after 2022. 57 (1) The portion of subsection 189(6.1) of the Act before paragraph (a) is replaced by the following: Revoked charity to file returns (6.1) If the registration of a taxpayer as a registered charity has been revoked (and subsection 188(2.1) does not apply to the taxpayer), the taxpayer shall, on or before the day that is one year from the end of the taxation year referred to in paragraph 188(1)(a), and without notice or demand, (2) The portion of subsection 189(8) of the Act before paragraph (a) is replaced by the following: Provisions applicable to Part (8) Subsections 150(2) and (3), sections 152 and 158, subsection 161(11), sections 162 to 167 and Division J of Part I apply in respect of an amount assessed under this Part and of a notice of suspension under subsection 188.2(1), (2) or (2.1) as if the notice were a notice of assessment made under section 152, with any modifications that the circumstances require including, for greater certainty, that a notice of suspension that is reconsidered or reassessed may be confirmed or vacated, but not varied, except that (3) Subsection (1) applies in respect of taxation years that end after August 9, 2022. (4) Subsection (2) is deemed to have come into force on August 9, 2022. 58 (1) Paragraph (a) of the description of J in subsection 204.2(1.2) of the Act is replaced by the following: (a) the total of all amounts each of which is (i) an amount received by the individual in the year and before that time out of or under a pooled registered pension plan, a registered retirement savings plan, a registered retirement income fund or a specified pension plan and included in computing the individual’s income for the year, or (ii) an amount included in computing the individual’s income for the year under any of subsections 146.01(4) to (6) and 146.02(4) to (6) (2) Subsection (1) applies to the 2018 and subsequent taxation years. 59 (1) Section 204.5 of the Act is replaced by the following: Publication 204. 5 Each year the Minister shall make available to the public, in such a manner as the Minister deems appropriate, the names of all registered investments as of December 31 of the preceding year. (2) Subsection (1) is deemed to have come into force on August 9, 2022. 60 (1) Subparagraph (a)(ii) of the definition advantage in subsection 207.01(1) of the Act is replaced by the following: (ii) a loan or an indebtedness (including, in the case of a TFSA, a loan or an indebtedness in respect of which the conditions in subsection 146.2(4) or (4.1) are met) the terms and conditions of which are terms and conditions that persons dealing at arm’s length with each other would have entered into, (2) The portion of subparagraph (b)(i) of the definition advantage in subsection 207.01(1) of the Act before clause (A) is replaced by the following: (i) a transaction or event or a series of transactions or events (other than a payment, not exceeding a reasonable amount, by the controlling individual of the registered plan where the payment would be described by paragraph 20(1)(bb) if the reference to “the taxpayer” in subparagraph (i) of that paragraph were read as a reference to “a controlling individual of a registered plan” and if the references to “the taxpayer” in subparagraph (ii) of that paragraph were read as references to “the registered plan”) that (3) Section 207.01 of the Act is amended by adding the following after subsection (1): Interpretation (2) For the purposes of this section, income includes dividends described in section 83. (4) Subsection (1) is deemed to have come into force on August 9, 2022. (5) Subsection (2) applies to the 2018 and subsequent taxation years. (6) Subsection (3) applies in respect of dividends received on or after August 9, 2022. 61 (1) Paragraph (c) of the description of B in subsection 207.8(2) of the Act is replaced by the following: (c) in any other case, the percentage (rounded to the nearest half percentage, or where it is equidistant from two such consecutive half percentages, to the higher of the two) determined by the formula E × F where E is the highest individual percentage for the year, and F is the percentage referred to in subsection 120(1); and (2) Subsection (1) applies to the 2022 and subsequent taxation years. 62 (1) Subsection 212(13.2) of the Act is replaced by the following: Application of Part XIII tax — payer subject to Part I (13.2) For the purposes of this Part, if a particular non-resident person pays or credits an amount (other than an amount to which subsection (13) applies) to another non-resident person or to a partnership (other than a Canadian partnership), the particular non-resident person is deemed to be a person resident in Canada in respect of the portion of the amount that is deductible in computing (a) the particular non-resident person’s taxable income earned in Canada from a source that is neither a treaty-protected business nor a treaty-protected property; or (b) the amount on which the particular non-resident person is liable to pay tax under Part I because of section 216. (2) Subsection 212(13.3) of the Act is replaced by the following: Application of Part XIII to authorized foreign bank (13.3) An authorized foreign bank is deemed to be a person resident in Canada for the purposes of (a) this Part, in respect of any amount paid or credited to or by the bank in respect of its Canadian banking business; and (b) the application in paragraph (13.1)(b) and subsection (13.2) of the definition Canadian partnership (as defined in subsection 248(1)), in respect of a membership interest in a partnership held by the bank in the course of its Canadian banking business. (3) Subsections (1) and (2) apply to amounts paid or credited after 2022. 63 (1) Clause (B) of the description of A in subparagraph 212.3(9)(b)(ii) of the Act is replaced by the following: (B) as a reduction of paid-up capital or dividend in respect of a class of shares of the capital stock of the subject corporation or the portion, of a reduction of paid-up capital or dividend in respect of a class of shares of the capital stock of a foreign affiliate of the particular corporation that were substituted for shares of the capital stock of the subject corporation, that can reasonably be considered to relate to shares of the capital stock of the subject corporation, or (2) The description of A in subparagraph 212.3(9)(b)(ii) of the Act, as amended by subsection (1), is replaced by the following: A is the amount that is equal to the fair market value of property that (A) the particular corporation demonstrates has been received at the subsequent time by it or by a corporation resident in Canada that was not dealing at arm’s length with the particular corporation at that time (either of which is in this subparagraph referred to as the “recipient corporation”) (I) as proceeds from the disposition of the acquired shares, or other shares to the extent that the proceeds from the disposition of those other shares can reasonably be considered to relate to the acquired shares or to shares of the capital stock of the subject corporation in respect of which an investment described in paragraph (10)(b) was made, (II) as a reduction of paid-up capital or dividend in respect of a class of shares of the capital stock of the subject corporation or the portion, of a reduction of paid-up capital or dividend in respect of a class of shares of the capital stock of a foreign affiliate of the particular corporation that were substituted for shares of the capital stock of the subject corporation, that can reasonably be considered to relate to shares of the capital stock of the subject corporation, or (III) if the investment is described in paragraph (10)(c) or (d) or subparagraph (10)(e)(i), 1 as a repayment of or as proceeds from the disposition of the debt obligation or amount owing, or 2 as interest on the debt obligation or amount owing, and (B) is not received by the recipient corporation (I) as a result of an investment, made by the recipient corporation, to which subsection (16) or (18) applies, or (II) as proceeds from a disposition of property to a corporation resident in Canada for which the acquisition is an investment to which subsection (16) or (18) applies, or to a partnership of which such a corporation is a member, (3) Subsection (1) applies in respect of transactions and events that occur after March 28, 2012. (4) Subsection (2) applies in respect of transactions and events that occur on or after August 9, 2022. 64 Paragraph 214(3)(g) of the Act is repealed. 65 Paragraph 227(10)(b) of the Act is replaced by the following: (b) subsection 237.1(7.4) or (7.5), 237.3(8), 237.4(12) or 237.5(5) by a person or partnership, 66 (1) Paragraph (b) of the definition specified Canadian entity in subsection 233.3(1) of the Act is replaced by the following: (b) a partnership where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a member that is a non-resident person or a taxpayer referred to in any of subparagraphs (a)(i) to (viii), is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of this paragraph. ( entité canadienne déterminée ) (2) Paragraph (n) of the definition specified foreign property in subsection 233.3(1) of the Act is replaced by the following: (n) an interest in a trust that is described in paragraph (a) or (b) of the definition exempt trust in subsection 233.2(1), or that would be described in paragraph (b) of that definition if that paragraph were read as follows: (b) a trust that (i) is resident in Australia or New Zealand for income tax purposes under the laws of Australia or New Zealand, as the case may be, (ii) qualifies for a reduced rate of income tax under the income tax laws of its country of residence referred to in subparagraph (i), (iii) is established principally for the purpose of administering or providing benefits under a superannuation, pension or retirement fund or plan, and (iv) is maintained primarily for the benefit of individuals that are resident in Australia or New Zealand, as the case may be; or (3) Subsections (1) and (2) apply to taxation years and fiscal periods that end after August 9, 2022. 67 Paragraph 237(1)(b) of the English version of the Act is replaced by the following: (b) within 15 days after the individual is requested by the person to provide the individual’s Social Insurance Number, 68 (1) The definition solicitor-client privilege in subsection 237.3(1) of the Act is repealed. (2) The definition avoidance transaction in subsection 237.3(1) of the Act is replaced by the following: avoidance transaction  means a transaction if it may reasonably be considered that one of the main purposes of the transaction, or of a series of transactions of which the transaction is a part, is to obtain a tax benefit. ( opération d’évitement ) (3) Paragraph (a) of the definition contractual protection in subsection 237.3(1) of the Act is replaced by the following: (a) any form of insurance or other protection, including, without limiting the generality of the foregoing, an indemnity, compensation or a guarantee, that (i) either immediately or in the future and either absolutely or contingently, (A) protects a person against a failure of the transaction or series to achieve any tax benefit from the transaction or series, or (B) pays for or reimburses any expense, fee, tax, interest, penalty or similar amount that may be incurred by a person in the course of a dispute in respect of a tax benefit from the transaction or series, and (ii) is not (A) standard professional liability insurance, or (B) integral to an agreement between persons acting at arm’s length for the sale or transfer of all or part of a business (either directly or through the sale or transfer of one or more corporations, partnerships or trusts) where it is reasonable to consider that the insurance or protection (I) is intended to ensure that the purchase price paid under the agreement takes into account any liabilities of the business immediately prior to the sale or transfer, and (II) is obtained primarily for purposes other than to achieve any tax benefit from the transaction or series; and (4) The portion of the definition reportable transaction in subsection 237.3(1) of the Act before subparagraph (a)(i) is replaced by the following: reportable transaction , at any time, means an avoidance transaction that is entered into by or for the benefit of a person, and each transaction that is part of a series of transactions that includes the avoidance transaction, if at the time any of the following paragraphs applies in respect of the avoidance transaction or series: (a) an advisor or promoter, or any person who does not deal at arm’s length with the advisor or promoter, has or had an entitlement, either immediately or in the future and either absolutely or contingently, to a fee (other than a fee in relation to a prescribed form required to be filed under subsection 37(11)) that to any extent (5) The portion of paragraph (b) of the definition reportable transaction in subsection 237.3(1) of the Act before subparagraph (i) is replaced by the following: (b) an advisor or promoter in respect of the avoidance transaction or series, or any person who does not deal at arm’s length with the advisor or promoter, obtains or obtained confidential protection, and the prohibition on disclosure provided under the confidential protection provides confidentiality in respect of a tax treatment in relation to the avoidance transaction or series, (6) Subsection 237.3(1) of the Act is amended by adding the following in alphabetical order: tax treatment , of a person, means a treatment in respect of a transaction, or series of transactions, that the person uses, or plans to use, in a return of income or an information return (or would use in a return of income or an information return if a return of income or an information return were filed) and includes the person’s decision not to include a particular amount in a return of income or an information return. ( traitement fiscal ) (7) Paragraph 237.3(2)(a) of the Act is replaced by the following: (a) every person for whom a tax benefit results, or for whom a tax benefit is expected to result based on the person’s tax treatment of the reportable transaction, from (i) the reportable transaction, (ii) any other reportable transaction that is part of a series of transactions that includes the reportable transaction, or (iii) a series of transactions that includes the reportable transaction; (8) Subsections 237.3(4) and (5) of the Act are replaced by the following: Clerical or secretarial services (4) For greater certainty, subsection (2) does not apply to a person solely because the person provided clerical services or secretarial services with respect to a reportable transaction. Time for filing return (5) An information return required under subsection (2) to be filed with the Minister for a reportable transaction must be filed by (a) a person described in paragraph (2)(a) or (b) on or before the particular day that is 90 days after the earliest of (i) the day on which the person becomes contractually obligated to enter into the reportable transaction, (ii) the day on which the person enters into the reportable transaction, and (iii) if the person is described in paragraph (2)(a) and a person described in paragraph (2)(b) enters into the reportable transaction for the benefit of the person described in paragraph (2)(a), the day on which the reportable transaction is entered into; and (b) a person described in paragraph (2)(c) or (d) no later than the earliest particular day described in paragraph (a) for a person described in paragraph (2)(a) or (b) in respect of the reportable transaction. (9) The portion of subsection 237.3(6) of the Act before paragraph (a) is replaced by the following: Tax benefits disallowed (6) At any time, section 245 is to be read without reference to its subsection (4) in respect of any reportable transaction in respect of a person described in paragraph (2)(a) in relation to the reportable transaction if, at that time, (10) Subsection 237.3(8) of the Act is replaced by the following: Penalty (8) Every person who fails to file an information return in respect of a reportable transaction as required under subsection (2) on or before the day required under subsection (5) is liable to a penalty equal to (a) if the person is described in paragraph (2)(a) or (b), (i) if the person is a corporation and the carrying value of the corporation’s assets is greater than or equal to $50 million for its last taxation year that ends prior to the day on which the information return is required to be filed under subsection (5), $2,000 multiplied by the number of weeks during which the failure continues, to a maximum amount equal to the greater of (A) $100,000, and (B) 25% of the amount of the tax benefit in respect of the reportable transaction, and (ii) in any other case, $500 multiplied by the number of weeks during which the failure continues, to a maximum amount equal to the greater of (A) $25,000, and (B) 25% of the amount of the tax benefit in respect of the reportable transaction; and (b) if the person is described in paragraph (2)(c) or (d), the total of (i) the amount of the fees charged by that person in respect of the reportable transaction, (ii) $10,000, and (iii) $1,000 multiplied by the number of days during which the failure continues, up to a maximum of $100,000. Penalty – deeming rule (8.1) If a person described in both paragraphs (2)(b) and (d) is liable to a penalty under subsection (8) in respect of a reportable transaction, the amount of the penalty is deemed to be equal to the greater of the amounts determined under paragraphs (8)(a) and (b). Carrying value (8.2) For the purpose of subparagraph (8)(a)(i), the carrying value of the assets of a corporation is to be determined in accordance with paragraphs 181(3)(a) and (b). (11) Subsections 237.3(9) and (10) of the Act are repealed. (12) Subsection 237.3(13) of the Act is replaced by the following: Application of sections 231 to 231.3 (13) Without restricting the generality of sections 231 to 231.3, even if a return of income has not been filed by a taxpayer under section 150 for a taxation year of the taxpayer in which a transaction occurs that is relevant to the tax benefit referred to in paragraph (2)(a) that results (or is expected to result) from the reportable transaction, sections 231 to 231.3 apply, with such modifications as the circumstances require, for the purpose of permitting the Minister to verify or ascertain any information in respect of the reportable transaction. (13) Subsection 237.3(17) of the Act is replaced by the following: Solicitor-client privilege (17) For greater certainty, this section does not require the disclosure of information if it is reasonable to believe that the information is subject to solicitor-client privilege. (14) Subsections (1) to (10) and (12) to (13) apply with respect to reportable transactions entered into after this Act receives royal assent. The provisions of the Act repealed by subsection (11) continue to apply in respect of reportable transactions entered into before this Act receives royal assent. 69 (1) The Act is amended by adding the following after section 237.3: Definitions 237.4 (1) The following definitions apply in this section. advisor , in respect of a notifiable transaction, means each person who provides, directly or indirectly in any manner whatever, any assistance or advice with respect to creating, developing, planning, organizing or implementing the notifiable transaction, to another person (including any person who enters into the notifiable transaction for the benefit of another person). ( conseiller ) fee , in respect of a notifiable transaction, has the same meaning as in subsection 237.3(1). ( honoraires ) notifiable transaction , at any time, means (a) a transaction that is the same as, or substantially similar to, a transaction that is designated at that time by the Minister under subsection (3); and (b) a transaction in a series of transactions that is the same as, or substantially similar to, a series of transactions that is designated at that time by the Minister under subsection (3). ( opération à signaler ) person  includes a partnership. ( personne ) promoter , in respect of a notifiable transaction, has the same meaning as in subsection 237.3(1). ( promoteur ) tax benefit  has the same meaning as in subsection 245(1). ( avantage fiscal ) tax treatment  has the same meaning as in subsection 237.3(1). ( traitement fiscal ) transaction  has the same meaning as in subsection 245(1). ( opération ) Interpretation – substantially similar (2) For the purposes of the definition notifiable transaction in subsection (1), the term “substantially similar” (a) includes any transaction, or series of transactions, in respect of which a person is expected to obtain the same or similar types of tax consequences (as defined in subsection 245(1)) and that is either factually similar or based on the same or similar tax strategy; and (b) is to be interpreted broadly in favour of disclosure. Designation of notifiable transactions (3) The Minister may designate for the purposes of this section, with the concurrence of the Minister of Finance, in such manner as the Minister considers appropriate, transactions or series of transactions. Requirement to file return (4) An information return in prescribed form and containing prescribed information in respect of a notifiable transaction must be filed with the Minister by (a) every person for whom a tax benefit results, or for whom a tax benefit is expected to result based on the person’s tax treatment of the notifiable transaction, from (i) the notifiable transaction, (ii) any other notifiable transaction that is part of a series of transactions that includes the notifiable transaction, or (iii) a series of transactions that includes the notifiable transaction; (b) every person who has entered into, for the benefit of a person described in paragraph (a), the notifiable transaction; (c) every advisor or promoter in respect of the notifiable transaction; and (d) every person who is not dealing at arm’s length with an advisor or promoter described in paragraph (c) and who is or was entitled, either immediately or in the future and either absolutely or contingently, to a fee in respect of the notifiable transaction. Application (5) For the purpose of subsection (4), if any particular person that is an employer or a partnership is required to file an information return in respect of a notifiable transaction under paragraph (4)(c) or (d), the filing of an information return required under those paragraphs by the particular person in respect of the notifiable transaction in prescribed form and manner is deemed to have been made by each employee or partner of the particular person in respect of the particular transaction. Due diligence (6) Paragraphs (4)(a) and (b) do not apply to a person in respect of a notifiable transaction if the person has exercised the degree of care, diligence and skill in determining whether the transaction is a notifiable transaction that a reasonably prudent person would have exercised in comparable circumstances. Reasonable expectation to know (7) Paragraphs (4)(c) and (d) do not apply to a person in respect of a notifiable transaction unless the person knows or should reasonably be expected to know that the transaction was a notifiable transaction. Clerical or secretarial services (8) For greater certainty, subsection (4) does not apply to a person solely because the person provided clerical services or secretarial services with respect to the notifiable transaction. Time for filing return (9) An information return required under subsection (4) to be filed with the Minister for a notifiable transaction must be filed by (a) a person described in paragraph (4)(a) or (b) on or before the particular day that is 90 days after the earliest of (i) the day on which the person becomes contractually obligated to enter into the notifiable transaction, (ii) the day on which the person enters into the notifiable transaction, and (iii) if the person is described in paragraph (4)(a) and a person described in paragraph (4)(b) enters into the notifiable transaction for the benefit of the person described in paragraph (4)(a), the day on which the notifiable transaction is entered into; and (b) a person described in paragraph (4)(c) or (d) no later than the earliest particular day described in paragraph (a) for a person described in paragraph (4)(a) or (b) in respect of the notifiable transaction. Clarification of reporting transactions in series (10) For greater certainty, if subsection (4) applies to a person in respect of each transaction that is part of a series of transactions that includes a notifiable transaction, the filing of the information return by the person that reports each transaction in the series is deemed to satisfy the obligation of the person under subsection (4) in respect of each transaction so reported. Assessments (11) Notwithstanding subsections 152(4) to (5), the Minister may make any assessments, determinations and redeterminations that are necessary to give effect to subsection (12). Penalty (12) Every person who fails to file an information return in respect of a notifiable transaction as required under subsection (4) on or before the particular day required under subsection (9) is liable to a penalty equal to (a) if the person is described in paragraph (4)(a) or (b), (i) if the person is a corporation and the carrying value of the corporation’s assets is greater than or equal to $50 million for its last taxation year that ends prior to the day on which the information return is required to be filed under subsection (4), $2,000 multiplied by the number of weeks during which the failure continues, to a maximum amount equal to the greater of (A) $100,000, and (B) 25% of the amount of the tax benefit in respect of the notifiable transaction, and (ii) in any other case, $500 multiplied by the number of weeks during which the failure continues, to a maximum amount equal to the greater of (A) $25,000, and (B) 25% of the amount of the tax benefit in respect of the notifiable transaction; and (b) if the person is described in paragraph (4)(c) or (d), the total of (i) the amount of the fees charged by that person in respect of the notifiable transaction, (ii) $10,000, and (iii) $1,000 multiplied by the number of days during which the failure continues, up to a maximum of $100,000. Penalty – deeming rule (13) If a person described in both paragraphs (4)(b) and (d) is liable to a penalty under subsection (12) in respect of a notifiable transaction, the amount of the penalty is deemed to be equal to the greater of the amounts determined under paragraphs (12)(a) and (b). Penalty – non-application (14) For greater certainty, if any person is deemed to have filed an information return in prescribed form and manner in respect of a particular notifiable transaction under subsection (5), that person is not liable to a penalty under subsection (12) in respect of the particular transaction. Carrying value (15) For the purpose of subparagraph (12)(a)(i), the carrying value of the assets of a corporation is to be determined in accordance with paragraphs 181(3)(a) and (b). Return – not an admission (16) The filing of an information return under this section by a person in respect of a notifiable transaction is not an admission by the person that any transaction is part of a series of transactions. Application of sections 231 to 231.3 (17) Without restricting the generality of sections 231 to 231.3, even if a return of income has not been filed by a taxpayer under section 150 for a taxation year of the taxpayer in which a transaction occurs that is relevant to the tax benefit referred to in paragraph (4)(a) that results (or is expected to result) from a notifiable transaction, sections 231 to 231.3 apply, with such modifications as the circumstances require, for the purpose of permitting the Minister to verify or ascertain any information in respect of the notifiable transaction. Solicitor-client privilege (18) For greater certainty, this section does not require the disclosure of information if it is reasonable to believe that the information is subject to solicitor-client privilege. (2) Subsection (1) applies with respect to notifiable transactions entered into after this Act receives royal assent. 70 (1) The Act is amended by adding the following after section 237.4: Definitions 237.5 (1) The following definitions apply in this section. consolidated financial statements  has the same meaning as in subsection 233.8(1). ( états financiers consolidés ) person  includes a partnership. ( personne ) relevant financial statements  of a corporation for a taxation year, means audited financial statements that are prepared (a) in respect of (i) the corporation, or (ii) a group, of which the corporation is a member, of two or more persons required to prepare consolidated financial statements for financial reporting purposes under applicable accounting principles; (b) in accordance with (i) International Financial Reporting Standards, or (ii) other country-specific generally accepted accounting principles (such as U.S. generally accepted accounting principles) relevant for corporations that are listed on a stock exchange outside Canada; and (c) for a period of time that ends in the taxation year. ( états financiers de référence ) reportable uncertain tax treatment , of a corporation for a taxation year, means a tax treatment of the corporation in respect of which uncertainty is reflected in relevant financial statements of the corporation for the year. ( traitement fiscal incertain à déclarer ) reporting corporation , for a taxation year, means a corporation if (a) the corporation has relevant financial statements for the year; (b) the carrying value of the corporation’s assets is greater than or equal to $50 million at the end of the year; and (c) the corporation is required to file a return of income for the year under section 150. ( société déclarante ) tax treatment , of a corporation, means a treatment in respect of a transaction, or series of transactions, that the corporation uses, or plans to use, in a return of income or an information return (or would use in a return of income or an information return if a return of income or an information return were filed) and includes the corporation’s decision not to include a particular amount in a return of income or an information return. ( traitement fiscal ) transaction  has the same meaning as in subsection 245(1). ( opération ) Filing requirement (2) Every reporting corporation for a taxation year that has one or more reportable uncertain tax treatments for the year must file with the Minister an information return in prescribed form and containing prescribed information in respect of each reportable uncertain tax treatment of the corporation for the year. Filing requirement – deadline (3) An information return required under subsection (2) to be filed by a corporation for a taxation year must be filed with the Minister on or before the corporation’s filing-due date for the year. Assessments (4) Notwithstanding subsections 152(4) to (5), the Minister may make any assessments, determinations and redeterminations that are necessary to give effect to subsection (5). Penalty (5) Every corporation that fails to report a reportable uncertain tax treatment on an information return as required under subsection (2) on or before the day required under subsection (3) is liable to a penalty, for each such failure to report, equal to $2,000 multiplied by the number of weeks during which the failure continues, up to a maximum of $100,000. Due diligence (6) A corporation required to file an information return in respect of a reportable uncertain tax treatment is not liable for a penalty under subsection (5) if the corporation has exercised the degree of care, diligence and skill to prevent the failure to file that a reasonably prudent person would have exercised in comparable circumstances. Return – not an admission (7) The filing of an information return in respect of a reportable uncertain tax treatment as required under subsection (2) by a corporation is not an admission by the corporation that (a) the tax treatment is not in accordance with this Act or the regulations; or (b) any transaction is part of a series of transactions. Application of sections 231 to 231.3 (8) Without restricting the generality of sections 231 to 231.3, if a corporation is required to file an information return under subsection (2) in respect of a reportable uncertain tax treatment of the corporation for a taxation year, even if a return of income has not been filed by the corporation under section 150 for the year, sections 231 to 231.3 apply, with such modifications as the circumstances require, for the purpose of permitting the Minister to verify or ascertain any information in respect of the reportable uncertain tax treatment including, for greater certainty, any information relating to any transaction, or series of transactions, to which the reportable uncertain tax treatment relates. Carrying value (9) For the purposes of the definition reporting corporation in subsection (1), the carrying value of the assets of a corporation is to be determined in accordance with paragraphs 181(3)(a) and (b). (2) Subsection (1) applies to taxation years that begin after 2022, except that subsection 237.5(5) of the Act, as enacted by subsection (1), does not apply to taxation years that begin before this Act receives royal assent. 71 Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (xx): (xx.1) to an official of (A) the Department of Employment and Social Development or the Department of Health, solely for the purpose of the administration or enforcement of the Canadian Dental Care Plan established under the authority of the Department of Health Act in respect of dental service for individuals, or (B) the Department of Health solely for the purpose of the formulation or evaluation of policy for that plan, 72 Subsection 244(14.1) of the Act is replaced by the following: Date when electronic notice sent (14.1) If a notice or other communication in respect of an individual, other than a notice or other communication that refers to the business number of a person or partnership, is made available in electronic format such that it can be read or perceived by an individual or a computer system or other similar device, the notice or other communication is presumed to be sent to the individual and received by the individual on the date that an electronic message is sent, to the electronic address most recently provided by the individual to the Minister for the purposes of this subsection, informing the individual that a notice or other communication requiring the individual’s immediate attention is available in the individual’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the individual’s secure electronic account and the individual has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date when electronic notice sent — My Business Account (14.2) A notice or other communication that is made available in electronic format such that it can be read or perceived by an individual or a computer system or other similar device, and that refers to the business number of a person or partnership, is presumed to be sent to the person or partnership and received by the person or partnership on the date that it is posted by the Minister in the secure electronic account in respect of a business number of the person or partnership, unless the person or partnership has requested, 30 days prior to that date, in a manner specified by the Minister, that the notice or other communication be sent by mail. 73 (1) The definitions small business bond and small business development bond in subsection 248(1) of the Act are repealed. (2) Paragraph (c) of the definition dividend rental arrangement in subsection 248(1) of the Act is replaced by the following: (b.1) any specified hedging transaction, in respect of a DRA share of the person, (c) any synthetic equity arrangement (other than a specified hedging transaction), in respect of a DRA share of the person, and (3) Subparagraph (i.1)(ii) of the definition term preferred share in subsection 248(1) of the Act is replaced by the following: (ii) it may reasonably be considered that the share was issued or acquired as part of a transaction or event or series of transactions or events one of the main purposes of which was to avoid or limit the application of subsection 112(2.1), 138(6) or 258(3), (4) Subparagraph (j)(ii) of the definition term preferred share in subsection 248(1) of the Act is replaced by the following: (ii) one of the main purposes for the issue of the particular share or for the modification of its terms or conditions was to avoid a limitation provided by subsection 112(2.1) or 138(6) in respect of a deduction or to avoid or limit the application of subsection 258(3), (5) Subsection 248(1) of the Act is amended by adding the following in alphabetical order: specified hedging transaction , in respect of a DRA share of a person or partnership (referred to in this definition as the “particular person”), means a transaction (in this definition, as defined in subsection 245(1)) or series of transactions that satisfies the following conditions: (a) it is entered into by (i) the particular person if the particular person is a registered securities dealer or a partnership each member of which is a registered securities dealer, or (ii) a registered securities dealer or a partnership each member of which is a registered securities dealer (in either case, referred to in this definition as the “connected dealer”), if the connected dealer does not deal at arm’s length with, or is affiliated with, the particular person, (b) it has the effect, or would have the effect if the transaction or series were entered into by the particular person, of eliminating all or substantially all of the particular person’s risk of loss and opportunity for gain or profit in respect of the DRA share, determined without regard to any other transaction or series entered into in respect of the DRA share, (c) if paragraph 260(6)(a) were read without reference to subsection 260(6.2), an amount in respect of the transaction or series would be deductible by the particular person or the connected dealer under paragraph 260(6)(a), and (d) if the transaction or series is entered into by the connected dealer, it can reasonably be considered that the particular person or connected dealer knew or ought to have known that the effect described in paragraph (b) would result; ( opération de couverture déterminée ) (6) Subsections (2) and (5) apply in respect of dividends that are paid or become payable on or after April 7, 2022. However, subsections (2) and (5) do not apply in respect of dividends paid or payable before October 2022, if the specified hedging transaction was entered into before April 7, 2022. (7) Subsections (3) and (4) apply in respect of amounts received on or after August 9, 2022. 74 The portion of subsection 249.1(1) of the French version of the Act before paragraph (a) is replaced by the following: Définition de exercice 249.1 (1) Pour l’application de la présente loi, l’ exercice d’une entreprise ou d’un bien d’une personne ou d’une société de personnes s’entend de la période pour laquelle les comptes correspondants de la personne ou de la société de personnes sont arrêtés pour l’établissement d’une cotisation en vertu de la présente loi. L’exercice ne peut toutefois se prolonger : 75 (1) The definitions attribute trading restriction and specified provision in subsection 256.1(1) of the Act are replaced by the following: attribute trading restriction  means a restriction on the use of a tax attribute arising on the application, either alone or in combination with other provisions, of any of this section, subsections 10(10) and 13(24), section 37, subsections 66(11.4) and (11.5), 66.7(10) and (11), 69(11) and 88(1.1) and (1.2), sections 111 and 127, subsections 181.1(7), 190.1(6) and 249(4), section 251.2 and subsection 256(7). ( restriction au commerce d’attributs ) specified provision  means any of subsections 10(10) and 13(24), paragraph 37(1)(h), subsections 66(11.4) and (11.5), 66.7(10) and (11), 69(11) and 111(4) to (5.3), paragraphs (j) and (k) of the definition investment tax credit in subsection 127(9), subsections 181.1(7) and 190.1(6), section 251.2 and any provision of similar effect. ( dispositions déterminées ) (2) Subsection 256.1(6) of the Act is replaced by the following: Deemed acquisition of control (6) If, at any time as part of a transaction or event or series of transactions or events, control of a particular corporation is acquired by a person or group of persons and it can reasonably be concluded that one of the main reasons for the transaction or event or any transaction or event in the series of transactions or events is so that a specified provision does not apply to one or more corporations, the attribute trading restrictions are deemed to apply to each of those corporations as if control of each of those corporations were acquired at that time. (3) Subsections (1) and (2) are deemed to have come into force on August 9, 2022. 76 (1) Paragraph 260(6)(a) of the Act is replaced by the following: (a) if the taxpayer is a registered securities dealer and the particular amount is deemed by subsection (5.1) to have been received as a taxable dividend, no more than 2/3 of the particular amount (unless, for greater certainty, the particular amount is an amount for which a deduction in computing income may be claimed under subsection (6.1) or (6.2) by the taxpayer); or (2) Section 260 of the Act is amended by adding the following after subsection (6.1): Deductible amount for registered securities dealer (6.2) If a registered securities dealer enters into a specified hedging transaction in respect of a DRA share of the registered securities dealer or a person that does not deal at arm’s length with, or is affiliated with, the registered securities dealer, there may be deducted in computing the income of the registered securities dealer under Part I from a business or property for a taxation year an amount (other than any portion of the amount for which a deduction in computing income may be claimed under subsection (6.1) by the registered securities dealer) equal to the lesser of (a) the total of all amounts each of which is an amount that the registered securities dealer becomes obligated in the taxation year to pay to another person as compensation for a dividend under the specified hedging transaction that, if paid, would be deemed by subsection (5.1) to have been received by another person as a taxable dividend, and (b) the amount of the dividends that were received in respect of the DRA share by the registered securities dealer or the person that does not deal at arm’s length with, or is affiliated with, the registered securities dealer (as the case may be, referred to as the “dividend recipient” in this paragraph) and that were identified in the dividend recipient’s return of income under Part I for the year as an amount in respect of which no amount was deductible because of subsection 112(2.3) in computing the dividend recipient’s taxable income or taxable income earned in Canada. (3) The portion of subsection 260(7) of the Act before paragraph (a) is replaced by the following: Dividend refund (7) For the purpose of section 129, if a corporation pays an amount for which no deduction in computing the corporation’s income may be claimed under subsection (6.1) or (6.2) and subsection (5.1) deems the amount to have been received by another person as a taxable dividend, (4) Paragraphs 260(11)(b) and (c) of the Act are replaced by the following: (b) for the purpose of applying paragraphs (6.1)(a) and (6.2)(a) in respect of the taxation year, to become obligated to pay its specified proportion, for each fiscal period of the partnership that ends in the taxation year, of the amount the partnership becomes, in that fiscal period, obligated to pay to another person under the arrangement described in that paragraph; and (c) for the purpose of applying section 129 in respect of the taxation year, to have paid (i) if the partnership is not a registered securities dealer, the corporation’s specified proportion, for each fiscal period of the partnership that ends in the taxation year, of each amount paid by the partnership (other than an amount for which a deduction in computing income may be claimed under subsection (6.1) or (6.2) by the corporation), and (ii) if the partnership is a registered securities dealer, 1/3 of the corporation’s specified proportion, for each fiscal period of the partnership that ends in the taxation year, of each amount paid by the partnership (other than an amount for which a deduction in computing income may be claimed under subsection (6.1) or (6.2) by the corporation). (5) Subsections (1) to (4) apply in respect of amounts paid or credited on or after April 7, 2022. 77 (1) The definition qualifying currency in subsection 261(1) of the Act is amended by adding the following after paragraph (c): (c.1) the currency of Japan; (2) Subparagraph 261(18)(c)(i) of the Act is replaced by the following: (i) is, or would in the absence of subsections (16) and (17) be, in a functional currency year of the transferor or the transferee and the transferor and the transferee have, or would in the absence of those subsections have, different tax reporting currencies at the transfer time, or (3) Paragraphs 261(20)(a) to (c) of the Act are replaced by the following: (a) the specified transaction was entered into, directly or indirectly, at any time by the taxpayer and a person (referred to in this subsection as the “related person”) to which the taxpayer is at that time related; (b) the taxpayer and the related person had different tax reporting currencies at any time during the period (referred to in this subsection as the “accrual period”) in which the income, gain or loss accrued; and (c) it would, in the absence of this subsection and subsection (21), be reasonable to consider that a fluctuation at any time in the accrual period in the value of the taxpayer’s tax reporting currency relative to the value of the related person’s tax reporting currency (i) increased the taxpayer’s loss in respect of the specified transaction, (ii) reduced the taxpayer’s income or gain in respect of the specified transaction, or (iii) caused the taxpayer to have a loss, instead of income or a gain, in respect of the specified transaction. (4) Subsection (1) applies to taxation years that begin after 2019. (5) Subsection (2) applies in respect of transfers of property that occur on or after August 9, 2022. (6) Subsection (3) applies in respect of accrual periods (within the meaning assigned by subsection 261(20) of the Act) that begin on or after August 9, 2022. 78 (1) The Act is amended by adding the following after Part XIX: Part XX Reporting Rules for Digital Platform Operators Definitions 282 (1) The following definitions apply in this Part. active seller  means a seller that either provides relevant services or sells goods during the reportable period or is paid or credited consideration in connection with relevant activities during the reportable period. ( vendeur actif ) consideration  means compensation in any form that is paid or credited to a seller in connection with relevant activities, the amount of which is known or reasonably knowable by the platform operator. ( rémunération ) entity  has the same meaning as in subsection 270(1).  ( entité ) excluded platform operator  means a platform operator that demonstrates to the satisfaction of the Minister that the platform’s entire business model is such that it does not (a) allow sellers to derive a profit from the consideration; or (b) have reportable sellers. ( opérateur de platforme exclu ) excluded seller  means a seller (a) that is an entity for which the platform operator facilitated more than 2,000 relevant services for the rental of immovable property in respect of a property listing during the reportable period; (b) that is a governmental entity (as defined in subsection 270(1)); (c) that is an entity the stock of which is regularly traded on an established securities market (as defined in subsection 270(1)) or a related entity (as defined in subsection 270(1)) of an entity the stock of which is regularly traded on an established securities market; or (d) for which the platform operator solely facilitated less than 30 relevant activities for the sale of goods and for which the total amount of consideration paid or credited did not exceed $2,800 during the reportable period. ( vendeur exclu ) fiat currency  means a currency that is used by a country and is designated as legal tender in that country. ( monnaie fiduciaire ) financial account identifier  means the unique identifying number or reference, available to the platform operator, of the bank account or other payment account to which consideration is paid or credited. ( identifiant de compte financier ) goods  means any tangible property or, for civil law, any corporeal property. ( bien ) government verification service  means an electronic process made available by a reportable jurisdiction to a platform operator for the purposes of ascertaining the identity and residence of a seller. ( service public de vérification ) immovable property  means real or immovable property. ( biens immobiliers ) partner jurisdiction  means each jurisdiction identified as a partner jurisdiction by the Minister on the Internet website of the Canada Revenue Agency or by any other means that the Minister considers appropriate. ( juridiction partenaire ) personal service  means a service involving time- or task-based work performed by one or more individuals at the request of a user, unless such work is purely ancillary to the overall transaction, but does not include a service provided by a seller pursuant to an employment relationship with the platform operator or a related entity (as defined in subsection 270(1)) of the platform operator.  ( service personnel ) platform  means a software, including a website or a part of it and applications, including mobile applications, accessible by users and allowing sellers to be connected to other users for the provision of relevant services or the sale of goods, directly or indirectly, to such users (including the collection and payment of consideration in respect of relevant activities), but does not include, in the provision of relevant services or the sale of goods, software exclusively allowing without any further intervention (a) the processing of payments in relation to relevant activities; (b) listing or advertising in relation to relevant activities; or (c) redirecting or transferring of users to a platform. ( plateforme ) platform operator  means an entity that contracts with sellers to make available all or part of a platform to such sellers.  ( opérateur de plateforme ) primary address  means (a) in respect of a seller that is an individual (other than a trust), the address of the seller’s principal place of residence; and (b) in respect of a seller that is an entity, the address of the seller’s registered office. ( adresse principale ) property listing  includes all immovable property units located at the same street address and offered for rent on a platform by the same seller.  ( lot ) relevant activity  means (a) a relevant service; or (b) the sale of goods for consideration. ( activité visée ) relevant service  means, if provided for consideration: (a) the rental of real or immovable property; (b) a personal service; (c) the rental of a means of transport; or (d) a prescribed service. ( service visé ) reportable jurisdiction  means (a) for a reporting platform operator described in paragraph (a) of the definition reporting platform operator , Canada and any partner jurisdiction; and (b) in any other case, Canada. ( juridiction soumise à déclaration ) reportable period  means a calendar year during which a platform operator is a reporting platform operator. ( période de déclaration ) reportable seller  means an active seller, other than an excluded seller, that is determined by the platform operator based on the due diligence procedures set out in sections 283 to 287 to (a) be resident in a reportable jurisdiction; (b) have provided relevant services for the rental of immovable property located in a reportable jurisdiction; or (c) have been paid or credited consideration in connection with relevant services for the rental of immovable property located in a reportable jurisdiction. ( vendeur soumis à déclaration ) reporting platform operator  means a platform operator, other than an excluded platform operator, if  (a) it is resident in Canada; (b) it is resident, incorporated or managed in a partner jurisdiction, facilitates the provision of relevant activities by sellers resident in Canada or with respect to rental of immovable property located in Canada and elects to be a reporting platform operator; or (c) it is not resident in Canada or a partner jurisdiction and it facilitates the provision of relevant activities by sellers resident in Canada or with respect to rental of immovable property located in Canada. ( opérateur de plateforme soumis à déclaration ) seller  means a platform user that is registered at any time during the reportable period on the platform for the provision of a relevant service or the sale of goods.  ( vendeur ) TIN  means  (a) the number used by the Minister to identify an individual or entity, including (i) a social insurance number, (ii) a business number, and (iii) an account number issued to a trust; and (b) in respect of a jurisdiction other than Canada, a taxpayer identification number, including a VAT/GST registration number issued by the jurisdiction of the primary address of the seller, or a functional equivalent in the absence of a taxpayer identification number. ( NIF ) Interpretation (2) This Part relates to the implementation of the Model Rules set out in the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy approved by the Council of the Organisation for Economic Co-operation and Development and, unless the context otherwise requires, the provisions in this Part are to be interpreted consistently with the Model Rules, as amended from time to time. Excluded seller 283 (1) For the purpose of determining whether a seller is an excluded seller under paragraph (a) or (d) of that definition in subsection 282(1), a reporting platform operator may rely on its available records. Excluded seller – entity (2) For the purpose of determining whether a seller that is an entity is an excluded seller under paragraph (b) or (c) of that definition in subsection 282(1), a reporting platform operator may rely on publicly available information or a confirmation from the seller. Seller information – individual 284 (1) The reporting platform operator must collect the following information for each seller that is an individual (other than a trust) and that is not an excluded seller (a) the first and last name of the individual; (b) the primary address of the individual; (c) the TIN issued to the individual, including the jurisdiction of issuance; and (d) the date of birth of the individual. Seller information – entity (2) The reporting platform operator must collect the following information for each seller (other than a seller described in subsection (1)) that is not an excluded seller (a) the legal name of the entity; (b) the primary address of the entity; (c) the TIN issued to the entity, including the jurisdiction of issuance; and (d) the business registration number of the entity. Government verification services (3) Notwithstanding subsections (1) and (2), the reporting platform operator is not required to collect information pursuant to paragraphs (1)(b) to (d) or (2)(b) to (d) in respect of a seller where the reporting platform operator relies on a government verification service to ascertain the identity and residence of the seller. TIN collection (4) Notwithstanding paragraphs (1)(c) and (2)(c) and (d), the TIN or the business registration number, respectively, are not required to be collected if (a) the jurisdiction of residence of the seller does not issue a TIN or business registration number to the seller; or (b) the jurisdiction of residence of the seller does not require the collection of the TIN issued to such seller. Verification of seller information 285 (1) The reporting platform operator must determine whether the information collected under subsection 283(2) and sections 284 and 287 is reliable, using all records available to the reporting platform operator, as well as any publicly available electronic interface to ascertain the validity of the TIN. Due diligence (2) Notwithstanding subsection (1), for the completion of the due diligence procedures pursuant to subsection 288(2), the reporting platform operator may determine whether the information collected pursuant to subsection 283(2) and sections 284 and 287 is reliable using electronically searchable records available to the reporting platform operator. Verifying accuracy (3) For the purpose of paragraph 288(3)(b), despite subsections (1) and (2), in instances where the reporting platform operator has reason to know that any of the information items described in section 284 or 287 may be inaccurate by virtue of information provided by the Minister, it must verify such information item using reliable, independent-source documents, data or information. Residence 286 (1) A reporting platform operator must consider a seller resident in the jurisdiction of the seller’s primary address. Government verification service (2) Notwithstanding subsection (1), a reporting platform operator must consider a seller resident in each jurisdiction confirmed by a government verification service pursuant to subsection 284(3). Rented immovable property 287 Where a seller provides relevant services for the rental of immovable property, the reporting platform operator must collect the address of each property listing. Due diligence 288 (1) A reporting platform operator must complete the due diligence procedures set out in sections 283 to 287 by December 31 of the reportable period. Previously registered accounts (2) Despite subsection (1), the due diligence procedures set out in sections 283 to 287 are required to be completed by December 31 of the second reportable period of the reporting platform operator, for sellers that are already registered on the platform (a) as of January 1, 2024; or (b) as of the date on which an entity becomes a reporting platform operator. Previous due diligence (3) Notwithstanding subsection (1), a reporting platform operator may rely on the due diligence procedures conducted in respect of previous reportable periods, provided (a) the primary address of the seller has been either collected and verified or confirmed within the last 36 months; and (b) the reporting platform operator does not have reason to know that the information collected pursuant to sections 283, 284 and 287 is or has become unreliable or incorrect. Active sellers 289 A reporting platform operator may elect to complete the due diligence procedures under sections 283 to 288 in respect of active sellers only. Due diligence by third parties 290 (1) A reporting platform operator may rely on a third-party service provider to fulfil the due diligence obligations under sections 291 and 292, but such obligations remain the responsibility of the reporting platform operator. Partner jurisdiction (2) When a platform operator fulfils the due diligence obligations for a reporting platform operator with respect to the same platform under subsection (1), such platform operator may carry out the due diligence procedures pursuant to substantially similar rules in its partner jurisdiction. Reporting to Minister 291 (1) A reporting platform operator must report to the Minister the information set out in section 292 with respect to the reportable period no later than January 31 of the year following the calendar year in which the seller is identified as a reportable seller. Reporting to seller (2) A reporting platform operator must provide the information set out under section 292 to the reportable seller to which it relates no later than January 31 of the year following the calendar year in which the seller is identified as a reportable seller. Reporting not required (3) Notwithstanding subsections (1) and (2), the information in relation to a reportable seller is neither required to be reported to the Minister nor to be made available to the reportable seller in circumstances where the reporting platform operator has obtained adequate assurances that another platform operator has or will fulfil the reporting obligations under this section and section 292 (a) with respect to the reportable seller pursuant to the rules in Canada; or (b) with respect to the reportable seller, other than a reportable seller resident in Canada, under substantially similar rules in a partner jurisdiction. Reporting (4) A reporting platform operator required to report information under this section shall report the information in prescribed form. Electronic filing (5) Information required to be reported under this section shall be filed by way of electronic filing. Currency (6) The information with respect to the consideration paid or credited in a fiat currency must be reported in the currency in which it was paid or credited. In case the consideration was paid or credited in a form other than fiat currency, it should be reported in the local currency of Canada, converted or valued in a manner that is determined consistently by the reporting platform operator. Reporting in respect of quarter (7) The information with respect to the consideration and other amounts must be reported in respect of the quarter in which the consideration was paid or credited. Information reported 292 Each reporting platform operator must report the following information: (a) the name, registered office address and TIN of the reporting platform operator, as well as any business names of any platforms in respect of which the reporting platform operator is reporting; (b) with respect to each reportable seller that provided relevant services (other than immovable property rental), rented out a means of transportation or sold goods, (i) the items required to be collected pursuant to section 284, (ii) any other TIN, including the jurisdiction of issuance, available to the reporting platform operator, (iii) any financial account identifiers, insofar as they are available to the reporting platform operator and the jurisdiction of the reportable seller’s residence is specified by the Minister, (iv) if different from the name of the reportable seller, the name of the holder of the financial account to which the consideration is paid or credited, to the extent available to the reporting platform operator, as well as any other identifying information available to the reporting platform operator with respect to that account holder, (v) each jurisdiction in which the reportable seller is resident on the basis of the procedures set out in section 286, (vi) the total consideration paid or credited during each quarter of the reportable period and the number of such relevant activities in respect of which it was paid or credited, and (vii) any fees, commissions or taxes withheld or charged by the reporting platform operator during each quarter of the reportable period; and (c) with respect to each reportable seller that provided relevant services for the rental of immovable property, (i) the items required to be collected pursuant to section 284, (ii) any other TIN, including the jurisdiction of issuance, available to the reporting platform operator, (iii) any financial account identifiers, insofar as they are available to the reporting platform operator and either the jurisdiction of residence of the reportable seller or the jurisdiction in which the immovable property is located is specified by the Minister, (iv) if different from the name of the reportable seller, the name of the holder of the financial account to which the consideration is paid or credited, to the extent available to the reporting platform operator, as well as any other identifying information available to the reporting platform operator with respect to the account holder, (v) each jurisdiction in which the reportable seller is resident on the basis of the procedures set out in section 286, (vi) the address of each property listing, determined on the basis of the procedures set out in section 287, and, if available, the land registration number, (vii) the total consideration paid or credited during each quarter of the reportable period and the number of such relevant services provided with respect to each property listing in respect of which it was paid or credited, (viii) any fees, commissions or taxes withheld or charged by the reporting platform operator during each quarter of the reportable period, and (ix) if available, the number of days each property listing was rented during the reportable period and the type of each property listing. Production of TIN 293 (1) Every reportable seller shall provide their TIN at the request of a reporting platform operator that is required under this Part to make an information return requiring the TIN. Confidentiality of TIN (2) A reporting platform operator required to make an information return referred to in subsection (1) shall not knowingly use, communicate or allow to be communicated, otherwise than as required or authorized under this Act or a regulation, the TIN without the written consent of the reportable seller. Penalty for failure to provide TIN (3) Every reportable seller who fails to provide on request their TIN to a reporting platform operator that is required under this Part to make an information return requiring the TIN is liable to a penalty of $500 for each such failure, unless (a) an application for the assignment of the TIN is made to the relevant reportable jurisdiction not later than 90 days after the request was made and the TIN is provided to the reporting platform operator that requested it within 15 days after the reportable seller received it; or (b) the reportable seller is not eligible to obtain a TIN from the relevant reportable jurisdiction (including because the relevant reportable jurisdiction does not issue TINs). Assessment (4) The Minister may at any time assess any amount payable under subsection (3) by a reportable seller and, if the Minister sends a notice of assessment to the reportable seller, sections 150 to 163, subsections 164(1) and (1.4) to (7), sections 165 to 167 and Division J of Part I apply with such modifications as the circumstances require. Record keeping 294 (1) Every reporting platform operator shall keep, at its place of business or at such other place as may be designated by the Minister, records that it obtains or creates for the purpose of complying with this Part, including records of documentary evidence. Form of records (2) Every reporting platform operator required by this Part to keep records that does so electronically shall retain them in an electronically readable format for the retention period referred to in subsection (3). Retention of records (3) Every reporting platform operator that is required to keep, obtain or create records under this Part shall retain those records for a period of at least six years following the end of the last calendar year in respect of which the record is relevant. Anti-avoidance 295 If a person enters into an arrangement or engages in a practice, the primary purpose of which can reasonably be considered to be to avoid an obligation under this Part, the person is subject to the obligation as if the person had not entered into the arrangement or engaged in the practice. (2) Subsection (1) comes into force on January 1, 2024. 79 (1) The schedule to the Act is amended by replacing “Ford Credit Canada Limited” with “Ford Credit Canada Company/Compagnie Crédit Ford du Canada”. (2) Subsection (1) is deemed to have come into force on January 9, 2017. R.S., c. E- 15 Excise Tax Act 80 Subsection 106.1(3.1) of the Excise Tax Act is replaced by the following: Date electronic notice sent (3.1) For the purposes of this Act, if a notice or other communication in respect of a person, other than a notice or other communication that refers to the business number of a person, is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date electronic notice sent — business account (3.2) For the purposes of this Act, a notice or other communication in respect of a person that is made available in electronic format such that it can be read or perceived by a person or computer system or other similar device and that refers to the business number of a person is presumed to be sent to the person and received by the person on the date that it is posted by the Minister in the secure electronic account in respect of the business number of the person, unless the person has requested, at least 30 days before that date, in a manner specified by the Minister, that such notices or other communications be sent by mail. 81 (1) Section 278 of the Act is amended by adding the following before subsection (1): Definition of electronic payment 278 (0.1) In this section, electronic payment means any payment or remittance to the Receiver General that is made through electronic services offered by a person described in any of paragraphs (3)(a) to (d) or by any electronic means specified by the Minister. (2) The portion of subsection 278(3) of the Act before paragraph (a) is replaced by the following: Electronic payment (3) Every person that is required under this Part to pay or remit an amount to the Receiver General shall, if the amount is $10,000 or more, make the payment or remittance by way of electronic payment, unless the person cannot reasonably pay or remit the amount in that manner, to the account of the Receiver General at or through (3) Subsections (1) and (2) apply in respect of payments and remittances made after 2023. 82 (1) The Act is amended by adding the following after section 280.11: Penalty — electronic payment 280. 12 Every person that fails to comply with subsection 278(3) is liable to a penalty equal to $100 for each such failure. (2) Subsection (1) applies in respect of payments and remittances made after 2023. 83 Paragraph 295(5)(d) of the Act is amended by adding the following after subparagraph (xi): (xi.1) to an official of (A) the Department of Employment and Social Development or the Department of Health, solely for the purpose of the administration or enforcement of the Canadian Dental Care Plan established under the authority of the Department of Health Act in respect of dental service for individuals, or (B) the Department of Health solely for the purpose of the formulation or evaluation of policy for that plan; 84 Subsection 335(10.1) of the Act is replaced by the following: Date electronic notice sent (10.1) For the purposes of this Part, if a notice or other communication in respect of a person, other than a notice or other communication that refers to the business number of a person, is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date electronic notice sent — business account (10.2) For the purposes of this Part, a notice or other communication in respect of a person that is made available in electronic format such that it can be read or perceived by a person or computer system or other similar device and that refers to the business number of a person is presumed to be sent to the person and received by the person on the date that it is posted by the Minister in the secure electronic account in respect of the business number of the person, unless the person has requested, at least 30 days before that date, in a manner specified by the Minister, that such notices or other communications be sent by mail. R.S., c. T- 3 Tax Rebate Discounting Act 85 Paragraphs 4(2)(a) and (b) of the Tax Rebate Discounting Act are replaced by the following: (a) including with the return of income, other than a return of income deemed by subsection 150.1(3) of the Income Tax Act to have been filed for the purposes of section 150 of that Act, a true copy of the statement referred to in subparagraph (1)(b)(i) as provided to the client, and (b) providing to such person and within such period of time as the Minister may specify a true copy of the statement referred to in subparagraph (1)(b)(i) as provided to the client, 2002, c. 9, s. 5 Air Travellers Security Charge Act 86 (1) Section 20 of the Air Travellers Security Charge Act is replaced by the following: Definition of electronic payment 20 (1) In this section, electronic payment means any payment to the Receiver General that is made through electronic services offered by a person described in any of paragraphs (2)(a) to (d) or by any electronic means specified by the Minister. Electronic payment (2) Every person that is required under this Act to pay an amount to the Receiver General shall, if the amount is $10,000 or more, make the payment by way of electronic payment, unless the person cannot reasonably pay the amount in that manner, to the account of the Receiver General at or through (a) a bank; (b) a credit union; (c) a corporation that is authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (d) a corporation that is authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in mortgages on real property or hypothecs on immovables. (2) Subsection (1) applies in respect of payments made after 2023. 87 (1) The Act is amended by adding the following after section 53: Penalty — electronic payment 54 Every person that fails to comply with subsection 20(2) is liable to a penalty equal to $100 for each such failure. (2) Subsection (1) applies in respect of payments made after 2023. 88 Subsection 83(9.1) of the Act is replaced by the following: Date electronic notice sent (9.1) For the purposes of this Act, if a notice or other communication in respect of a person, other than a notice or other communication that refers to the business number of a person, is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date electronic notice sent – business account (9.2) For the purposes of this Act, a notice or other communication in respect of a person that is made available in electronic format such that it can be read or perceived by a person or computer system or other similar device and that refers to the business number of a person is presumed to be sent to the person and received by the person on the date that it is posted by the Minister in the secure electronic account in respect of the business number of the person, unless the person has requested, at least 30 days before that date, in a manner specified by the Minister, that such notices or other communications be sent by mail. 2002, c. 22 Excise Act, 2001 89 (1) Section 163 of the Excise Act, 2001 is replaced by the following: Definition of electronic payment 163 (1) In this section, electronic payment means any payment to the Receiver General that is made through electronic services offered by a person described in any of paragraphs (2)(a) to (e) or by any electronic means specified by the Minister. Electronic payment (2) Every person that is required under this Act to pay any duty, interest or other amount to the Receiver General shall, if the amount is $10,000 or more, make the payment by way of electronic payment, unless the person cannot reasonably pay the amount in that manner, to the account of the Receiver General at or through (a) a bank; (b) an authorized foreign bank , as defined in section 2 of the Bank Act , that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act; (c) a credit union; (d) a corporation that is authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (e) a corporation that is authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in mortgages on real property or hypothecs on immovables. (2) Subsection (1) applies in respect of payments made after 2023. 90 Paragraph 211(6)(e) of the Act is amended by adding the following after subparagraph (xii): (xii.1) to an official of (A) the Department of Employment and Social Development or the Department of Health, solely for the purpose of the administration or enforcement of the Canadian Dental Care Plan established under the authority of the Department of Health Act in respect of dental service for individuals, or (B) the Department of Health solely for the purpose of the formulation or evaluation of policy for that plan; 91 (1) The Act is amended by adding the following after section 251.1: Penalty — electronic payment 251. 11 Every person that fails to comply with subsection 163(2) is liable to a penalty equal to $100 for each such failure. (2) Subsection (1) applies in respect of payments made after 2023. 92 Subsection 301(9.1) of the Act is replaced by the following: Date electronic notice sent (9.1) For the purposes of this Act, if a notice or other communication in respect of a person, other than a notice or other communication that refers to the business number of a person, is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date electronic notice sent — business account (9.2) For the purposes of this Act, a notice or other communication in respect of a person that is made available in electronic format such that it can be read or perceived by a person or computer system or other similar device and that refers to the business number of a person is presumed to be sent to the person and received by the person on the date that it is posted by the Minister in the secure electronic account in respect of the business number of the person, unless the person has requested, at least 30 days before that date, in a manner specified by the Minister, that such notices or other communications be sent by mail. 2018, c. 12, s. 186 Greenhouse Gas Pollution Pricing Act 93 (1) Section 86 of the Greenhouse Gas Pollution Pricing Act is replaced by the following: Definition of electronic payment 86 (1) In this section, electronic payment means any payment to the Receiver General that is made through electronic services offered by a person described in any of paragraphs (2)(a) to (d) or by any electronic means specified by the Minister. Electronic payment (2) Every person that is required under this Part to pay an amount to the Receiver General must, if the amount is $10,000 or more, make the payment by way of electronic payment, unless the person cannot reasonably pay the amount in that manner, to the account of the Receiver General at or through (a) a bank; (b) a credit union; (c) a corporation that is authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (d) a corporation that is authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in indebtedness on the security of mortgages on real property or hypothecs on immovables. (2) Subsection (1) applies in respect of payments made after 2023. 94 (1) The Act is amended by adding the following after section 123: Penalty — electronic payments 123. 1 Every person that fails to comply with subsection 86(2) is liable to a penalty equal to $100 for each such failure. (2) Subsection (1) applies in respect of payments made after 2023. 95 Subsection 164(12) of the Act is replaced by the following: Date electronic notice sent (12) For the purposes of this Part, if a notice or other communication in respect of a person, other than a notice or other communication that refers to the business number of a person, is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date electronic notice sent – business account (12.1) For the purposes of this Part, a notice or other communication in respect of a person that is made available in electronic format such that it can be read or perceived by a person or computer system or other similar device and that refers to the business number of a person is presumed to be sent to the person and received by the person on the date that it is posted by the Minister in the secure electronic account in respect of the business number of the person, unless the person has requested, at least 30 days before that date, in a manner specified by the Minister, that such notices or other communications be sent by mail. C.R.C., c. 945 Income Tax Regulations 96 (1) Subsection 202(6) of the Income Tax Regulations is replaced by the following: (6) A non-resident person, or an authorized foreign bank, that is deemed under subsection 212(13.2) or paragraph 212(13.3)(a) of the Act to be a person resident in Canada for the purposes of Part XIII of the Act, is deemed, in the same circumstances, to be a person resident in Canada for the purposes of subsections (1) and (2). (2) Subsection (1) applies to amounts paid or credited after 2022. 97 (1) Subsection 205(3) of the Regulations is amended by adding the following in alphabetical order: Part XX Information Return – Digital Platform Operators (2) Subsection (1) comes into force on January 1, 2024. 98 (1) The portion of subsection 205.1(1) of the Regulations, before the list of types of prescribed information returns, is replaced by the following: 205.1 (1) For the purpose of subsection 162(7.02) of the Act, the following types of information returns are prescribed and must be filed electronically if more than five information returns of that type are required to be filed for a calendar year: (2) The portion of subsection 205.1(2) of the Regulations before paragraph (a) is replaced by the following: (2) For purposes of subsection 150.1(2.1) of the Act, a prescribed corporation is any corporation except (3) Subsection (1) applies in respect of information returns filed after 2023. (4) Subsection (2) applies to taxation years that begin after 2023. 99 (1) Subsection 209(1) of the Regulations is replaced by the following: 209 (1) A person who is required by section 200, 201, 202, 203, 204, 212, 214 (other than subsection 214(1.1)), 215 (other than subsection 215(2.1)), 217 or 218, subsection 219(2) or 223(2) or section 228, 229, 230, 232, 233 or 234 to make an information return shall forward to each taxpayer to whom the return relates two copies of the portion of the return that relates to that taxpayer. (2) The portion of subsection 209(5) of the Regulations before paragraph (a) is replaced by the following: (5) A person may provide a Statement of Remuneration Paid (T4) information return, a Tuition and Enrolment Certificate, a Statement of Pension, Retirement, Annuity, and Other Income (T4A) information return or a Statement of Investment Income (T5) information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless (3) The portion of subsection 209(5) of the Regulations before paragraph (a) is replaced by the following: (5) A person may provide a Statement of Remuneration Paid (T4) information return, a Tuition and Enrolment Certificate, a FHSA information return, a Statement of Pension, Retirement, Annuity, and Other Income (T4A) information return or a Statement of Investment Income (T5) information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless (4) Subsection (1) applies to the 2023 and subsequent taxation years. (5) Subsection (2) applies in respect of information returns filed after 2021. (6) Subsection (3) is deemed to have come into force on April 1, 2023. 100 (1) Section 214 of the Regulations is amended by adding the following after subsection (1): (1.1) The issuer of a registered retirement savings plan shall make an information return in prescribed form for each calendar year containing the total fair market value of all property held by the plan at the end of the year. (2) Subsection (1) applies to the 2023 and subsequent taxation years. 101 (1) Section 215 of the Regulations is amended by adding the following after subsection (2): (2.1) Every carrier of a registered retirement income fund shall make an information return in prescribed form for each calendar year containing the total fair market value of all property held by the fund at the end of the year. (2) Subsection (1) applies to the 2023 and subsequent taxation years. 102 (1) Paragraph (a) of the definition Canadian equity property in subsection 2400(1) of the Regulations is replaced by the following: (a) a share of the capital stock of, or an income bond or income debenture issued by, a person (other than a corporation affiliated with the taxpayer) resident in Canada or a Canadian partnership; or (2) Paragraph (a) of the definition equity property in subsection 2400(1) of the Regulations is replaced by the following: (a) a share of the capital stock of, or an income bond or income debenture, issued by, another person (other than a corporation affiliated with the taxpayer) or partnership; or 103 (1) Subsection 3900(2) of the Regulations is replaced by the following: (2) For the purpose of paragraph 20(1)(v) of the Act, the amount allowed for a taxation year in respect of taxes on income from mining operations of a taxpayer is the total of all amounts each of which is (a) an eligible tax that is paid or payable by the taxpayer (i) on the income of the taxpayer for the taxation year from mining operations, or (ii) on a non-Crown royalty included in computing the income of the taxpayer for the taxation year; (b) an eligible tax that is paid by the taxpayer in the taxation year on either the income of the taxpayer for a previous taxation year from mining operations or a non-Crown royalty included in computing the income of the taxpayer for a previous taxation year, if (i) the amount was deductible in computing the income of the taxpayer for the previous taxation year, (ii) the amount has not been deducted in computing the income of the taxpayer for a taxation year that is prior to the taxation year, and (iii) an assessment of the taxpayer to take into account a deduction in respect of the eligible tax under the Act for the previous taxation year would be precluded because of subsections 152(4) to (5) of the Act; or (c) interest in respect of eligible tax referred to in paragraph (a) or (b) that is paid in the taxation year by the taxpayer to the province imposing the eligible tax. (2) Subsection (1) applies to taxation years that end after 2007. 104 (1) Subsection 4802(1) of the Regulations is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph: (f.1) the Pension Benefits Guarantee Fund under the Pension Benefits Act , R.S.O. 1990, c. P.8 and any corporation established solely for investing the assets of the Pension Benefits Guarantee Fund; and (2) Section 4802 of the Regulations is amended by adding the following after subsection (1.1): (1.2) For the purposes of paragraph 8502(i.2), if an amount is borrowed (other than an amount described in paragraph (1.1)(c)) at a particular time by a trust described in subsection (1.1) in relation to defined benefit provisions of one or more registered pension plans that are beneficiaries of the trust, each such defined benefit provision is deemed to have borrowed at the particular time an amount that is equal to the following amount: (a) if paragraph (b) does not apply, the amount determined by the formula A × (B ÷ C) where A is the amount borrowed by the trust at the particular time, B is the fair market value at the particular time of the interest of the defined benefit provision in (i) if the borrowing relates to a particular class of units of the trust, that class of units, and (ii) in any other case, the income and capital of the trust, and C is the fair market value at the particular time of all interests of defined benefit provisions in (i) if the borrowing relates to a particular class of units of the trust, that class of units, and (ii) in any other case, the income and capital of the trust; and (b) the portion of the amount borrowed by the trust at the particular time that is allocated to the defined benefit provision under an agreement entered into between the trust and the defined benefit provision, provided that the agreement allocates to the beneficiaries the total amount borrowed by the trust. (1.3) If an amount borrowed by a trust is deemed to have been borrowed by a defined benefit provision under subsection (1.2), the amount is deemed not to have been borrowed by the trust for the purposes of paragraph (1.1)(c). (3) Subsection (1) applies to 2022 and subsequent taxation years. (4) Subsection (2) is deemed to have come into force on April 7, 2022. 105 (1) The portion of paragraph 8301(4)(a) of the Regulations before subparagraph (i) is replaced by the following: (a) a contribution (other than an excluded contribution, a contribution described in paragraph 8308(6)(e) or (g) or a contribution made under subsection 147.1(20) of the Act) made under the provision in the year by (2) Subsection (1) is deemed to have come into force on January 1, 2021. 106 (1) Subsection 8304.1(1) of the Regulations is replaced by the following: 8304.1 (1) For the purpose of subsection 248(1) of the Act, an individual’s total pension adjustment reversal for a calendar year is the total of all amounts each of which is (a) the pension adjustment reversal (in this Part and Part LXXXIV referred to as “PAR”) determined in connection with the individual’s termination in the year from a deferred profit sharing plan or from a benefit provision of a registered pension plan; or (b) the pension adjustment correction determined in respect of the individual for the year under subsection (16). (2) Section 8304.1 of the Regulations is amended by adding the following after subsection (15): Pension Adjustment Correction (16) If a distribution described in subparagraph 8502(d)(iii) or subsection 147.1(19) of the Act is made in a calendar year in respect of an individual under a money purchase provision, the individual’s pension adjustment correction for the year is the total of all amounts each of which is an amount, in respect of one or more of the 10 years immediately preceding the calendar year (each such year referred to in this subsection as a “retroactive year”), determined by the formula A − B − C where A is the total of all amounts each of which was included in determining the individual’s pension credit with respect to an employer for the retroactive year under the provision; B is the total amount that ought to have been contributed to the provision under the terms of the plan as registered with respect to the individual for the retroactive year; and C is the amount, if any, by which the total of all amounts each of which is the individual’s pension adjustment for the retroactive year in respect of a participating employer exceeds the lesser of the money purchase limit for the retroactive year and 18% of the individual’s compensation (as defined in subsection 147.1(1) of the Act) from participating employers for the retroactive year. (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2021. 107 (1) Section 8308 of the Regulations is amended by adding the following after subsection (5.3): Conditions – Permitted Corrective Contribution (5.4) If the individual makes a written commitment to the administrator of the plan or to an employer who participates in the plan to make a permitted corrective contribution in accordance with subsection 147.1(20) of the Act in installments, amounts payable by the individual or the employer in respect of the contribution are deemed for the purposes of subsection 8402(4) and the definition net past service pension adjustment in subsection 146(1) of the Act to have been made at the time when the written commitment was made. (2) Subsection (1) is deemed to have come into force on January 1, 2021. 108 (1) Section 8402 of the Regulations is amended by adding the following after subsection (3): (4) The administrator of a registered pension plan shall file with the Minister an information return in prescribed form within 120 days after a contribution is made to the plan in respect of an individual under subsection 147.1(20) of the Act. (2) Subsection (1) is deemed to have come into force on January 1, 2021. However, in its application to a contribution made before this Act receives royal assent, the administrator of the registered pension plan shall not be required to file the prescribed information return prior to the day that is 60 days after the day on which this Act receives royal assent. 109 (1) Section 8402.01 of the Regulations is amended by adding the following after subsection (4): Pension Adjustment Correction – Employer Reporting (4.1) If a pension adjustment correction under subsection 8304.1(16) is determined for an individual in connection with a distribution from a registered pension plan (other than a pension adjustment correction that is nil), the administrator of the plan shall file with the Minister an information return in prescribed form reporting the pension adjustment correction (a) if the distribution occurs in the first, second or third quarter of a calendar year, on or before the day that is 60 days after the last day of the quarter in which the distribution occurs; and (b) if the distribution occurs in the fourth quarter of a calendar year, before February of the following calendar year. (2) Subsection (1) is deemed to have come into force on January 1, 2021. However, in its application to a distribution that is made before this Act receives royal assent, the administrator of the registered pension plan is not required to file the prescribed information return prior to the day that is 60 days after the day on which this Act receives royal assent. 110 (1) Subparagraph 8502(d)(v) of the Regulations is replaced by the following: (v) a payment of interest (computed at a rate not exceeding a reasonable rate) in respect of contributions that are returned as described in subparagraph (iii) or (iv), (2) The portion of paragraph 8502(i) of the Regulations before subparagraph (i) is replaced by the following: (i) subject to paragraph (i.2), a trustee or other person who holds property in connection with the plan does not borrow money for the purposes of the plan, except where (3) Section 8502 of the Regulations is amended by adding the following after paragraph (i.1): Borrowing – Defined Benefit Provision (i.2) in the case of a defined benefit provision of the plan (other than an individual pension plan), a trustee or other person who holds property in connection with the provision does not borrow money for the purposes of the provision, except in the circumstances described in paragraph (i) or if, at the time an amount is borrowed (i) the difference between A and B in subparagraph (ii) does not exceed 125% of the actuarial liabilities (determined on the effective date of the plan’s most recent actuarial report) in respect of the provision, and (ii) the total of the borrowed amount and the amount of any other outstanding borrowings in respect of the provision (other than an amount described in paragraph (i)) does not exceed the amount determined by the formula 0.20 × (A − B) where A is the value of the plan assets in respect of the provision on the first day of the fiscal period of the plan in which the amount is borrowed, and B is the amount of outstanding borrowings in respect of the provision, determined on the first day of the fiscal period in which the amount is borrowed; (4) Subsection (1) is deemed to have come into force on January 1, 2021. (5) Subsections (2) and (3) are deemed to have come into force on April 7, 2022. 111 (1) Clause 8506(1)(e.2)(iii)(A) of the Regulations is replaced by the following: (A) a benefit described in any of paragraphs (b) to (e) and (i), (2) Subsection (1) is deemed to have come into force on January 1, 2020. SOR/2010- 150 Electronic Filing and Provision of Information (GST/HST) Regulations 112 (1) Paragraph 2(a) of the Electronic Filing and Provision of Information (GST/HST) Regulations is replaced by the following: (a) the person is not a charity; (2) Subsection (1) applies in respect of reporting periods that begin after 2023. Coordinating Amendments Bill C-46 113 (1) Subsections (2) to (4) apply if Bill C-46, introduced in the 1st session of the 44th Parliament and entitled the Cost of Living Relief Act, No. 3 (in this section referred to as the “other Act”), receives royal assent. (2) If section 29 and subsections 49(1) and (2) of this Act come into force before section 3 and subsections 4(1) and (2) of the other Act, then that section 3 and those subsections 4(1) and (2) are deemed never to have come into force and are repealed. (3) If section 3 and subsections 4(1) and (2) of the other Act come into force on the same day as section 29 and subsections 49(1) and (2) of this Act, then that section 3 is deemed never to have come into force and is repealed and those subsections 4(1) and (2) are deemed to have come into force before those subsections 49(1) and (2). (4) If section 3 of the other Act comes into force before section 29 of this Act, then that section 29 is deemed never to have come into force and is repealed. PART 2 GST/HST Measures R.S., c. E- 15 Excise Tax Act 114 (1) The definition commercial service in subsection 123(1) of the Excise Tax 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) a service that is acquired for consumption, use or supply in the course of, or in connection with, the performance of a mining activity (as defined in subsection 188.2(1)) in Canada; ( service commercial ) (2) The definition financial service in subsection 123(1) of the Act is amended by adding the following after paragraph (r.5): (r.6) a service (other than a prescribed service) that is supplied by a payment card network operator in respect of a payment card network (as those terms are defined in section 3 of the Payment Card Networks Act ) where the supply includes the provision of (i) a service in respect of the authorization of a transaction in respect of money, an account, a credit card voucher, a charge card voucher or a financial instrument, (ii) a clearing or settlement service in respect of money, an account, a credit card voucher, a charge card voucher or a financial instrument, or (iii) a service rendered in conjunction with a service referred to in subparagraph (i) or (ii), (3) Paragraph (b) of the definition pension entity in subsection 123(1) of the Act is replaced by the following: (b) a corporation referred to in paragraph (b) of the definition pension plan , or (4) Subsection (1) is deemed to have come into force on February 5, 2022. (5) Subsection (2) applies to a service rendered under an agreement for a supply if (a) any consideration for the supply becomes due after March 28, 2023 or is paid after that day without having become due; or (b) all of the consideration for the supply became due or was paid on or before March 28, 2023, except that, for the purposes of Part IX of the Act, other than Division IV of that Part, subsection (2) does not apply in respect of the service if (i) the supplier did not, on or before March 28, 2023, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply, and (ii) the supplier did not, on or before March 28, 2023, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of any other supply that is made under the agreement and that includes the provision of a service referred to in paragraph (r.6) of the definition financial service in subsection 123(1) of the Act, as amended by subsection (2). (6) Despite section 298 of the Act, the Minister of National Revenue may assess, reassess or make an additional assessment of any amount in respect of paragraph (r.6) of the definition financial service in subsection 123(1) of the Act, as amended by subsection (1), at any time on or before the later of the day that is one year after the day on which the legislation enacting subsection (1) receives royal assent and the last day of the period otherwise allowed under that section for making the assessment, reassessment or additional assessment. 115 (1) Section 172.1 of the Act is amended by adding the following after subsection (8): Later addition to net tax of employer (8.01) If, in making an assessment of the net tax for a reporting period of a person, the Minister determines that the tax in respect of a supply of all or part of a specified resource deemed to have been made by the person under paragraph (5)(a) or (5.1)(a) or in respect of a supply of an employer resource deemed to have been made by the person under any of paragraphs (6)(a), (6.1)(a), (7)(a) and (7.1)(a) is greater than the amount of tax that had been accounted for in respect of the supply prior to the Minister’s assessment of the net tax for the reporting period and if the person has paid or remitted all amounts owing to the Receiver General in respect of the net tax for the reporting period, if any, the following rules apply: (a) the person shall, in prescribed form and in a manner satisfactory to the Minister, provide prescribed information in respect of the supply to each pension entity that is deemed to have paid tax in respect of the specified resource or part or in respect of the employer resource, as the case may be, under whichever of paragraphs (5)(d), (5.1)(d), (6)(d), (6.1)(d), (7)(d) and (7.1)(d) is applicable (in this subsection referred to as the “applicable paragraph”) before the day that is one year after the later of (i) the day on which the Minister sends the notice of the assessment, and (ii) the first day on which all amounts owing to the Receiver General in respect of the net tax for the reporting period, if any, have been paid or remitted; and (b) if the person provides the prescribed information to a particular pension entity in accordance with paragraph (a) and if the prescribed information is received by the particular pension entity on a particular day that is after the end of the last claim period (as defined in subsection 259(1)) of the particular pension entity that ends within two years after the day on which the supply was deemed to have been made, for the purposes referred to in the applicable paragraph, (i) the particular pension entity is deemed to have paid on the particular day tax equal to the amount determined by the formula A × (B ÷ C) where A is the amount of tax in respect of the specified resource or part or in respect of the employer resource, as the case may be, that the particular pension entity is deemed to have paid under the applicable paragraph, B is the difference between the tax in respect of the supply and the amount of tax that had been accounted for in respect of the supply prior to the Minister’s assessment of the net tax for the reporting period, and C is the tax in respect of the supply, and (ii) if the applicable paragraph is paragraph (5)(d), (5.1)(d), (6)(d) or (6.1)(d), the tax that the particular pension entity is deemed to have paid under subparagraph (i) is deemed to be paid in respect of the supply of the specified resource or part or in respect of the supply of the employer resource, as the case may be, that the particular pension entity is deemed to have received under the applicable paragraph. (2) Subsection (1) applies in respect of any notice of assessment, reassessment or additional assessment sent to a person by the Minister of National Revenue except that, in respect of a notice of assessment, reassessment or additional assessment sent by the Minister of National Revenue on or before August 9, 2022, paragraph 172.1(8.01)(a) of the Act, as enacted by subsection (1), is to be read as follows: (a) the person may, in prescribed form and in a manner satisfactory to the Minister, provide prescribed information in respect of the supply to each pension entity that is deemed to have paid tax in respect of the specified resource or part or in respect of the employer resource, as the case may be, under whichever of paragraphs (5)(d), (5.1)(d), (6)(d), (6.1)(d), (7)(d) and (7.1)(d) is applicable (in this subsection referred to as the “applicable paragraph”) before the day that is one year after the later of (i) the day on which the Act of Parliament that implements this subsection receives royal assent, and (ii) the first day on which all amounts owing to the Receiver General in respect of the net tax for the reporting period, if any, have been paid or remitted; and 116 (1) The Act is amended by adding the following after section 172.1: Pension entity — assessment of supplier 172. 11 For the purposes of sections 225.2, 232.01, 232.02 and 261.01 and the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations , tax in respect of a supply of property or a service that became payable by a pension entity of a pension plan on a particular day is deemed to have become payable by the pension entity on the day on which the pension entity pays that tax and not to have become payable on the particular day if (a) the supplier did not, before the end of the last claim period (as defined in subsection 259(1)) of the pension entity that ends within two years after the end of the claim period of the pension entity that includes the particular day, charge that tax; (b) the supplier discloses in writing to the pension entity that the Minister has assessed the supplier for that tax; (c) the pension entity pays that tax after the end of that last claim period; and (d) that tax is not included in determining (i) a rebate under subsection 261.01(2) that is claimed by the pension entity for that last claim period or an earlier claim period of the pension entity, or (ii) an amount that a qualifying employer (as defined in subsection 261.01(1)) of the pension plan deducts in determining its net tax for a reporting period as a result of a joint election made under any of subsections 261.01(5), (6) and (9) with the pension entity for that last claim period or an earlier claim period of the pension entity. (2) Subsection (1) applies in respect of tax that is paid by a pension entity in a claim period of the pension entity that ends after August 9, 2022. 117 (1) Section 172.2 of the Act is amended by adding the following after subsection (3): Assessment of supplier (3.1) For the purposes of subsection (3), tax in respect of a supply of property or a service that became payable by a master pension entity on a particular day is deemed to have become payable by the master pension entity on the day on which the master pension entity pays that tax and not to have become payable on the particular day if (a) the supplier did not, within two years after the particular day, charge that tax; (b) the supplier discloses in writing to the master pension entity that the Minister has assessed the supplier for that tax; and (c) the master pension entity pays that tax on a day that is more than two years after the particular day. (2) Subsection (1) applies in respect of tax that is paid by a master pension entity after August 9, 2022. 118 (1) The Act is amended by adding the following after section 188.1: Cryptoassets Definitions 188.2 (1) The following definitions apply in this section. cryptoasset  means property (other than prescribed property) that is a digital representation of value and that only exists at a digital address of a publicly distributed ledger. ( cryptoactif ) mining activity  means an activity of (a) validating transactions in respect of a cryptoasset and adding them to a publicly distributed ledger on which the cryptoasset exists at a digital address; (b) maintaining and permitting access to a publicly distributed ledger on which a cryptoasset exists at a digital address; or (c) allowing computing resources to be used for the purpose of, or in connection with, performing activities described in paragraph (a) or (b) in respect of a cryptoasset. ( activité de minage ) mining group  means a group of persons that, under an agreement, (a) pool property or services for the performance of mining activities; and (b) share mining payments in respect of the mining activities among members of the group. ( groupe de minage ) mining group operator , in respect of a mining group, means a person that coordinates, oversees or manages the mining activities of the mining group. ( exploitant d’un groupe de minage ) mining payment , in respect of a mining activity, means money, property or a service that is a fee, reward or other form of payment and that is received or generated as a consequence of the mining activity being performed. ( paiement de minage ) Acquisition, etc., for mining activities (2) For the purposes of this Part, to the extent that a person acquires, imports or brings into a participating province property or a service for consumption, use or supply in the course of, or in connection with, mining activities, the person is deemed to have acquired, imported or brought into the participating province, as the case may be, the property or service for consumption, use or supply otherwise than in the course of commercial activities of the person. Use, etc., for mining activities (3) For the purposes of this Part, if a person consumes, uses or supplies property or a service in the course of, or in connection with, mining activities, that consumption, use or supply is deemed to be otherwise than in the course of commercial activities of the person. Mining payment (4) For the purposes of this Part, if a person receives a mining payment in respect of a mining activity, (a) the provision of the mining activity is deemed not to be a supply; (b) the provision of the mining payment is deemed not to be a supply; and (c) in determining an input tax credit of another person that provides the mining payment, no amount is to be included in respect of tax that becomes payable, or is paid without having become payable, by the other person in respect of any property or service acquired, imported or brought into a participating province for consumption, use or supply in the course of, or in connection with, the provision of the mining payment by the other person. Exception (5) Subsections (2) to (4) do not apply in respect of a mining activity to the extent that the mining activity is performed by a particular person for another person if (a) the identity of the other person is known to the particular person; (b) where the mining activity is in respect of a mining group that includes the particular person, the other person is not a mining group operator in respect of the mining group; and (c) where the other person is a non-resident person and is not dealing at arm’s length with the particular person, each property or service — being property or a service that is received by the other person from the particular person as a consequence of the performance of the mining activity — is supplied, or is used or consumed in the course of making a supply, by the other person to one or more persons each of which (i) is a person whose identity is known to the other person, (ii) deals at arm’s length with the other person, and (iii) is not a mining group operator in respect of a mining group that includes the other person if the mining activity is in respect of that mining group. (2) Subsection (1) is deemed to have come into force on February 5, 2022 except that, in determining an input tax credit of a person, paragraph 188.2(4)(c) of the Act, as enacted by subsection (1), does not apply in respect of property or a service acquired, imported or brought into a participating province before February 6, 2022. 119 (1) The portion of subsection 232.01(5) of the Act before paragraph (a) is replaced by the following: Effect of tax adjustment note (5) If a person issues a tax adjustment note to a pension entity under subsection (3) in respect of all or part of a specified resource, a supply of the specified resource or part is deemed to have been received by the pension entity under subparagraph 172.1(5)(d)(i) or (5.1)(d)(i) and tax (in this subsection referred to as “deemed tax”) in respect of that supply is deemed to have been paid on a particular day under subparagraph 172.1(5)(d)(ii) or (5.1)(d)(ii) or paragraph 172.1(8.01)(b) by the pension entity, the following rules apply: (2) Subsection (1) is deemed to have come into force on August 10, 2022. 120 (1) The portion of subsection 232.02(4) of the Act before paragraph (a) is replaced by the following: Effect of tax adjustment note (4) If a person issues a tax adjustment note to a pension entity under subsection (2) in respect of particular employer resources consumed or used for the purpose of making an actual pension supply, a supply of each of those particular employer resources (each of which in this subsection is referred to as a “particular supply”) is deemed to have been received by the pension entity under subparagraph 172.1(6)(d)(i) or (6.1)(d)(i) and tax (in this subsection referred to as “deemed tax”) in respect of each of the particular supplies is deemed to have been paid under subparagraph 172.1(6)(d)(ii) or (6.1)(d)(ii) or paragraph 172.1(8.01)(b) by the pension entity, the following rules apply: (2) Subsection (1) is deemed to have come into force on August 10, 2022. 121 (1) Subparagraph (i) of the description of H in the definition pension rebate amount in subsection 261.01(1) of the Act is replaced by the following: (i) if an application for a rebate under subsection (2) for the claim period is filed in accordance with subsection (3), the total of (A) the total amount indicated on the application under subsection (3.1), and (B) the total of all amounts, each of which is an eligible amount of the pension entity for the claim period that is described in paragraph (b) of the definition eligible amount and in respect of which a portion of the rebate is claimed by the pension entity in accordance with paragraph (3.2)(a), (2) The portion of subsection 261.01(3.1) of the Act before paragraph (a) is replaced by the following: Application for rebate — pension rebate amount election (3.1) An application for a rebate under subsection (2) for a claim period of a pension entity shall indicate the total of all amounts, each of which is an eligible amount of the pension entity for the claim period (other than an eligible amount in respect of which a portion of the rebate is claimed by the pension entity in accordance with paragraph (3.2)(a)) (3) Section 261.01 of the Act is amended by adding the following after subsection (3.1): Separate claims for a claim period (3.2) If an eligible amount of a pension entity for a claim period of the pension entity is an amount of tax that is deemed to have been paid under subparagraph 172.1(8.01)(b)(i), or to have become payable under section 172.11, the following rules apply: (a) the portion of the rebate under subsection (2) for the claim period that is in respect of the excess pension rebate amount for the claim period in respect of the eligible amount may, despite subsection (4), be claimed in an application separate from the pension entity’s application for the portion of that rebate that is in respect of the remaining pension rebate amount for the claim period provided that the application for the portion of that rebate that is in respect of that excess pension rebate amount is filed by the pension entity after the beginning of the pension entity’s fiscal year that includes the claim period and not later than (i) if the pension entity is a registrant, the day on or before which the pension entity is required to file the return under Division V for the claim period, or (ii) in any other case, the last day of the claim period; and (b) a particular election under subsection (5) or (6) for the claim period that is in respect of the excess pension rebate amount for the claim period in respect of the eligible amount may be made separately from an election under subsection (5) or (6), as the case may be, that is in respect of the remaining pension rebate amount for the claim period provided that the portion of the rebate under subsection (2) for the claim period that is in respect of that excess pension rebate amount is claimed by the pension entity in a separate application that is filed in accordance with paragraph (a) and the particular election is filed at the same time that the application is filed. Definitions (3.3) The following definitions apply in this subsection and subsection (3.2). excess pension rebate amount  for a claim period of a pension entity means, in respect of an amount of tax deemed to have been paid under subparagraph 172.1(8.01)(b)(i), or to have become payable under section 172.11, by the pension entity during the claim period, the amount that would be the pension rebate amount of the pension entity for the claim period if the amount of tax were the only eligible amount of the pension entity for the claim period. ( excédent du montant de remboursement de pension ) remaining pension rebate amount  for a claim period of a pension entity means the amount determined by the formula A − B where A is the pension rebate amount of the pension entity for the claim period; and B is the total of all amounts, each of which is an excess pension rebate amount for the claim period in respect of which a portion of the rebate under subsection (2) for the claim period is claimed by the pension entity in accordance with paragraph (3.2)(a). ( solde du montant de remboursement de pension ) (4) Subsections (1) to (3) are deemed to have come into force on August 10, 2022. 122 (1) Subsection 1(1) of Part VII of Schedule VI to the Act is amended by adding the following in alphabetical order: tangible personal property includes money; (2) Subsection (1) is deemed to have come into force on August 10, 2022. It also applies in respect of a supply made before that date unless the supplier charged or collected, before that date, any amount as or on account of tax under Part IX of the Act in respect of the supply. SOR/2001- 171 Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations 123 (1) Clauses (iii)(C) and (D) of the description of G 3 in paragraph 46(a) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations are replaced by the following: (C) if a tax adjustment note is issued to the financial institution under subsection 232.01(3) of the Act in respect of all or part of a specified resource, if a supply of the specified resource or part is deemed for the purposes of section 232.01 of the Act to have been received by the financial institution under subparagraph 172.1(5)(d)(i) or (5.1)(d)(i) of the Act and if tax in respect of the supply is deemed for the purposes of section 232.01 of the Act to have been paid on a particular day under subparagraph 172.1(5)(d)(ii) or (5.1)(d)(ii) or paragraph 172.1(8.01)(b) of the Act by the financial institution, an amount that the financial institution would be required by paragraph 232.01(5)(c) of the Act to pay during the particular reporting period to the Receiver General as a result of the issuance of the tax adjustment note if the financial institution were a selected listed financial institution on the particular day, or (D) if a tax adjustment note is issued to the financial institution under subsection 232.02(2) of the Act in respect of employer resources, if particular supplies (as referred to in subsection 232.02(4) of the Act) of those employer resources are deemed for the purposes of section 232.02 of the Act to have been received by the financial institution under subparagraph 172.1(6)(d)(i) or (6.1)(d)(i) of the Act and if tax in respect of each of the particular supplies is deemed for the purposes of section 232.02 of the Act to have been paid under subparagraph 172.1(6)(d)(ii) or (6.1)(d)(ii) or paragraph 172.1(8.01)(b) of the Act by the financial institution, an amount that the financial institution would be required by paragraph 232.02(4)(c) of the Act to pay during the particular reporting period to the Receiver General as a result of the issuance of the tax adjustment note if the financial institution were a selected listed financial institution on the first day on which an amount of tax is deemed for the purposes of section 232.02 of the Act to have been paid in respect of the particular supplies, (2) Subsection (1) applies in respect of any reporting period of a person that ends after August 9, 2022. PART 3 Amendments to the Excise Act, the Excise Act, 2001 and the Air Travellers Security Charge Act DIVISION 1 Excise Act and Excise Act, 2001 (Alcohol Products) R.S., c. E- 14 Excise Act 124 (1) Section 170.2 of the Excise Act is amended by adding the following after subsection (2): Adjustment — 2023 (2.1) In respect of the inflationary adjusted year that is 2023, the description of B in paragraph (2)(a) is deemed to be equal to 1.02. (2) Subsection (1) is deemed to have come into force on April 1, 2023. 2002, c. 22 Excise Act, 2001 125 (1) Section 123.1 of the Excise Act, 2001 is amended by adding the following after subsection (2): Adjustment — 2023 (2.1) In respect of the inflationary adjusted year that is 2023, the description of B in paragraph (2)(a) is deemed to be equal to 1.02. (2) Subsection (1) is deemed to have come into force on April 1, 2023. 126 (1) Section 135.1 of the Act is amended by adding the following after subsection (2): Adjustment — 2023 (2.1) In respect of the inflationary adjusted year that is 2023, the description of B in paragraph (2)(a) is deemed to be equal to 1.02. (2) Subsection (1) is deemed to have come into force on April 1, 2023. DIVISION 2 Air Travellers Security Charge Act (Charge Rates) 2002, c. 9, s. 5 Air Travellers Security Charge Act 127 (1) The portion of paragraph 12(1)(a) of the Air Travellers Security Charge Act before subparagraph (i) is replaced by the following: (a) $9.46 for each chargeable emplanement included in the service, to a maximum of $18.92, if (2) The portion of paragraph 12(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) $9.94 for each chargeable emplanement included in the service, to a maximum of $19.87, if (3) The portion of paragraph 12(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) $16.08 for each chargeable emplanement included in the service, to a maximum of $32.16, if (4) The portion of paragraph 12(1)(d) of the Act before subparagraph (i) is replaced by the following: (d) $16.89 for each chargeable emplanement included in the service, to a maximum of $33.77, if (5) Paragraph 12(1)(e) of the Act is replaced by the following: (e) $34.42, if the service includes transportation to a destination outside the continental zone. (6) The portion of paragraph 12(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) $16.08 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $32.16, if (7) The portion of paragraph 12(2)(b) of the Act before subparagraph (i) is replaced by the following: (b) $16.89 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $33.77, if (8) Paragraph 12(2)(c) of the Act is replaced by the following: (c) $34.42, if the service includes transportation to a destination outside the continental zone. (9) Subsections (1) to (8) apply in respect of an air transportation service that includes a chargeable emplanement after April 2024 unless (a) if any consideration is paid or payable in respect of the service, all of the consideration is paid before May 2024; or (b) if no consideration is paid or payable in respect of the service, a ticket is issued before May 2024. PART 4 Various Measures DIVISION 1 1991, c. 46 Bank Act Amendments to the Act 128 The definition external complaints body in section 2 of the Bank Act is replaced by the following: external complaints body  means the body corporate designated under subsection 627.48(1); ( organisme externe de traitement des plaintes ) 129 Section 627.48 of the Act is replaced by the following: External Complaints Body Purpose 627. 471 The purpose of sections 627.48 to 627.54 is to enhance the process for dealing with complaints by establishing a regime comprised of a sole external complaints body that discharges its functions and performs its activities in a transparent, effective, timely and fair manner based on the principles of accessibility, accountability, impartiality and independence. Designation of body corporate 627.48 (1) The Minister may, on the recommendation of the Commissioner, designate a body corporate incorporated under the Canada Not-for-profit Corporations Act or under a provincial statute equivalent to that Act to be the external complaints body to deal with complaints referred to in paragraph 627.43(1)(a) that have not been resolved by its member institutions to the satisfaction of the persons who made the complaints or that have not been dealt with within the prescribed period referred to in that paragraph. Matters for consideration (2) Before designating a body corporate, the Minister shall take into account all matters that the Minister considers relevant, including whether the body corporate has (a) the reputation required under paragraph 627.49(a); and (b) policies and procedures and terms of reference that would enable it to discharge its functions and perform its activities in a manner that is consistent with the purpose set out in section 627.471 and to comply with paragraphs 627.49(b) to (m). Obligation to be member (3) Every institution shall be a member of the external complaints body. Not an agent (4) The external complaints body is not an agent of His Majesty. Designation to be published (5) A designation made under subsection (1) shall be published in the Canada Gazette . 130 (1) The portion of section 627.49 of the Act before paragraph (a) is replaced by the following: Requirements 627. 49 The external complaints body shall (2) Paragraphs 627.49(b) to (d) of the Act are replaced by the following: (b) make its services available across Canada in both official languages and offer those services free of charge to persons who make complaints to it; (c) establish policies, procedures and terms of reference that are satisfactory to the Commissioner pertaining to, among other things, dealing with complaints and the consultation, at least once a year, of its member institutions and consumers for the purpose of raising concerns about the external complaints body; (c.1) establish the manner of calculating, to the satisfaction of the Commissioner, the fees it charges to each of its member institutions for its services; (c.2) make information available to consumers about their rights and responsibilities in relation to the external complaints handling regime, respond to their inquiries and requests for information and offer them assistance in making a complaint; (d) inform the Commissioner in writing within 30 days after the day on which it determines that a complaint raises a potential systemic issue; (3) Paragraph 627.49(e) of the French version of the Act is replaced by the following: e) dans les trente jours qui suivent la date à laquelle il reçoit une plainte, aviser l’auteur de la plainte lorsque, selon lui, la plainte, ou toute partie de celle-ci, ne relève pas de son mandat, lui en fournir par écrit les raisons pour lesquelles elle n’en relève pas et lui fournir le nom de toute entité à qui il peut présenter la plainte; (4) Paragraph 627.49(g) of the Act is replaced by the following: (g) impartially deal with complaints referred to in paragraph 627.43(1)(a) that have not been resolved by its member institutions to the satisfaction of the persons who made the complaints or that have not been dealt with within the prescribed period referred to in that paragraph; (5) Paragraph 627.49(h) of the French version of the Act is replaced by the following: h) au plus tard cent vingt jours après la date à laquelle il dispose de l’ensemble des renseignements nécessaires à l’examen de la plainte, présenter par écrit aux parties à la plainte une recommandation finale; (6) Section 627.49 of the Act is amended by adding the following after paragraph (h): (h.1) without delay, inform the Commissioner in writing of cases in which an institution does not comply with a final recommendation; (7) The portion of paragraph 627.49(i) of the French version of the Act before subparagraph (i) is replaced by the following: i) dans les quatre-vingt-dix jours suivant la date à laquelle il présente une recommandation finale, rendre accessible sans frais sur son site Web un résumé de la décision, lequel comprend notamment : (8) Section 627.49 of the Act is amended by adding the following after paragraph (i): (i.1) within 60 days after the end of each quarter, submit to the Commissioner, in a form satisfactory to the Commissioner, (i) in relation to all investigations completed during the quarter, a copy of the record of the complaint, and (ii) any prescribed information; (i.2) within 60 days after the end of each quarter, meet with the Commissioner to discuss, among other things, complaints, operations and market trends and issues with the potential to impact consumers; (9) The portion of paragraph 627.49(j) of the Act before subparagraph (i) is replaced by the following: (j) within 135 days after the end of each financial year, file a written report with the Commissioner on the performance of its functions and activities for that year, which report is to include (10) Clause 627.49(j)(i)(B) of the Act is replaced by the following: (B) all sources of funding for its functions and activities, including the fees charged to each of its member institutions for its services and the manner in which those fees are calculated, and (11) Subparagraph 627.49(j)(iii) of the French version of the Act is replaced by the following: (iii) pour chacune de ses institutions membres, le nombre et la nature des plaintes reçues ainsi que le nombre de plaintes qui, selon lui, relevaient de son mandat, le nombre de recommandations finales présentées aux parties et le nombre de plaintes qui, selon lui, ont été réglées à la satisfaction de leurs auteurs, (12) Subparagraph 627.49(j)(v) of the French version of the Act is replaced by the following: (v) le nombre de plaintes reçues qui, selon lui, ne relevaient pas de son mandat et les raisons pour lesquelles elles n’en relevaient pas, (13) Paragraph 627.49(j) of the Act is amended by adding the following after subparagraph (v): (v.1) the number of complaints for which an institution did not comply with a final recommendation, (14) Subparagraph 627.49(j)(vii) of the French version of the Act is replaced by the following: (vii) la compensation moyenne et la compensation totale qui a été accordée relativement aux plaintes reçues qui, selon lui, relevaient de son mandat; (15) Section 627.49 of the Act is amended by adding the following after paragraph (j): (j.1) meet with the Commissioner annually; (16) Paragraphs 627.49(l) and (m) of the Act are replaced by the following: (l) submit, every five years, to an evaluation of the performance of its functions and activities that is conducted, at the discretion of the Commissioner, by the Commissioner or a third party in accordance with terms of reference that are established by the external complaints body in consultation with the Commissioner; and (m) meet any prescribed requirement. 131 Sections 627.5 to 627.52 of the Act are replaced by the following: Provision of information — external complaints body 627. 52 An institution shall provide the external complaints body with all information in its possession or control that relates to a complaint in respect of the institution without delay after the external complaints body notifies it that the complaint has been received. 132 Paragraph 627.65(b) of the Act is replaced by the following: (b) the name of the external complaints body and the manner in which that body may be contacted; and 133 Subsection 627.998 of the Act is amended by adding “and” at the end of paragraph (n) and by replacing paragraphs (o) and (p) with the following: (o) respecting the requirements to be met by the external complaints body. 134 Subsections 659(1.1) to (1.3) of the Act are replaced by the following: Special audit (1.1) The Commissioner may direct that a special audit be made in accordance with any terms and conditions that he or she considers appropriate if, in the opinion of the Commissioner, it is required for the purposes of the administration of the Financial Consumer Agency of Canada Act and the consumer provisions, and may appoint for that purpose (a) with respect to a bank or an authorized foreign bank, a firm of accountants qualified under subsection 315(1); and (b) with respect to the external complaints body, a firm of accountants , as defined in section 313. Report to Commissioner (1.2) If a bank, an authorized foreign bank or the external complaints body is the subject of a special audit, it shall provide the Commissioner with the results of the audit. Expenses payable (1.3) The expenses incurred in respect of any special audit are payable by the bank, the authorized foreign bank or the external complaints body that is the subject of the audit. 135 Section 661 of the Act is replaced by the following: Compliance agreement 661 The Commissioner may enter into an agreement, called a “compliance agreement”, with a bank, an authorized foreign bank or the external complaints body for the purposes of implementing any measure that is designed so as to further compliance by it with the consumer provisions. 136 Subsections 661.1(2) to (4) of the Act are replaced by the following: Directions — external complaints body (1.1) If, in the opinion of the Commissioner, the external complaints body fails, or there are reasonable grounds to believe that it will fail, to comply with a compliance agreement or any of paragraphs 627.49(b) to (m) or to discharge its functions and perform its activities in a manner that is consistent with the purpose set out in section 627.471, the Commissioner may direct the external complaints body to comply with them or to so discharge its functions and perform its activities and to perform any act that in the opinion of the Commissioner is necessary to do so. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued under subsection (1) or (1.1) unless the bank, authorized foreign bank or person or the external complaints body is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Commissioner, the length of time required for representations to be made under subsection (2) might be prejudicial to the public interest, the Commissioner may make a temporary direction with respect to the matters referred to in subsection (1) or (1.1) that has effect for a period of not more than 15 days. Continued effect (4) A temporary direction under subsection (3) continues to have effect after the end of the 15-day period referred to in that subsection if no representations are made to the Commissioner within that period or, if representations have been made, the Commissioner notifies the bank, authorized foreign bank, person or external complaints body that the Commissioner is not satisfied that there are sufficient grounds for revoking the direction. 137 Subsection 661.2(2) of the Act is replaced by the following: Court enforcement — external complaints body (1.1) If the external complaints body contravenes or fails to comply with a compliance agreement, any of paragraphs 627.49(b) to (m) or a direction made under subsection 661.1(1.1) or (3), the Commissioner may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the external complaints body to comply with the compliance agreement or the direction, cease the contravention or do any thing that is required to be done, and on the application the court may so order and make any other order it thinks fit. Appeal (2) An appeal from a decision of a court under subsection (1) or (1.1) lies in the same manner, and to the same court, as an appeal from any other order of the court. 138 Section 974 of the Act is replaced by the following: Not statutory instruments 974 An instrument issued or made under this Act and directed to a single bank, bank holding company, authorized foreign bank or person, other than a regulation made under paragraph 627.998(o) or an order referred to in section 499, is not a statutory instrument for the purposes of the Statutory Instruments Act . Transitional Provisions Definitions 139 (1) The following definitions apply in this section. former external complaints body  means an external complaints body as defined in section 2 of the Bank Act as it read before the day on which section 128 of this Act comes into force. ( ancien organisme externe de traitement des plaintes ) new external complaints body  means the body corporate designated under subsection 627.48(1) of the Bank Act , as amended by section 129 of this Act. ( nouvel organisme externe de traitement des plaintes ) Revocation of approval (2) Any approval given to a former external complaints body under subsection 627.48(1) of the Bank Act , as it read immediately before the day on which section 129 of this Act comes into force, is revoked on the later of the day on which the designation of the new external complaints body takes effect and the day on which the former external complaints body resolves every complaint pending before it. Application before designation (3) On the day on which section 129 of this Act comes into force, sections 627.48 and 627.49 of the Bank Act , as they read immediately before that day, continue to apply in respect of former external complaints bodies until the day on which the designation of the new external complaints body takes effect. Application on designation (4) On the day on which the designation of the new external complaints body takes effect, (a) unless otherwise specified by the Commissioner, a former external complaints body shall continue the resolution of any complaint pending before it; (b) sections 627.48 and 627.49 of the Bank Act , as they read immediately before the day on which section 129 of this Act comes into force, continue to apply for the purposes of paragraph (a); and (c) the new external complaints body shall resolve all complaints that are not pending before any former external complaints body. 2001, c. 9 Consequential Amendments to the Financial Consumer Agency of Canada Act 140 Section 2.1 of the Financial Consumer Agency of Canada Act is replaced by the following: Supervision and protection 2. 1 The purpose of this Act is to ensure that financial institutions, the external complaints body and payment card network operators are supervised by an agency of the Government of Canada so as to contribute to the protection of consumers of financial products and services and the public, including by strengthening the financial literacy of Canadians. 141 (1) The portion of paragraph 3(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) supervise financial institutions and the external complaints body to determine whether they are in compliance with (2) Paragraph 3(2)(c.1) of the Act is replaced by the following: (c.1) promote the adoption by the external complaints body of policies and procedures designed to implement the provisions, terms and conditions, undertakings or directions referred to in paragraph (a); (3) Paragraph 3(2)(d) of the Act is replaced by the following: (d) strengthen the financial literacy of Canadians and promote consumer awareness about the obligations of financial institutions and the external complaints body under the consumer provisions applicable to them and about all matters connected with the protection of consumers of financial products and services; and 142 Subsection 14(1) of the Act is replaced by the following: Ownership 14 (1) No Commissioner, person appointed under subsection 4(4) or Deputy Commissioner shall hold, directly or indirectly, any interest or right in any shares of any financial institution, any bank holding company, any insurance holding company, the external complaints body or any other body corporate, however created, carrying on any business in Canada that is substantially similar to any business carried on by any financial institution or the external complaints body. 143 Subsection 16(1) of the Act is replaced by the following: No grant or gratuity to be made 16 (1) The Commissioner, a person appointed under subsection 4(4), a Deputy Commissioner and any person appointed under section 10 shall not accept or receive, directly or indirectly, any grant or gratuity from a financial institution, a bank holding company, an insurance holding company or the external complaints body, or from a director, officer or employee of any of them, and a financial institution, a bank holding company, an insurance holding company and the external complaints body, and any director, officer or employee of any of them, shall not make or give any such grant or gratuity. 144 Subsection 17(1) of the Act is replaced by the following: Confidential information 17 (1) Subject to subsection (2) and except as otherwise provided in this Act, information regarding the business or affairs of a financial institution or of the external complaints body or regarding persons dealing with a financial institution or with the external complaints body that is obtained by the Commissioner or by any person acting under the Commissioner’s direction, in the course of the exercise or performance of powers, duties and functions referred to in subsections 5(1) and (2) and 5.1(2), and any information prepared from that information, is confidential and shall be treated accordingly. 145 (1) Subsection 18(1) of the Act is replaced by the following: Commissioner to ascertain expenses 18 (1) The Commissioner shall, before December 31 in each year, ascertain the total amount of expenses incurred during the immediately preceding fiscal year for or in connection with the administration of this Act and the consumer provisions — excluding the expenses incurred in connection with the objects described in subsection 3(3) — and the amounts of any prescribed categories of those expenses in relation to any prescribed group of financial institutions and the external complaints body. (2) Subsection 18(3) of the Act is replaced by the following: Assessment (3) As soon as possible after ascertaining the amounts under subsections (1) and (1.1), the Commissioner shall assess a portion of the total amount of expenses against each financial institution and the external complaints body to the extent and in the manner that the Governor in Council may, by regulation, prescribe. (3) Subsection 18(4) of the Act is replaced by the following: Interim assessment (4) The Commissioner may, during each fiscal year, prepare an interim assessment against any financial institution or the external complaints body. (4) Subsection 18(5) of the Act is replaced by the following: Assessment is binding (5) Every assessment and interim assessment is final and conclusive and binding on the financial institution against which it is made or the external complaints body, as the case may be. 146 Paragraph 34(a) of the Act is replaced by the following: (a) in aggregate form, its conclusions on the compliance, in that year, of financial institutions and the external complaints body with the consumer provisions applicable to them; and SOR/2021- 181 Related Amendments to the Financial Consumer Protection Framework Regulations 147 (1) The portion of section 16 of the Financial Consumer Protection Framework Regulations before paragraph (a) is replaced by the following: Requirements 16 For the purposes of paragraph 627.49(m) of the Act, the following are prescribed requirements for the external complaints body: (2) Paragraphs 16(b) and (c) of the Regulations are repealed. (3) Section 16 of the Regulations is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f). DIVISION 2 Private Sector Pension Plans R.S., c. 32 (2nd Supp.) Pension Benefits Standards Act, 1985 148 (1) The definitions defined benefit provision , defined contribution provision and variable benefit in subsection 2(1) of the Pension Benefits Standards Act, 1985 are replaced by the following: defined benefit provision  means a provision of a pension plan under which pension benefits for a member are determined in any way other than that described in paragraph (a) of the definition defined contribution provision and that does not provide for a variable life benefit; ( disposition à prestations déterminées ) defined contribution provision  means (a) a provision of a pension plan under which pension benefits for a member are determined solely as a function of the amount of pension benefit that can be provided by (i) contributions made by and on behalf of that member, and (ii) interest earnings and other gains and losses allocated to that member, or (b) a provision of a pension plan that provides for a variable life benefit; ( disposition à cotisations déterminées ) variable benefit  means a pension benefit payable in the form of a variable payment out of the pension fund, but does not include a variable life benefit; ( prestation variable ) (2) The definition cessation in subsection 2(1) of the French version of the Act is replaced by the following: cessation  S’agissant d’un régime de pension, s’entend de sa cessation dans les cas visés par les paragraphes 29(1), (2), (2.1) et (4.2). ( termination ) (3) Paragraphs (a) and (b) of the definition former member in subsection 2(1) of the Act are replaced by the following: (a) except in sections 9.2 and 24, paragraph 28(1)(b.1) and subsection 28(2.1), a person who, on or after January 1, 1987, has either ceased membership in the plan or retired; (b) in section 9.2, paragraph 28(1)(b.1) and subsection 28(2.1), a person who has either ceased membership in the plan or retired and has not, before the termination of the whole of the plan, (i) transferred their pension benefit credit under section 16.4, 16.91 or 26, (ii) used their pension benefit credit to purchase a life annuity under section 16.4, 16.91 or 26, or (iii) had their pension benefits transferred to another pension plan; or (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: variable life benefit  means a pension benefit whose amount varies as a function of factors that include (a) the amount or rate of return attributable to the investment of the assets of the fund from which the benefit is paid, and (b) the rate of mortality of the pool of persons who are entitled to receive a benefit from that fund; ( prestation viagère variable ) 149 Section 10.1 of the Act is amended by adding the following after subsection (2): Non-application — variable life benefit (3) Subsection (2) does not apply with respect to an amendment to reduce, as permitted or required under the regulations, the amount of a variable life benefit. 150 Section 10.2 of the Act is amended by adding the following after subsection (2): Transfer from variable life benefit fund (3) Subject to section 16.91 and subsection 29(12), the administrator may transfer or permit the transfer of any part of the assets of a variable life benefit fund established under subsection 16.6(1) to another pension plan, including a pension plan to which this Act does not apply, only with the Superintendent’s permission. 151 The Act is amended by adding the following after section 16.5: Variable Life Benefits Fund and benefits 16.6 (1) Subject to the regulations, a pension plan may (a) provide for the establishment within the pension fund of a variable life benefit fund from which variable life benefits are to be paid; and (b) provide that a person referred to in subsection (2) may, in order to receive variable life benefits, elect to transfer to the variable life benefit fund any amounts in either or both of the following accounts: (i) their account in the pension fund maintained in respect of a defined contribution provision, and (ii) their account in the pension fund maintained for additional voluntary contributions. Persons who may elect (2) The following persons may make the election referred to in paragraph (1)(b): (a) a member or former member who is entitled to an immediate pension benefit under subsection 16(1) or eligible to receive an immediate pension benefit under subsection 16(2); (b) a survivor who is entitled to pension benefits under the pension plan. Conditions on election 16. 7 A person referred to in subsection 16.6(2) may elect to transfer amounts to the variable life benefit fund only if the prescribed conditions are met. No accounts in fund 16. 8 A variable life benefit fund does not contain individual accounts for recipients of variable life benefits and, for greater certainty, a reference in this Act to an account, made in relation to a defined contribution provision or a defined contribution plan, is not to be construed as referring to amounts held within a variable life benefit fund. Termination 16.9 (1) This section, and not section 29, applies with respect to the termination of a variable life benefit fund if that termination includes only the termination of one or more such funds and the whole of the plan is not being terminated. No partial termination (2) A partial termination of a variable life benefit fund is not permitted. Termination by administrator (3) Subject to subsection (4), a variable life benefit fund is terminated only if the administrator of the pension plan notifies the Superintendent — in writing or in the form and manner, if any, that the Superintendent directs — of the decision to terminate the fund and the date of termination, not less than 60 days and not more than 180 days before the date of termination. Declaration by Superintendent (4) In the prescribed circumstances, the Superintendent may declare a variable life benefit fund to be terminated as of the date that the Superintendent considers appropriate. Termination report (5) On the termination of a variable life benefit fund, the administrator shall file with the Superintendent — in the form and manner, if any, that the Superintendent directs — a termination report that contains the prescribed information and that is prepared by a person having the prescribed qualifications. Approval of termination report (6) Assets of the variable life benefit fund may not be applied toward the provision of any benefits until the Superintendent has approved the termination report. The administrator may nevertheless pay variable life benefits, as they fall due, to the persons entitled to them. Transfer or purchase on termination 16.91 (1) On the termination of a variable life benefit fund under section 16.9, a former member or survivor who was receiving a variable life benefit from the fund is entitled to (a) transfer, for the purpose of making an election to receive a variable benefit under section 16.2, the amount of the aggregate value of their variable life benefits at termination to an account maintained in the pension plan in respect of a defined contribution provision, if the pension plan provides for such an election; (b) transfer that amount to another pension plan, including one referred to in any of paragraphs 26(5)(a) to (c), if that other plan permits; (c) transfer that amount to a retirement savings plan of the prescribed kind for the former member or survivor, as the case may be; or (d) use that amount to purchase an immediate or deferred life annuity of the prescribed kind for the former member or survivor, as the case may be. Aggregate value (2) The aggregate value of a person’s variable life benefits at termination is to be calculated in the prescribed manner. Survivor (3) For the purposes of paragraph (1)(a), a survivor may make an election under section 16.2 as if they were a former member, but neither paragraph 16.2(2)(a) nor section 16.3 apply with respect to the survivor. Superintendent may direct winding-up 16. 92 If a variable life benefit fund has been terminated under section 16.9 and the Superintendent is of the opinion that no action or insufficient action has been taken to wind up the fund, the Superintendent may direct the administrator to distribute the assets of the fund, and may direct that any expenses incurred in connection with that distribution be paid out of the fund, and the administrator shall comply with any such direction without delay. 152 (1) Paragraphs 18(1)(a) and (b) of the Act are replaced by the following: (a) that no benefit provided under the plan is capable of being assigned, charged, anticipated or given as security or confers on a member or former member, that person’s personal representative or dependant or any other person any right or interest in the benefit that is capable of being assigned, charged, anticipated or given as security; (b) that, except in the case of the unexpired period of a guaranteed annuity, no benefit described in section 16 or 17 is capable of being surrendered or commuted during the lifetime of the member or former member or that person’s spouse or common-law partner or confers on a member or former member, on that person’s personal representative or dependant or on any other person any right or interest in the benefit that is capable of being surrendered or commuted during the lifetime of the member or former member or that person’s spouse or common-law partner; and (2) Paragraphs 18(1)(b) and (c) of the Act are replaced by the following: (b) that, except in the case of the unexpired period of a guaranteed annuity or as provided in section 16.4 or 16.91 or subsection 29(12), no benefit described in section 16 or 17 is capable of being surrendered or commuted during the lifetime of the member or former member or that person’s spouse or common-law partner or confers on a member or former member, on that person’s personal representative or dependant or on any other person any right or interest in the benefit that is capable of being surrendered or commuted during the lifetime of the member or former member or that person’s spouse or common-law partner; and (c) with respect to a person who has been a member for a continuous period of at least two years, that, except as provided in section 16.4, 16.91 or 26 or subsection 29(12), that person — if they are entitled to a benefit described in section 16 or 17 or would be entitled to the benefit if they retired or ceased membership in the plan — is not permitted to withdraw any part of their contributions to the plan, other than additional voluntary contributions, in respect of any period of membership in the plan on or after October 1, 1967 for which they are entitled to the benefit, and that any pension fund moneys attributable to those contributions shall be applied under the terms of the plan toward the payment of the benefit. 153 (1) The portion of subsection 26(1) of the French version of the Act before paragraph (a) is replaced by the following: Transfert avant l’admissibilité à la retraite 26 (1) Le participant dont la participation a pris fin avant qu’il n’ait droit à la prestation visée au paragraphe 16(2), ou son survivant, dans le cas où le participant meurt avant d’y avoir droit, peut, s’il informe l’administrateur de son intention, en la forme réglementaire, dans les quatre-vingt-dix jours suivant l’événement en cause, ou si le surintendant accorde un délai supplémentaire au titre de l’alinéa 28(1)d), dans les soixante jours suivant la remise du relevé visé par cet alinéa ou, si sa participation prend fin en raison de la cessation totale du régime de pension, dans les soixante jours suivant la remise du relevé visé à l’alinéa 28(2.1)b) : (2) The portion of subsection 26(1) of the English version of the Act after paragraph (c) is replaced by the following: if the member or the survivor notifies the administrator of that desire, in the prescribed form and within 90 days after the cessation of membership or the member’s death (or, if the Superintendent allows a longer period under paragraph 28(1)(d), within 60 days after the administrator has given the written statement under that paragraph) — or, if the member ceases to be a member because the whole of the pension plan is terminated, within 60 days after the administrator has given the written statement under paragraph 28(2.1)(b) — and the administrator shall without delay take any necessary action to give effect to the notification. 154 Section 27 of the Act is amended by adding the following after subsection (3): Variable life benefits (4) The application of subsections (1) to (3) with respect to variable life benefits may be adapted, restricted or excluded under the regulations. 155 (1) The portion of paragraph 28(1)(b.1) of the Act before subparagraph (i) is replaced by the following: (b.1) that each former member of the plan and the former member’s spouse or common-law partner, as well as each survivor who is entitled to pension benefits under the plan, will be given, in the prescribed circumstances and manner and within six months — or any longer period permitted by the Superintendent — after the end of each year of operation of the plan, a written statement showing (2) The portion of paragraph 28(1)(b.1) of the Act before subparagraph (i) is replaced by the following: (b.1) that, other than with respect to variable life benefits, each former member of the plan and the former member’s spouse or common-law partner, as well as each survivor who is entitled to pension benefits under the plan, will be given, in the prescribed circumstances and manner and within six months — or any longer period permitted by the Superintendent — after the end of each year of operation of the plan, a written statement showing (3) Section 28 of the Act is amended by adding the following after subsection (2): Variable life benefit fund (2.01) A pension plan with a variable life benefit fund shall provide that each former member and survivor who is receiving a variable life benefit from the fund, as well the spouse or common-law partner of each such former member, will be given the prescribed information in the prescribed circumstances and manner and within the prescribed period or within any longer period permitted by the Superintendent. (4) Subsection 28(2.1) of the Act is replaced by the following: Information on plan termination (2.1) A pension plan shall provide that if the whole of the plan is terminated, the administrator shall give to each member and former member and to the spouse or common-law partner of each member and former member, as well as to each survivor who is entitled to pension benefits under the plan, a written statement, in the prescribed form, informing them of (a) the termination of the plan, within 30 days after the termination or any longer period permitted by the Superintendent; and (b) the member’s, former member’s or survivor’s pension benefits and other benefits payable under the plan, within 120 days after the termination or any longer period that the Superintendent may allow. (5) Section 28 of the Act is amended by adding the following after subsection (2.1): Information — termination of variable life benefit fund (2.2) A pension plan with a variable life benefit fund shall provide that, if the fund is terminated under section 16.9, the administrator shall give to each former member and survivor who is receiving a variable life benefit from the fund, as well as to the spouse or common-law partner of each such former member, a written statement, in the prescribed form, that (a) informs them of the termination of the fund, within 30 days after the termination or any longer period permitted by the Superintendent; and (b) provides them with the prescribed information, within 120 days after the termination or any longer period permitted by the Superintendent. 156 (1) Subsection 29(6.1) of the French version of the Act is replaced by the following: Obligation de l’employeur (6.1) S’il y a cessation totale d’un régime de pension autre qu’un régime à cotisations négociées, l’employeur est tenu de verser au fonds de pension, conformément aux règlements, la somme, calculée périodiquement conformément aux règlements, qui est nécessaire pour que soient acquittées toutes les obligations du régime à l’égard des prestations de pension déterminées à la date de la cessation. (2) Subsections 29(6.3) and (6.4) of the French version of the Act are replaced by the following: Paiement en trop (6.3) À la liquidation du régime de pension, s’il reste dans le fonds de pension un solde qui excède la somme nécessaire pour permettre au régime de s’acquitter de toutes ses obligations à l’égard des prestations de pension déterminées à la date de la cessation, la partie du solde qui est, selon les règlements, attribuable aux paiements effectués par l’employeur sous le régime du paragraphe (6.1) ne constitue pas un excédent et, sous réserve du paragraphe (7), ce dernier a droit de la recouvrer. Liquidation ou faillite (6.4) En cas de liquidation du régime de pension ou de liquidation, de cession de biens ou de faillite de l’employeur, est immédiatement exigible la somme nécessaire pour permettre au régime de s’acquitter de toutes ses obligations à l’égard des prestations de pension déterminées à la date de la cessation. (3) Section 29 of the Act is amended by adding the following after subsection (11): Variable life benefits — transfer or purchase (12) If a variable life benefit fund has been terminated as part of a termination under this section, a former member or survivor who was receiving a variable life benefit from the fund is entitled to (a) transfer the amount of the aggregate value of their variable life benefits at termination, calculated in the prescribed manner, to another pension plan, including one referred to in any of paragraphs 26(5)(a) to (c), if that other plan permits; (b) transfer that amount to a retirement savings plan of the prescribed kind for the former member or survivor, as the case may be; or (c) use that amount to purchase an immediate or deferred life annuity of the prescribed kind for the former member or survivor, as the case may be. 157 (1) Paragraph 36(2)(b) of the Act is replaced by the following: (b) any money withdrawn from a pension fund under section 16.4, 16.91 or 26 or subsection 29(12) (2) The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following: Exception (3) Subsection (2) does not apply to prevent the assignment of a right or interest in a pension benefit, or in a life annuity of the prescribed kind resulting from a transfer or purchase under section 26, if the assignment (3) The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following: Exception (3) Subsection (2) does not apply to prevent the assignment of a right or interest in a pension benefit, or in a life annuity of the prescribed kind resulting from a transfer or purchase under section 16.4, 16.91 or 26 or subsection 29(12), if the assignment (4) Paragraphs 36(4)(a) and (b) of the Act are replaced by the following: (a) to surrender or commute a benefit, or any right or interest in the benefit, or (b) to surrender or commute benefits payable as a result of a transfer or purchase under section 26 (5) Paragraph 36(4)(b) of the Act is replaced by the following: (b) to surrender or commute benefits payable as a result of a transfer or purchase under section 16.4, 16.91 or 26 or subsection 29(12) 158 Subsection 39(1) of the Act is amended by adding the following after paragraph (k.2): (k.3) respecting variable life benefits and variable life benefit funds; (k.4) respecting the manner in which the actuarial present value of variable life benefits is to be calculated; 2012, c. 16 Pooled Registered Pension Plans Act 159 (1) The definition member in subsection 2(1) of the Pooled Registered Pension Plans Act is replaced by the following: member  means a person who holds an account with, or who is entitled to receive a variable life payment under, a pooled registered pension plan. ( participant ) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: variable life payment  means a periodic amount that a member is entitled to receive under a pooled registered pension plan and that varies as a function of factors that include (a) the amount or rate of return attributable to the investment of the assets of the fund from which the payment is made; and (b) the rate of mortality of the pool of persons who are entitled to receive payments from that fund.  ( paiement viager variable ) variable life payment credit , in relation to a member, means the aggregate value at a particular time of the variable life payments that the member is entitled to receive under a pooled registered pension plan, calculated in the prescribed manner. ( somme des paiements viagers variables ) 160 Section 3 of the Act is replaced by the following: Purpose 3 The purpose of this Act is to provide a legal framework for the establishment and administration of a type of pension plan that is accessible to employees and self-employed persons and that pools funds to achieve lower costs in relation to investment management and plan administration. 161 Section 4 of the Act is replaced by the following: Application of Act 4 This Act applies in respect of a member of a pooled registered pension plan who (a) is employed, other than in one of the territories, in included employment by an employer that participates in the plan; (b) is employed in included employment in a territory or is a self-employed person in a territory; or (c) is part of a prescribed class of members. 162 Section 17 of the Act is replaced by the following: Records 17 An administrator of a pooled registered pension plan must keep records that are sufficient to allow a member’s share of the assets of the plan, as well as a member’s variable life payments and variable life payment credit, to be determined. 163 Subsections 22(4) and (5) of the Act are replaced by the following: Manner of investing (4) The administrator must invest the funds in members’ accounts and in a variable life payment fund, and must do so in a manner that a reasonable and prudent person would apply in respect of a portfolio of investments appropriate for retirement savings. Investment manager (5) The administrator is entitled to engage the services of any investment manager it chooses for the purposes of investing the funds in members’ accounts or in a variable life payment fund. 164 Subsection 23(1) of the Act is replaced by the following: Investment choices 23 (1) A pooled registered pension plan may permit a member to make investment choices with respect to funds in their account from among the investment options offered by the administrator. 165 Section 25 of the Act is replaced by the following: Prohibition — investment choices 25 The administrator must not change an investment choice made by a member under section 23 except on the request of the member or in the circumstances specified in the regulations. 166 (1) Subsection 43(1) of the Act is replaced by the following: Transfer of assets to new plan 43 (1) An employer that provides a pooled registered pension plan to a class of employees and enters into a contract with an administrator to provide a new pooled registered pension plan to that class must cause the assets of the former plan, other than any assets in a variable life payment fund, to be transferred to the new plan and must provide the notification referred to in subsection 41(2) to the employees in that class. (2) Subsection 43(3) of the Act is replaced by the following: Costs (3) The employer is responsible for all of the costs in relation to the transfer of assets under subsection (1) from one pooled registered pension plan to another. 167 Section 44 of the Act is replaced by the following: Termination of membership 44 A member of a pooled registered pension plan, other than one who has become a member under section 39 or 40 or who is entitled to receive variable life payments under the plan, may terminate their membership in the plan by notifying the administrator. 168 (1) Paragraph 47(1)(a) of the Act is replaced by the following: (a) the funds in a member’s account with the plan and a member’s variable life payments, as well as any interest or right in those funds or payments, are not capable of being transferred, charged, attached, anticipated or given as security and that any transaction appearing to do so is void or, in Quebec, null; (2) Paragraphs 47(1)(c) and (d) of the Act are replaced by the following: (c) a member is not permitted to withdraw the funds in their account or in a variable life payment fund; (d) an administrator is not permitted to withdraw the funds from a member’s account or from a variable life payment fund; and (e) a member’s variable life payments, as well as an interest or right in those payments, are not capable of being surrendered or, subject to section 51.6 and subsection 62(12), commuted. 169 The Act is amended by adding the following after section 51: Variable Life Payments Fund and payments 51. 1 Subject to the regulations, a pooled registered pension plan may (a) provide for the establishment, as part of the plan, of a variable life payment fund from which variable life payments are to be paid; and (b) provide that a member who has reached the prescribed age fixed for the purposes of this paragraph may, in order to receive variable life payments, elect to transfer any funds in their account to the variable life payment fund. Conditions on election 51. 2 A member referred to in paragraph 51.1(b) may elect to transfer funds to the variable life payment fund only if the prescribed conditions are met. No accounts in fund 51. 3 A variable life payment fund does not contain individual accounts for members and, for greater certainty, a reference in this Act to a member’s account is not to be construed as referring to funds held within a variable life payment fund. Transfer from variable life payment fund 51. 4 Subject to section 51.6 and subsection 62(12), the administrator may transfer or permit the transfer of any part of the assets of a variable life payment fund to any other pension plan, including another pooled registered pension plan or a pension plan not under federal legislative authority, only with the Superintendent’s permission. Termination 51.5 (1) This section applies with respect to the termination of a variable life payment fund in the case where the pooled registered pension plan is not being terminated. Declaration by Superintendent (2) In the prescribed circumstances, the Superintendent may declare a variable life payment fund to be terminated as of the date that the Superintendent considers appropriate. Notification — employers and members (3) An administrator must, not less than 60 and not more than 180 days before the day on which it terminates a variable life payment fund, provide written notification of the termination to each employer that participates in the plan, each member of the plan and the spouse or common-law partner of each member. The notice must specify the date of the termination. Non-application (4) Subsection (3) does not apply with respect to a spouse or common-law partner of a person who is entitled to receive variable life payments (a) as a result of the person being a survivor of a deceased member; or (b) under section 53 as the result of divorce, annulment, separation or breakdown of a common-law partnership. Notification — Superintendent (5) An administrator must, not less than 60 and not more than 180 days before the day on which it terminates a variable life payment fund, notify the Superintendent of the termination. The notice must specify the date of the termination and be in the form and manner directed by the Superintendent. Termination report (6) On the termination of a variable life payment fund, the administrator must file with the Superintendent, in the form and manner that the Superintendent may direct, a termination report that contains the prescribed information and that is prepared by a person having the prescribed qualifications. Approval of termination report (7) Assets of the variable life payment fund must not be used or transferred for any purpose until the Superintendent has approved the termination report, except that the administrator of the plan may make variable life payments, as they fall due, to the members entitled to receive them. Transfer or purchase on termination 51. 6 On the termination of a variable life payment fund under section 51.5, a member who was receiving variable life payments from the fund is entitled to (a) transfer, for the purpose of making an election to receive variable payments under section 48, their variable life payment credit to an account with the pooled registered pension plan, if the plan provides for such an election; (b) transfer their variable life payment credit to another pooled registered pension plan or another pension plan, if that other plan permits; (c) transfer their variable life payment credit to a retirement savings plan of the prescribed kind for the member; or (d) use their variable life payment credit to purchase an immediate or deferred life annuity of the prescribed kind for the member. Superintendent may direct winding-up 51. 7 If a variable life payment fund has been terminated under section 51.5 and the Superintendent is of the opinion that no action or insufficient action has been taken to wind up the fund, the Superintendent may direct the administrator to distribute the assets of the fund, and may direct that any expenses incurred in connection with that distribution be paid out of the fund, and the administrator must comply with any such direction without delay. 170 (1) Subsection 53(2) of the Act is replaced by the following: Funds in member’s account (2) Subject to subsection (3), the funds in the account of a member of a pooled registered pension plan — and, subject to subsection (4.1) and the regulations, a member’s variable life payments and variable life payment credit — are, on divorce, annulment, separation or breakdown of common-law partnership, subject to provincial law relating to the distribution of property. Non-application of Act (2.1) A member’s variable life payments and variable life payment credit that are subject to provincial law relating to the distribution of property under this section are not subject to the provisions of this Act relating to the valuation or distribution of variable life payments and variable life payment credits, as the case may be. (2) Section 53 of the Act is amended by adding the following after subsection (4): Power to assign (4.1) A member of a pooled registered pension plan may assign all or part of their variable life payments or variable life payment credit to their spouse, former spouse, common-law partner or former common-law partner, effective as of divorce, annulment, separation or breakdown of the common-law partnership, as the case may be. However, a subsequent spouse or common-law partner of the assignee is not entitled to any variable life payments or variable life payment credit under the plan in respect of that assigned portion. (3) The portion of subsection 53(5) of the Act before paragraph (b) is replaced by the following: Duty of administrator (5) On divorce, annulment, separation or breakdown of a common-law partnership, if a court order or an agreement between the parties provides for the distribution of property between a member and their spouse, former spouse or former common-law partner, the administrator must determine and administer the member’s account, their variable life payments and their variable life payment credit in the prescribed manner and in accordance with the court order or the agreement, on receipt of (a) a written request from either the member or their spouse, former spouse or former common-law partner that all or part of the funds in the member’s account, of their variable life payments or of their variable life payment credit be distributed or administered in accordance with the court order or the agreement; and (4) The portion of subsection 53(5) of the English version of the Act after paragraph (b) is replaced by the following: However, in the case of a court order, the administrator must not administer the member’s account, their variable life payments or their variable life payment credit in accordance with the court order until all appeals from that order have been finally determined or the time for appealing has expired. 171 Subsection 54(1) of the Act is amended by adding the following after paragraph (b): (b.1) a member who, while receiving variable life payments under the plan, retains an account with the plan and who notifies the administrator of their intention to transfer or use the funds in their account; 172 (1) The portion of paragraph 57(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) that, other than with respect to variable life payments, each member of the plan will be given, in the prescribed circumstances and manner, and within 45 days after the end of each year or any longer period specified by the Superintendent, a written statement showing (2) Paragraphs 57(1)(d) and (e) of the Act are replaced by the following: (d) that, if a member has provided notice under section 44 or paragraph 54(1)(b.1) or is no longer employed by an employer that is participating in the plan, the administrator must give to the member a statement in the prescribed form within 30 days after the day on which the notice was provided or the employee’s employment with the employer ceased, or any longer period permitted by the Superintendent; (d.1) that, if the plan is terminated under section 62, the administrator must give to the member a statement in the prescribed form within 30 days after the plan’s date of termination — or, if the member was receiving variable life payments under the plan, within 120 days after that date — or any longer period permitted by the Superintendent; and (e) that, in the case of a member’s death, the administrator must give — to the survivor, if there is one, to the member’s designated beneficiary, if the administrator has been notified of the designation and there is no survivor, or, in every other case, to the executor or administrator of the member’s estate or to the liquidator of the member’s succession — a statement in the prescribed form within 30 days after the day on which the administrator received notice of the death or any longer period permitted by the Superintendent. 173 The Act is amended by adding the following after section 57: Variable life payment fund 57.1 (1) A pooled registered pension plan with a variable life payment fund must provide that each person who is receiving variable life payments from the fund will be given the prescribed information in the prescribed circumstances and manner, within the prescribed period or any longer period permitted by the Superintendent. Information — termination of variable life payment fund (2) A pooled registered pension plan with a variable life payment fund must provide that, if the fund is terminated under section 51.5, the administrator must, within 120 days after the termination or any longer period permitted by the Superintendent, give to each person who is receiving variable life payments from the fund a statement in the prescribed form that contains the prescribed information. 174 Subsections 62(10) and (11) of the Act are replaced by the following: Assets not to be used or transferred (10) Assets of the pooled registered pension plan must not be used or transferred for any purpose until the Superintendent has approved the termination report. However, the administrator of the plan may make variable payments and variable life payments, as they fall due, to any persons entitled to receive them. Superintendent may direct winding-up (11) If a pooled registered pension plan has been terminated and the Superintendent is of the opinion that no action or insufficient action has been taken to wind up the plan, the Superintendent may direct the administrator to distribute the funds in the members’ accounts and in any variable life payment fund and may direct that any expenses incurred in connection with that distribution be paid out of the members’ accounts or the variable life payment fund, as the case may be, and the administrator must comply with that direction without delay. Variable life payments — transfer or purchase (12) On the termination of a pooled registered pension plan, a member who was receiving a variable life payment under the plan is entitled to (a) transfer their variable life payment credit to another pooled registered pension plan or another pension plan, if that other plan permits; (b) transfer their variable life payment credit to a retirement savings plan of the prescribed kind for the member; or (c) use their variable life payment credit to purchase an immediate or deferred life annuity of the prescribed kind for the member. 175 Paragraphs 72(a) and (b) of the Act are replaced by the following: (a) any funds in an account with a pooled registered pension plan, any variable life payments or a right or interest in those funds or payments; or (b) any funds withdrawn under section 50, 51.6 or 54 or subsection 62(12), or a right or interest in those funds. 176 Subsection 73(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following: (a.1) a right or interest in a variable life payment; or (b) a right or interest in any funds withdrawn under section 50, 51.6 or 54 or subsection 62(12). 177 (1) Paragraphs 76(1)(e) to (h) of the Act are replaced by the following: (e) respecting the management and investment of funds in members’ accounts and in a variable life payment fund, including the way in which the funds are to be held; (f) respecting the process by which investment options are offered by an administrator under section 23 and choices among those options are made; (g) respecting investment options offered by an administrator under section 23; (h) specifying the circumstances in which an administrator may change an investment choice made by a member under section 23; (2) Paragraphs 76(1)(q) and (r) of the Act are replaced by the following: (p.1) respecting variable life payments and variable life payment funds; (p.2) prescribing the manner in which variable life payment credits are to be determined and fixing the time as of which the determination is to be made; (q) respecting the transfer of funds by the administrator from a pooled registered pension plan; (r) respecting the distribution of the funds from a pooled registered pension plan that is being wound up; R.S., c. H- 6 Consequential Amendment to the Canadian Human Rights Act 178 Paragraph 15(1)(d.1) of the Canadian Human Rights Act is replaced by the following: (d.1) the terms of any pooled registered pension plan provide for variable payments, variable life payments or the transfer of funds only at a fixed age under sections 48, 51.1 and 55, respectively, of the Pooled Registered Pension Plans Act ; Coordinating Amendments 2019, c. 29 179 (1) In this section, other Act means the Budget Implementation Act, 2019, No. 1 . (2) If subsections 145(2) and (3) of the other Act come into force before subsection 148 (3) of this Act, then, on the day on which that subsection 148 (3) comes into force, paragraph (b) of the definition former member in subsection 2(1) of the Pension Benefits Standards Act, 1985 is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after that subparagraph: (ii.1) 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 to any other benefit or option referred to in paragraph 17(b), or (3) If subsection 148 (3) of this Act comes into force before subsections 145(2) and (3) of the other Act, then those subsections 145(2) and (3) are replaced by the following: (2) Paragraph (b) of the definition former member in subsection 2(1) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after that subparagraph: (ii.1) 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 to any other benefit or option referred to in paragraph 17(b), or (4) If subsections 145(2) and (3) of the other Act come into force on the same day as subsection 148 (3) of this Act, then those subsections 145(2) and (3) are deemed to have come into force before that subsection 148 (3) and subsection (2) applies as a consequence. Coming into Force Order in council 180 (1) Sections 148 to 158 — other than subsections 148 (2) and 152 (1), section 153 and subsections 155 (1) and (4), 156 (1) and (2) and 157 (2) and (4) — come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 159 to 178 come into force on a day to be fixed by order of the Governor in Council. DIVISION 3 Measures Related to Money Laundering and to Digital Assets and Other Measures SUBDIVISION A 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act Amendments to the Act 181 Subsection 7.1(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: Disclosure 7.1 (1) Every person or entity referred to in section 5 shall report to the Centre in accordance with the regulations if the person or entity is required to make a disclosure under (a) section 83.1 of the Criminal Code ; (b) section 8 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism ; (c) an order or regulation made under the Special Economic Measures Act ; or (d) subsection 7(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) . 182 The Act is amended by adding the following after section 9.8: Definition of agent or mandatary 9. 9 In sections 9.91 to 9.93, agent or mandatary means an agent or mandatary acting on behalf of a person or entity referred to in paragraph 5(h) to provide any of the services referred to in that paragraph. Agent or mandatary 9. 91 A person or entity referred to in paragraph 5(h) shall (a) not engage a person or entity who is referred to in any of paragraphs 11.11(1)(a) to (f) as an agent or mandatary; and (b) cease engaging an agent or mandatary if they are a person or entity referred to in any of those paragraphs. Duty to verify 9. 92 A person or entity referred to in paragraph 5(h) shall (a) before engaging an agent or mandatary, verify whether they are a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and (b) within 30 days after the second anniversary of the most recent verification of an agent or mandatary under this section, verify whether the agent or mandatary, if they are acting on behalf of the person or entity on that anniversary, is a person or entity referred to in any of those paragraphs. Agent or mandatary — criminal convictions 9.93 (1) A person or entity referred to in paragraph 5(h) shall, in respect of an agent or mandatary, obtain and review the documents referred to in subsection (2) (a) before engaging the agent or mandatary; and (b) within 30 days after the second anniversary of the most recent review carried out in respect of the agent or mandatary under this subsection, if the agent or mandatary is acting on behalf of the person or entity on that anniversary. Documents (2) The documents to be obtained and reviewed are the following: (a) if the agent or mandatary is a person, a document that sets out their record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; or (b) if the agent or mandatary is an entity, for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides. Translation (3) If any document referred to in this section is made in a language other than English or French, the person or entity shall also obtain and review a translation of it into one of those languages that is attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that is competent under the laws of that state to do so. Retention (4) The person or entity shall retain, for a prescribed period and in the prescribed manner, any document obtained under this section as well as any prescribed information. 183 Section 11.1 of the Act is replaced by the following: Registration requirement 11. 1 Except as otherwise prescribed by regulation, every person or entity referred to in paragraph 5(h) or (h.1), those referred to in paragraph 5(l) that issue or sell money orders to, or redeem them from, the public, and every other person or entity that is referred to in section 5 and that is prescribed must register with the Centre. 184 Subsection 11.11(2) of the Act is replaced by the following: Revocation of registration (2) If a person or entity referred to in subsection (1) is registered with the Centre, its registration is revoked as of the day the person or entity becomes ineligible to register under that subsection. If the Centre becomes aware that a person’s or entity’s registration was revoked under this subsection, it must provide, without delay, a written notice of the revocation to that person or entity. 185 (1) Paragraphs 11.12(1)(b) and (c) of the Act are replaced by the following: (b) if the applicant is a person referred to in paragraph 5(h) or (h.1), a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; (c) if the applicant is an entity referred to in paragraph 5(h) or (h.1), for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; (c.1) if the applicant is a person or entity referred to in paragraph 5(h.1), the name and address for service of a person who resides in Canada and who is authorized to accept, on behalf of the person or entity, notices that are served or caused to be served by the Centre under this Act; (c.2) if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or formation; and (2) Section 11.12 of the Act is amended by adding the following after subsection (1): Translation (1.1) If a document referred to in paragraph (1)(b) or (c) is made in a language other than English or French, the application shall include a translation of it into one of those languages attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that this competent under the laws of that state to do so. 186 Subsection 11.13(2) of the Act is replaced by the following: Denial or revocation (2) If the name or address for service of a person referred to in paragraph 11.12(1)(c.1) changes, and an applicant or registered person or entity who is or was required to provide the information described in that paragraph does not, within the period referred to in subsection (1), provide the Centre with the new name or address for service, the Centre shall without delay after becoming aware of that fact deny the application, or revoke the registration, as the case may be, and shall, without delay, inform the applicant or registered person or entity of the denial or revocation. 187 The Act is amended by adding the following after section 11.17: Revocation — contravention 11. 171 The Centre may revoke the registration of a person or entity that contravenes subsection 62(2) or a notice served under section 63.1 and shall, without delay, inform the person or entity of the revocation. 188 Subsection 11.4(3) of the Act is replaced by the following: Precautions against disclosure (3) In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). However, the Court is not required to take those precautions with respect to the appellant’s name and operating name. 189 Subsection 11.42(4) 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) there is a risk that a foreign state, a foreign entity or a person or entity referred to in section 5 may be facilitating the financing of threats to the security of Canada and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system. 190 Section 53.2 of the Act is replaced by the following: Limitation 53.2 (1) The Director shall disclose under subsection 53.1(1) information that would directly or indirectly identify any person or entity only if (a) the person or entity is a foreign entity , as defined in section 11.41; (b) the person or entity is one referred to in section 5; or (c) the information is requested for the purpose of carrying out the Minister’s powers and duties under section 11.7. Clarification (2) For greater certainty, if information referred to in subsection (1) that would directly or indirectly identify any person or entity, other than one referred to in paragraph (1)(a) or (b), is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under subsection 53.1(1), the Director shall provide the document with that information excluded. 191 The Act is amended by adding the following after section 53.3: Information — assessment of risks 53.31 (1) For the purpose of assessing risks to the integrity of the Canadian financial system that may arise from the grant, revocation, suspension or amendment of an approval, the Minister, officers of the Department of Finance, the Director and the Superintendent of Financial Institutions may disclose to each other, and collect from each other, any information that relates both to the approval and to money laundering activities or terrorist financing activities. Limitation — Director (2) The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.1. Definition of approval (3) In subsection (1), approval has the same meaning as in section 973 of the Bank Act , section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act . 192 The Act is amended by adding the following after section 53.31: National security or integrity of financial system 53.32 (1) For the purpose of assisting the Minister in determining whether to grant, revoke, suspend or amend an approval or in exercising the Minister’s powers or performing the Minister’s functions and duties under any of sections 32 to 47 and 96 of the Retail Payment Activities Act , the Director may, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, any information that is under the control of the Centre and that relates to national security or to safeguarding the integrity of Canada’s financial system. Limitation (2) Any information disclosed under subsection (1) may be used by the recipient only for the purpose of deciding whether to grant, revoke, suspend or amend an approval or in the exercise of the powers, or the performance of the functions and duties, referred to in subsection (1). Records (3) The Director shall cause to be kept a record of any request for information referred to in subsection (1) and of any information that is disclosed under that subsection. Definition of approval (4) In this section, approval has the same meaning as in section 973 of the Bank Act , section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act . 193 (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, 53.31 to 53.5, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 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) Paragraph 55(7)(a) of the Act is replaced by the following: (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf; (a.1) the date of birth, gender, country of residence and nature of the occupation or business of a person referred to in paragraph (a), any alias that they use or have used and the name and business address of their employer; (a.2) the nature of the principal business of an entity referred to in paragraph (a), the entity’s registration or incorporation number and the jurisdiction and country of issue of that number; (a.3) the following information in respect of a person or entity referred to in paragraph (a): (i) their address, telephone number and electronic mail address, (ii) any identification number assigned to them by a person or entity who made a report referred to in subsection (1), (iii) the Uniform Resource Locator of their website, and (iv) the type of document or other information used to identify or verify their identity, the jurisdiction and country of issue of the document and the number of the document or the number associated with the information; (3) Paragraphs 55(7)(c) to (d.1) of the Act are replaced by the following: (b.1) the purpose of the transaction, attempted transaction, importation or exportation; (c) in the case of an importation or exportation, the amount and type of currency or monetary instruments; (c.1) in the case of a transaction or attempted transaction, (i) the amount and type of currency, monetary instruments or virtual currency involved, or (ii) if no currency, monetary instruments or virtual currency is involved, the value of the transaction or attempted transaction or the type and value of the funds or other remittances that are the subject of the transaction or attempted transaction; (c.2) the rate of exchange used in relation to the transaction, attempted transaction, importation or exportation; (d) in the case of a transaction or attempted transaction, (i) the manner in which the transaction was conducted or the attempted transaction was to be conducted, (ii) any transaction number, account number, institution number, branch number or similar identifying number involved, (iii) the date on which any account involved is opened or closed, as well as its status, (iv) the posting date, (v) any identification number assigned to a person or entity referred to in paragraph (a) as part of the transaction or attempted transaction, and (vi) the bank identification code or business entity identifier of any person or entity referred to in paragraph (a) that is a member of the Society for Worldwide Interbank Financial Telecommunication; (d.1) in the case of a transaction or attempted transaction involving virtual currency or an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , transaction identifiers, including sending and receiving addresses, and any user name of a person or entity referred to in paragraph (a); (4) Subsection 55(7) of the Act is amended by adding the following after paragraph (d.2): (d.3) in the case of a transaction or attempted transaction that, in whole or in part, is conducted online, the type of device used to conduct the transaction or attempted transaction, as well as the date and time of the transaction or attempted transaction; (d.4) in the case of a transaction, whether it was completed or not; (d.5) in the case of an incomplete transaction or an attempted transaction, the reason it was not completed; (5) Subsection 55(7) of the Act is amended by adding the following after paragraph (h): (h.1) in the case of a transaction or attempted transaction involving an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , any information in respect of the relationships that exist between any persons or entities connected in any way to the transaction or attempted transaction, including any person or entity that initiates or may benefit from it; 194 (1) Subsection 55.1(1) of the Act 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 Office of the Superintendent of Financial Institutions, if the Centre also has reasonable grounds to suspect that the information is relevant to the exercise of the powers or the performance of the duties and functions of the Superintendent under the Office of the Superintendent of Financial Institutions Act . (2) Paragraph 55.1(3)(a) of the Act is replaced by the following: (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf; (a.1) the date of birth, gender, country of residence and nature of the occupation or business of a person referred to in paragraph (a), any alias that they use or have used and the name and business address of their employer; (a.2) the nature of the principal business of an entity referred to in paragraph (a), the entity’s registration or incorporation number and the jurisdiction and country of issue of that number; (a.3) the following information in respect of a person or entity referred to in paragraph (a): (i) their address, telephone number and electronic mail address, (ii) any identification number assigned to them by a person or entity who made a report referred to in subsection 55(1), (iii) the Uniform Resource Locator of their website, and (iv) the type of document or other information used to identify or verify their identity, the jurisdiction and country of issue of the document and the number of the document or the number associated with the information; (3) Paragraphs 55.1(3)(c) to (d.1) of the Act are replaced by the following: (b.1) the purpose of the transaction, attempted transaction, importation or exportation; (c) in the case of an importation or exportation, the amount and type of currency or monetary instruments; (c.1) in the case of a transaction or attempted transaction, (i) the amount and type of currency, monetary instruments or virtual currency involved, or (ii) if no currency, monetary instruments or virtual currency is involved, the value of the transaction or attempted transaction or the type and value of the funds or other remittances that are the subject of the transaction or attempted transaction; (c.2) the rate of exchange used in relation to the transaction, attempted transaction, importation or exportation; (d) in the case of a transaction or attempted transaction, (i) the manner in which the transaction was conducted or the attempted transaction was to be conducted, (ii) any transaction number, account number, institution number, branch number or similar identifying number involved, (iii) the date on which any account involved is opened or closed, as well as its status, (iv) the posting date, (v) any identification number assigned to a person or entity referred to in paragraph (a) as part of the transaction or attempted transaction, and (vi) the bank identification code or business entity identifier of any person or entity referred to in paragraph (a) that is a member of the Society for Worldwide Interbank Financial Telecommunication; (d.1) in the case of a transaction or attempted transaction involving virtual currency or an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , transaction identifiers, including sending and receiving addresses, and any user name of a person or entity referred to in paragraph (a); (4) Subsection 55.1(3) of the Act is amended by adding the following after paragraph (d.2): (d.3) in the case of a transaction or attempted transaction that, in whole or in part, is conducted online, the type of device used to conduct the transaction or attempted transaction, as well as the date and time of the transaction or attempted transaction; (d.4) in the case of a transaction, whether it was completed or not; (d.5) in the case of an incomplete transaction or an attempted transaction, the reason it was not completed; (5) Subsection 55.1(3) of the Act is amended by adding the following after paragraph (h): (h.1) in the case of a transaction or attempted transaction involving an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , any information in respect of the relationships that exist between any persons or entities connected in any way to the transaction or attempted transaction, including any person or entity that initiates or may benefit from it; 195 (1) Paragraph 56.1(5)(a) of the Act is replaced by the following: (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf; (a.1) the date of birth, gender, country of residence and nature of the occupation or business of a person referred to in paragraph (a), any alias that they use or have used and the name and business address of their employer; (a.2) the nature of the principal business of an entity referred to in paragraph (a), the entity’s registration or incorporation number and the jurisdiction and country of issue of that number; (a.3) the following information in respect of a person or entity referred to in paragraph (a): (i) their address, telephone number and electronic mail address, (ii) any identification number assigned to them by a person or entity who made a report referred to in subsection 55(1), (iii) the Uniform Resource Locator of their website, and (iv) the type of document or other information used to identify or verify their identity, the jurisdiction and country of issue of the document and the number of the document or the number associated with the information; (2) Paragraphs 56.1(5)(c) to (d.1) of the Act are replaced by the following: (b.1) the purpose of the transaction, attempted transaction, importation or exportation; (c) in the case of an importation or exportation, the amount and type of currency or monetary instruments; (c.1) in the case of a transaction or attempted transaction, (i) the amount and type of currency, monetary instruments or virtual currency involved, or (ii) if no currency, monetary instruments or virtual currency is involved, the value of the transaction or attempted transaction or the type and value of the funds or other remittances that are the subject of the transaction or attempted transaction; (c.2) the rate of exchange used in relation to the transaction, attempted transaction, importation or exportation; (d) in the case of a transaction or attempted transaction, (i) the manner in which the transaction was conducted or the attempted transaction was to be conducted, (ii) any transaction number, account number, institution number, branch number or similar identifying number involved, (iii) the date on which any account involved is opened or closed, as well as its status, (iv) the posting date, (v) any identification number assigned to a person or entity referred to in paragraph (a) as part of the transaction or attempted transaction, and (vi) the bank identification code or business entity identifier of any person or entity referred to in paragraph (a) that is a member of the Society for Worldwide Interbank Financial Telecommunication; (d.1) in the case of a transaction or attempted transaction involving virtual currency or an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , transaction identifiers, including sending and receiving addresses, and any user name of a person or entity referred to in paragraph (a); (3) Subsection 56.1(5) of the Act is amended by adding the following after paragraph (d.2): (d.3) in the case of a transaction or attempted transaction that, in whole or in part, is conducted online, the type of device used to conduct the transaction or attempted transaction, as well as the date and time of the transaction or attempted transaction; (d.4) in the case of a transaction, whether it was completed or not; (d.5) in the case of an incomplete transaction or an attempted transaction, the reason it was not completed; (4) Subsection 56.1(5) of the Act is amended by adding the following after paragraph (h): (h.1) in the case of a transaction or attempted transaction involving an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , any information in respect of the relationships that exist between any persons or entities connected in any way to the transaction or attempted transaction, including any person or entity that initiates or may benefit from it; 196 (1) Paragraph 58(1)(b) of the Act is replaced by the following: (b) conduct research into trends and developments in the area of money laundering, the financing of terrorist activities and the financing of threats to the security of Canada and into improved ways of detecting, preventing and deterring money laundering, the financing of terrorist activities and the financing of threats to the security of Canada; and (2) Paragraph 58(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (ii.1) and by adding the following after subparagraph (ii.1): (ii.2) the nature and extent of the financing, inside and outside Canada, of threats to the security of Canada, and (3) Subparagraph 58(1)(c)(iii) of the English version of the Act is replaced by the following: (iii) measures that have been or might be taken to detect, prevent and deter the money laundering — as well as the financing of terrorist activities and the financing of threats to the security of Canada — inside or outside Canada, and the effectiveness of those measures. 197 Subsection 58.1(2) of the Act is repealed. 198 The Act is amended by adding the following after section 63: Means of telecommunication 63.01 (1) For the purposes of sections 62 and 63, an authorized person is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — access by means of telecommunication (2) An authorized person 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 shall be remotely in the place for no longer than the period necessary for the purpose referred to in subsection 62(1). 199 Subsection 65(3) of the Act is repealed. 200 Subsection 73.13(1) of the English version of the Act is replaced by the following: Commission of violation 73.13 (1) Every contravention that is designated under paragraph 73.1(1)(a) constitutes a violation and the person or entity that commits the violation is liable to a penalty determined in accordance with sections 73.1 and 73.11. 201 Subsection 73.15(1) of the English version of the Act is replaced by the following: Payment of penalty 73.15 (1) If the person or entity pays the penalty proposed in the notice of violation, the person or entity is deemed to have committed the violation and proceedings in respect of it are ended. 202 The Act is amended by adding the following after section 77.1: Threats and retaliation against employees 77.2 (1) Every person or entity that is an employer, that acts on behalf of an employer or that is in a position of authority in respect of an employee commits an offence if the person or entity takes a disciplinary measure against, demotes, terminates or otherwise adversely affects the employment of an employee, or threatens to do so, (a) with the intent to compel the employee to abstain from fulfilling an obligation under this Act; or (b) with the intent to retaliate against the employee because the employee has fulfilled or taken steps to fulfill any such obligation. Punishment (2) Every person or entity that commits an offence under subsection (1) (a) is guilty of an offence punishable on summary conviction; or (b) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. Offence — structured financial transactions 77.3 (1) Every person or entity commits an offence that directly or indirectly undertakes, or attempts to undertake, a structured financial transaction. Structured financial transactions (2) For the purpose of subsection (1), a structured financial transaction is a series of financial transactions that (a) cause a person or entity referred to in section 5 to be in receipt of cash or virtual currency or involve the initiation of an international electronic funds transfer; (b) would, if they occurred as a single financial transaction, require a person or entity referred to in section 5 to report it to the Centre; and (c) are undertaken with the intent that a person or entity referred to in section 5 will not report a financial transaction to the Centre. Punishment (3) Every person or entity that is guilty of an offence under subsection (1) is liable (a) on summary conviction, to a fine or imprisonment for a term of not more than two years less a day, or to both; or (b) on conviction on indictment, to a fine or imprisonment for a term of not more than five years, or to both. 203 The Act is amended by adding the following after section 77.3: Offence — registration 77. 4 A person or entity referred to in section 11.1 that knowingly engages in an activity for which it is not registered with the Centre is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both. 204 (1) Section 81 of the Act is replaced by the following: Time limitation — five years 81 (1) Proceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2) or paragraph 77.1(a) or 77.2(2)(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose. Time limitation — eight years (2) Proceedings under paragraph 77.3(3)(a) may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose. (2) Subsection 81(2) of the Act is replaced by the following: Time limitation — eight years (2) Proceedings under paragraph 77.3(3)(a) or 77.4(2)(a) may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose. 205 The headings before section 83 of the Act are replaced by the following: PART 6 Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force Transitional Provisions 206 The Act is amended by adding the following after section 83: Definitions 83. 1 The following definitions apply in this section and in sections 83.2 and 83.3. agent or mandatary , in relation to a specified person or entity, means any agent or mandatary acting on the commencement day on behalf of the specified person or entity to provide any of the services referred to in paragraph 5(h). ( mandataire ) commencement day  means the day on which this section and sections 83.2 and 83.3 come into force. ( date de référence ) second anniversary  means the second anniversary of the commencement day. ( deuxième anniversaire ) specified person or entity  means a person or entity referred to in paragraph 5(h). ( personne ou entité déterminée ) Agent or mandatary 83.2 (1) A specified person or entity shall, no later than the second anniversary, (a) verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and (b) obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary. Deeming (2) The verification and review carried out under subsection (1) are deemed to be a verification carried out under section 9.92 and a review carried out under subsection 9.93(1), respectively. Documents — registration 83.3 (1) A specified person or entity that is registered with the Centre on the commencement day shall, in the prescribed form and manner, provide the Centre with the documents referred to in paragraph 11.12(1)(b) or (c) no later than the second anniversary. Translation (2) The obligation to provide a translation set out in subsection 11.12(1.1) applies with respect to those documents. 2021, c. 23 Budget Implementation Act, 2021, No. 1 207 The Budget Implementation Act, 2021, No. 1 is amended by adding the following after section 175: Transitional Provision No ascertainment of expenses in first year 175. 1 The Financial Transactions and Reports Analysis Centre of Canada is not required to ascertain, under subsection 51.1(1) of the Proceeds of Crime (Money Laundering and Terrorist Financing) Act , as enacted by section 165, the total amount of prescribed expenses incurred during the fiscal year in which section 165 comes into force. 208 Subsection 176(2) of the Act is replaced by the following: Order in council (2) Sections 164, 165 and 170 come into force on a day or days to be fixed by order of the Governor in Council. Coordinating Amendment 2021, c. 23 209 On the first day on which both subsection 193 (1) of this Act is in force and section 185 the Budget Implementation Act, 2021, No. 1 has produced its effects, the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering and Terrorist Financing) 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, 53.31 to 53.6, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 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: Coming into Force Order in council 210 (1) Section 181 comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 182 , 185 , 186 , 205 and 206 come into force on a day to be fixed by order of the Governor in Council. Order in council (3) Section 192 comes into force on a day to be fixed by order of the Governor in Council. First anniversary of royal assent (4) Section 203 and subsection 204 (2) come into force on the first anniversary of the day on which this Act receives royal assent. SUBDIVISION B R.S., c. C- 46 Criminal Code Amendments to the Act 211 Subsection 462.32(4.1) of the French version of the Criminal Code is replaced by the following: Restitution des produits (4.1) Sous réserve de la présente loi et de toute autre loi fédérale, l’agent de la paix qui a saisi une chose en vertu d’un mandat délivré par un juge en vertu du présent article peut, avec le consentement du procureur général donné par écrit, restituer la chose saisie, sur réception d’un reçu à cet effet, à la personne qui a droit à la possession légitime de celle-ci si, à la fois : a) il est convaincu qu’il n’y a aucune contestation quant à la possession légitime de la chose saisie; b) il est convaincu que la détention de la chose saisie n’est pas nécessaire aux fins d’une confiscation; c) la chose saisie est restituée avant le dépôt d’un rapport auprès du greffier du tribunal en vertu de l’alinéa (4)b). 212 The Act is amended by adding the following after section 462.32: Special warrant — digital assets 462.321 (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, may be the subject of an order of forfeiture made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to (a) search for the digital assets by using a computer program , as defined in subsection 342.1(2); and (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, may be the subject of such an order of forfeiture. Terms and conditions (2) The warrant shall contain any terms and conditions that the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances. Procedure (3) An application for a warrant under subsection (1) may be made ex parte , shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application. Detention and record of property seized (4) Every person who executes a warrant issued by a judge under this section shall (a) detain or cause to be detained any seized property, taking reasonable care to ensure that it is preserved so that it may be dealt with in accordance with the law; (b) as soon as practicable after the execution of the warrant, cause the following to be sent to the usual place of residence of any person from whom the property is seized if that usual place of residence is in Canada and is known to the person executing the warrant: (i) a copy of the warrant, and (ii) a notice in Form 5.1, varied to suit the case, setting out the address of the court from which a copy of a report on the seized property may be obtained; (c) as soon as practicable after the execution of the warrant but within a period of not more than seven days, prepare a report in Form 5.3, varied to suit the case, identifying the seized property and the manner in which it is being detained, and cause the report to be filed with the clerk of the court; and (d) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the seized property. Return (5) Subject to this or any other Act of Parliament, a peace officer or a person acting on their behalf may, with the written consent of the Attorney General, on being issued a receipt for it, cause the seized property to be returned to the person lawfully entitled to its possession, if (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the seized property; (b) the peace officer is satisfied that the continued detention of the seized property is not required for the purpose of forfeiture; and (c) the seized property is returned before a report is filed with the clerk of the court under paragraph (4)(c). Notice (6) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part of it could not be seized under the warrant. Undertakings by Attorney General (7) Before issuing a warrant under this section, a judge shall require the Attorney General to give any undertakings that the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant. 213 The portion of subsection 462.331(1) of the Act before paragraph (a) is replaced by the following: Management order 462.331 (1) With respect to property seized under section 462.32 or 462.321 or restrained under section 462.33, other than a controlled substance , within the meaning of the Controlled Drugs and Substances Act , or cannabis , as defined in subsection 2(1) of the Cannabis Act , on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may 214 (1) Subsection 462.34(1) of the Act is replaced by the following: Application for review of special warrants and restraint orders 462.34 (1) Any person who has an interest in property that was seized under a warrant issued under section 462.32 or 462.321 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge for (a) an order under subsection (4); (b) permission to examine any seized property that does not consist of digital assets; or (c) an order requiring an accounting of any seized digital assets. (2) The portion of subsection 462.34(6) of the English version of the Act before paragraph (a) is replaced by the following: Conditions to be satisfied (6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding and (3) The portion of paragraph 462.34(6)(a) of the Act before subparagraph (i) is replaced by the following: (a) that a warrant should not have been issued under section 462.32 or 462.321 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, in the case where the application is made by (4) The portion of paragraph 462.34(6)(a) of the English version of the Act after subparagraph (i) is replaced by the following: (ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property; or (5) The portion of subsection 462.34(6) of the English version of the Act after paragraph (b) is repealed. 215 Section 462.341 of the Act is replaced by the following: Application of property restitution provisions 462. 341 Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money, bank-notes or virtual currency or other digital assets that are seized under this Act, the Controlled Drugs and Substances Act or the Cannabis Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2). 216 Subsection 462.35(1) of the Act is replaced by the following: Expiration of special warrants and restraint orders 462.35 (1) Subject to this section, if property has been seized under a warrant issued under section 462.32 or 462.321 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be. 217 Section 462.36 of the Act is replaced by the following: Forwarding to clerk where accused to stand trial 462. 36 If a judge issues a warrant under section 462.32 or 462.321 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed under paragraph 462.32(4)(b) or 462.321(4)(c) or of the restraint order in respect of the property. 218 (1) The portion of subsection 462.43(1) of the Act before paragraph (a) is replaced by the following: Residual disposal of property seized or dealt with under special warrants or restraint orders 462.43 (1) If property has been seized under a warrant issued under section 462.32 or 462.321, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into under paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge (2) The portion of paragraph 462.43(1)(c) of the English version of the Act before subparagraph (i) is replaced by the following: (c) in the case of property seized under a warrant issued under section 462.32 or 462.321 or property under the control of a person appointed under paragraph 462.331(1)(a), 219 (1) Paragraph 462.48(1.1)(b) of the Act is replaced by the following: (b) an offence against subsection 119(1), section 120, subsection 121(1) or (2), section 122 or subsection 123(1) or (2), or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; (b.1) an offence against subsection 279.01(1), 279.011(1) or 279.02(1) or (2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; (b.2) an offence against subsection 346(1) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; (b.3) an offence against paragraph 380(1)(a) or subsection 380(2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; (2) Subsection 462.48(1.1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d): (e) an offence against subsection 3(1) of the Corruption of Foreign Public Officials Act , or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or (f) an offence against section 354, 355.2, 355.4 or 462.31 — or a conspiracy or attempt to commit, or being an accessory after the fact in relation to such an offence — if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of (i) the commission in Canada of an offence referred to in any of paragraphs (a) to (e), or (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in any of those paragraphs. 220 Subsection 487.1(1) of the Act is amended by adding the following after paragraph (j): (j.1) a warrant under subsection 462.321(1); Related Amendments R.S., c. P- 1 Parliament of Canada Act 221 Paragraph 19.7(3)(b) of the Parliament of Canada Act is replaced by the following: (b) an order for a special warrant under section 462.32 or 462.321, 222 Paragraph 52.7(3)(b) of the Act is replaced by the following: (b) an order for a special warrant under section 462.32 or 462.321, R.S., c. 30 (4th Supp.) Mutual Legal Assistance in Criminal Matters Act 223 Subsection 9.1(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following: Enforcement (3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act. 224 Paragraph 9.3(4)(a) of the Act is replaced by the following: (a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code ; 1993, c. 37 Seized Property Management Act 225 Paragraph 4(1)(a) of the Seized Property Management Act is replaced by the following: (a) seized under a warrant issued under section 83.13, 462.32, 462.321 or 487 of the Criminal Code , section 11 of the Controlled Drugs and Substances Act or section 87 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code , subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act , as the case may be; 226 Paragraph 13(3)(b) of the Act is replaced by the following: (b) amounts paid as a result of claims arising from undertakings given by the Attorney General under subsections 462.32(6), 462.321(7) and 462.33(7) of the Criminal Code ; 227 Paragraph 16(b) of the Act is replaced by the following: (b) to pay claims arising from undertakings given by the Attorney General under subsections 462.32(6), 462.321(7) and 462.33(7) of the Criminal Code , and Coming into Force 90 days 228 This Subdivision comes into force on the 90th day after the day on which this Act receives royal assent. DIVISION 4 Preferential Tariff Programs for Developing Countries 1997, c. 36 Customs Tariff 229 The heading before section 17 and sections 17 and 18 of the Customs Tariff are replaced by the following: Direct Shipment Shipment to Canada 17 (1) For the purposes of this Act, goods are shipped directly to Canada from another country when the goods are shipped to Canada from that other country in accordance with the regulations. Regulations (2) For the purposes of determining whether goods are shipped directly to Canada, the Governor in Council may, on the recommendation of the Minister, make regulations respecting the shipping of goods. 230 Paragraph 24(1)(b) of the Act is amended by adding the following after subparagraph (ii): (ii.1) paragraph 36.2(1)(a), 231 Section 27 of the Act is amended by adding the following in alphabetical order: GPTP  refers to the General Preferential Tariff Plus. ( TPGP ) 232 Section 36 of the Act is replaced by the following: Expiry date 36 Sections 33 to 35 cease to have effect on December 31, 2034 or on any earlier date that may be fixed by order of the Governor in Council. General Preferential Tariff Plus Application of GPTP 36.1 (1) Subject to sections 24 and 36.3 and any order made under section 36.2, goods that originate in a country set out in the List of Countries as a beneficiary of the General Preferential Tariff Plus are entitled to the General Preferential Tariff Plus rates of customs duty. “A” final rate (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “GPTP” in relation to goods entitled to the General Preferential Tariff Plus, the General Preferential Tariff Plus rate of customs duty that applies to those goods is the final rate. “F” staging for GPTP (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “GPTP” in relation to goods entitled to the General Preferential Tariff Plus, the General Preferential Tariff Plus rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. Extension or withdrawal of entitlement 36.2 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to (a) extend entitlement to the General Preferential Tariff Plus to any goods that originate in a country that is a beneficiary of the General Preferential Tariff, if, in the opinion of the Governor in Council, that country conforms to international norms relating to sustainable development and labour and human rights; (b) withdraw entitlement to the General Preferential Tariff Plus from any goods that originate in a country that is a beneficiary of that Tariff; and (c) reduce a rate of customs duty set out following the abbreviation “GPTP” in the column entitled “Preferential Tariff” in the List of Tariff Provisions and the “F” Staging List. Contents of order (2) An order made under subsection (1) (a) must specify the date on which the order becomes effective; (b) must, if the order partially extends entitlement to the General Preferential Tariff Plus, indicate the goods to which that Tariff is extended; (c) may exempt the goods from the conditions set out in subsection 24(1) and prescribe any conditions that apply; and (d) must, if the order wholly or partially withdraws entitlement to the General Preferential Tariff Plus, indicate the goods to which the General Preferential Tariff applies as a consequence. Application of tariff rate quota 36.3 (1) The Governor in Council may, on the recommendation of the Minister, by order, apply a tariff rate quota in respect of goods imported from one or more countries entitled to the General Preferential Tariff Plus for a period specified in the order. Tariff treatment if tariff rate quota exceeded (2) Goods imported in excess of a tariff rate quota applied under an order under subsection (1) are subject to the tariff treatment that would be applicable to those goods if they were not entitled to the General Preferential Tariff Plus. Expiry date 36. 4 Sections 36.1 to 36.3 cease to have effect on December 31, 2034 or on any earlier date that may be fixed by order of the Governor in Council. 233 Section 40 of the Act is replaced by the following: Expiry date 40 Sections 37 to 39 cease to have effect on December 31, 2034 or on any earlier date that may be fixed by order of the Governor in Council. Coming into Force Order in council 234 Section 229 comes into force on a day to be fixed by order of the Governor in Council. DIVISION 5 Removal of Most-Favoured-Nation Tariff Treatment for Belarus and Russia 1997, c. 36 Customs Tariff 235 The List of Countries and Applicable Tariff Treatments set out in the schedule to the Customs Tariff is amended by deleting the symbol “X” in the column under the heading “MFN” opposite “Belarus” and “Russia” in the column under the heading “Country Name”. Coming into Force SOR/2022-209 236 Section 235 comes into force, or is deemed to have come into force, on the day after the day on which the Most-Favoured-Nation Tariff Withdrawal Order (2022-2) ceases to have effect. DIVISION 6 Non-application of Sections 27 and 27.1 of the Bank of Canada Act Losses — Government of Canada Bond Purchase Program 237 Despite sections 27 and 27.1 of the Bank of Canada Act , any ascertained surplus of the Bank of Canada during a financial year must be applied to the Bank of Canada’s retained earnings until the earlier of the following events occurs: (a) the Bank of Canada’s retained earnings are equal to zero, and (b) the ascertained surplus applied to the Bank of Canada’s retained earnings is equal to its losses arising from the purchase of Government of Canada securities as part of the Government of Canada Bond Purchase Program from April 1, 2020 to April 25, 2022. DIVISION 7 Canada Innovation Corporation Act Enactment of Act Enactment 238 The Canada Innovation Corporation Act is enacted as follows: An Act respecting the Canada Innovation Corporation Alternative Title Alternative title 1 This Act may be cited as the Canada Innovation Corporation Act . Interpretation Definitions 2 The following definitions apply in this Act. appropriate Minister  has the same meaning as in section 2 of the Financial Administration Act . ( ministre compétent ) Board  means the board of directors of the Corporation. ( conseil ) Corporation  means the Canada Innovation Corporation continued under section 5 . ( Corporation ) federal institution  means (a) a department , as defined in section 2 of the Financial Administration Act ; or (b) a Crown corporation , as defined in subsection 83(1) of that Act. ( institution fédérale ) Minister  means the Minister of Industry or, if another federal minister is designated under section 4 , that minister.‍ ( ministre ) Inconsistency 3 In the event of any inconsistency between this Act and Part X of the Financial Administration Act , this Act prevails to the extent of the inconsistency. Designation of Minister Order in council 4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act. Continuation and Status Continuation 5 The Canada Innovation Corporation, incorporated under the Canada Business Corporations Act , is continued as a corporation under this Act. Head office 6 The head office of the Corporation is to be at a place in Canada that is designated by the Governor in Council. Not Crown agent 7 The Corporation is not an agent of His Majesty in right of Canada, except when (a) providing advice to a federal institution at the request of the appropriate Minister; (b) developing, delivering or administering programs under paragraph 10 (e); (c) negotiating arrangements or agreements or carrying out any activities related to such arrangements or agreements under paragraph 10 (f); or (d) carrying out any activity conducive to the carrying out of its purpose that the Governor in Council may, by order, specify. Capacity 8 In carrying out its purpose, the Corporation has the capacity, rights, powers and privileges of a natural person. Purpose and Functions Purpose 9 The purpose of the Corporation is to maximize business investment in research and development across all sectors of the economy and in all regions of Canada to promote innovation-driven economic growth. Functions 10 In carrying out its purpose, the Corporation may (a) act as a centre of expertise on national and international industrial and technology trends; (b) promote the ownership and retention of intangible assets in Canada; (c) monitor, analyze and disseminate information on research and development in Canada, including for the purposes of supporting the evaluation of programs related to its purpose and improving those programs; (d) provide financial support, including in the form of grants, or advice; (e) at the request of the appropriate Minister, made after consultation by the appropriate Minister with the Minister, develop, deliver or administer a program on behalf of a federal institution to the extent that the Corporation is able to recover the incurred costs that are specified by the Board; (f) at the request of the appropriate Minister, made after consultation by the appropriate Minister with the Minister, negotiate arrangements or agreements with foreign entities on behalf of a federal institution or carry out any activities related to such arrangements or agreements on behalf of a federal institution; and (g) carry out any other function conducive to the carrying out of its purpose that the Governor in Council may, by order, specify. Board, Chief Executive Officer and Employees Composition of Board 11 The Board consists of a chairperson and not fewer than four and not more than 11 other directors. Appointment of directors 12 (1) Each director, other than the chairperson, is to be appointed by the Minister, after consultation by the Minister with the Minister of Finance and the Board and with the approval of the Governor in Council, for a term of not more than four years that will ensure, to the extent possible, the expiry in any one year of the terms of office of not more than one half of the directors. Federal public administration (2) No more than two of the directors appointed under subsection (1) may be appointed from among persons who occupy a position in the federal public administration. Appointment of chairperson (3) The chairperson is to be appointed by the Minister, after consultation by the Minister with the Minister of Finance and the Board and with the approval of the Governor in Council, for a term that the Governor in Council considers appropriate. Ineligibility — chairperson (4) A person is not eligible to be appointed or to continue as the chairperson if they occupy a position in the federal public administration. Continuation in office (5) The chairperson may, with the authorization of the Board, continue in office after the expiration of their term of office until the earlier of (a) the 180th day after the day on which their term of office ends, and (b) the day on which they are reappointed or their successor is appointed. Absence or incapacity — chairperson (6) If the chairperson is absent or unable to act or the office of chairperson is vacant, the Board may authorize one of the other directors to act as chairperson, but that person is not authorized to act as chairperson for a period of more than 180 days without the approval of the Governor in Council. Removal from office (7) The chairperson and each of the other directors holds office during pleasure and may be removed by the Minister after consultation by the Minister with the Minister of Finance and the Board and with the approval of the Governor in Council. Appointment of chief executive officer 13 (1) The chief executive officer of the Corporation is to be appointed by the Minister, after consultation by the Minister with the Minister of Finance, from among persons nominated by the Board, for a term that the Minister considers appropriate. No overlapping offices (2) A person is not entitled to hold the offices of director and chief executive officer at the same time. Reappointment (3) The chief executive officer is eligible to be reappointed at the end of their term of office. Continuation in office (4) The chief executive officer may, with the authorization of the Board, continue in office after the expiration of their term of office until the earlier of (a) the 180th day after the day on which their term of office ends, and (b) the day on which they are reappointed or their successor is appointed. Absence or incapacity — chief executive officer (5) If the chief executive officer is absent or unable to act or the office of chief executive officer is vacant, the Board may authorize an officer or employee of the Corporation to act as chief executive officer, but that person is not authorized to act as chief executive officer for a period of more than 180 days unless the Minister, after consultation by that Minister with the Minister of Finance, approves a longer period. Removal from office (6) The chief executive officer holds office during pleasure and may be removed by the Minister after consultation by the Minister with the Minister of Finance and the Board. Attendance of chief executive officer at meetings 14 Subject to any by-law of the Board, the chief executive officer may attend meetings of the Board or any committee of the Board. Accident compensation 15 The directors, chief executive officer and employees of the Corporation 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 . Guidelines 16 (1) The Board must establish guidelines respecting conflicts of interest and confidential information. Copy to Minister (2) The Board must, after establishing or modifying the guidelines, provide a copy of the guidelines to the Minister. Modifications (3) The Minister may, after consulting the Board, modify the guidelines respecting conflicts of interest as they apply to the chief executive officer. Sections 116 and 117 of Financial Administration Act (4) The guidelines respecting conflicts of interest must be consistent with sections 116 and 117 of the Financial Administration Act . Evaluation committee 17 (1) The Board must establish an evaluation committee that is responsible for advising the Corporation on matters relating to the provision of financial support by the Corporation. Directors not eligible (2) Directors are not eligible to be members of the committee. By-laws (3) The Board may make by-laws respecting the committee, including respecting the matters relating to the provision of financial support on which it is to advise the Corporation and respecting the expertise of its members. Miscellaneous Provisions Restriction on directives 18 A directive must not be given to the Corporation under subsection 89(1) of the Financial Administration Act requiring the Corporation to provide financial support to a specific entity or a group of specific entities or requiring the Corporation to provide advice to a specific entity or a group of specific entities. Disclosure of information to federal institutions 19 (1) The Corporation may disclose any information in its possession to a federal institution if that disclosure is related to the carrying out of the Corporation’s purpose. Disclosure of information to Corporation (2) A federal institution may disclose any information in its possession to the Corporation if that disclosure is related to the carrying out of the Corporation’s purpose. Payments out of Consolidated Revenue Fund 20 (1) Subject to subsection (2), the Minister must pay out of the Consolidated Revenue Fund the following amounts, or any greater amounts specified in an appropriation Act, to the Corporation: (a) for the financial year ending March 31, 2024, $198,000,000; (b) for the financial year ending March 31, 2025, $775,000,000; (c) for the financial year ending March 31, 2026, $800,000,000; (d) for the financial year ending March 31, 2027, $800,000,000; and (e) for each subsequent financial year, $525,000,000. Withholding of payment (2) The Minister may, with the approval of the Minister of Finance, withhold all or part of the payment for a financial year. Consultation with Board (3) The Minister must consult the Board before withholding all or part of a payment. Report (4) If the Minister withholds a payment, the Minister must cause a report setting out the reasons for withholding the payment to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the payment has been withheld. Payments to Receiver General 21 (1) Within three months after the end of each financial year, the Corporation must pay to the Receiver General the money of the Corporation that was in excess of $66,000,000 at the end of that financial year. Non-application (2) Sections 130 to 130.2 of the Financial Administration Act do not apply in respect of the Corporation. Financial year 22 The financial year of the Corporation is the period of 12 months beginning on April 1 and ending on the next March 31. Quarterly financial reports 23 The following information must be included in the quarterly financial report that the Corporation is required to cause to be prepared under subsection 131.1(1) of the Financial Administration Act : (a) the name of each entity with which the Corporation entered into an agreement or arrangement in that quarter to provide financial support; and (b) the amount of the financial support provided for in each agreement or arrangement. Annual reports 24 The following information must be included in the annual report that the Corporation is required to submit under subsection 150(1) of the Financial Administration Act : (a) information relating to each program that it developed, delivered or administered under paragraph 10 (e) in the financial year; (b) the name of each entity to which it provided financial support of $100,000 or more in that year and the amount of that financial support; and (c) the number of entities to which it provided financial support of less than $100,000 in that year and the total amount of the financial support provided to those entities. Transitional Provisions Definitions 25 The following definitions apply in sections 26 to 35 . Director  has the same meaning as in subsection 2(1) of the Canada Business Corporations Act . ( directeur ) former Corporation  means the Canada Innovation Corporation incorporated under the Canada Business Corporations Act .  ( ancienne Corporation ) new Corporation  means the Canada Innovation Corporation continued under section 5 . ( nouvelle Corporation ) Copy of order provided to Director 26 (1) The Minister must provide the Director with a copy of the order made under subsection 241 (1) of the Budget Implementation Act, 2023, No. 1 . Deeming (2) For the purposes of the Canada Business Corporations Act , the copy of the order is deemed to be a notice referred to in subsection 188(7) of that Act, satisfactory to the Director, that the former Corporation has been continued under one of the Acts referred to in subsection 188(2) of that Act. Transfer of shares 27 All the shares of the former Corporation are transferred to the Minister to hold in trust for His Majesty in Right of Canada. Chairperson’s interim powers 28 During the period beginning on the day on which this section comes into force and ending on the day on which at least four other directors are in office, the chairperson comprises the Board and may exercise all the powers of the Board. Rights preserved 29 For greater certainty, (a) subject to subsections 12 (7) and 13 (6), the chairperson, directors and chief executive officer of the former Corporation who hold office immediately before the day on which this section comes into force continue to hold office as the chairperson, directors and chief executive officer, respectively, of the new Corporation for the remainder of the term for which they were appointed; (b) the property and rights of the former Corporation continue to be the property and rights of the new Corporation; (c) the new Corporation continues to be liable for the obligations of the former Corporation; (d) unless the context otherwise requires, every reference to the former Corporation in any contract, instrument or act or other document executed or signed by the former Corporation is to be read as a reference to the new Corporation; (e) an existing cause of action, claim or liability to prosecution relating to the former Corporation is unaffected; (f) a civil, criminal or administrative action or proceeding pending by or against the former Corporation may be continued by or against the new Corporation; and (g) a conviction against, or ruling, order or judgment in favour of or against, the former Corporation may be enforced by or against the new Corporation. Industrial Research Assistance Program 30 (1) Any person who, immediately before the day on which this section comes into force, occupied a position within the Industrial Research Assistance Program of the National Research Council of Canada, beginning on that day, occupies their position within the new Corporation. No change in status (2) Nothing in subsection (1) or in any regulations made under section 35 is to be construed as affecting the status of such a person except that, beginning on the day on which this section comes into force, the person occupies their position within the new Corporation. Managerial or confidential position (3) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. Transfer of appropriations 31 If this section comes into force before March 31, 2024, any money that is appropriated by an Act of Parliament, for the financial year in which this section comes into force, to defray any expenditure of the National Research Council of Canada that is related to the Industrial Research Assistance Program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the new Corporation. The Minister must pay that amount to the new Corporation. Transfer of rights, property and obligations 32 All rights and property of the National Research Council of Canada that are related to the Industrial Research Assistance Program and of His Majesty in right of Canada that are under the administration and control of the National Research Council of Canada and are related to the Industrial Research Assistance Program and all obligations of the National Research Council of Canada that are related to the Industrial Research Assistance Program are transferred to the new Corporation. Transfer of powers, duties and functions 33 If a power, duty or function is, under any contract, lease, licence or other document, vested in or exercisable by a person who, immediately before the day on which this section comes into force, occupied a position within the Industrial Research Assistance Program of the National Research Council of Canada, the power, duty or function is vested in and is to be exercised by the new Corporation. Information about Industrial Research Assistance Program 34 The National Research Council of Canada may disclose any information that is under its control and that is related to the Industrial Research Assistance Program to the new Corporation. Regulations 35 The Governor in Council may make regulations respecting the transfer of the Industrial Research Assistance Program of the National Research Council of Canada to the new Corporation, including regulations respecting the manner in which rights, property and obligations are to be transferred under section 32 and any restrictions on those transfers. Consequential and Related Amendments R.S., c. F- 11 Financial Administration Act 239 Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order: Canada Innovation Corporation Corporation d’innovation du Canada R.S., c. P- 36 Public Service Superannuation Act 240 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Chief executive officer and employees of the Canada Innovation Corporation Premier dirigeant et personnel de la Corporation d’innovation du Canada Coming into Force Order in council 241 (1) Sections 1 to 29 , 34 and 35 of the Canada Innovation Corporation Act , as enacted by section 238 of this Act, and sections 239 and 240 of this Act come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 30 to 33 of the Canada Innovation Corporation Act , as enacted by section 238 of this Act, come into force on a day to be fixed by order of the Governor in Council. DIVISION 8 R.S., c. F-8; 1995, c. 17, s. 45 Federal-Provincial Fiscal Arrangements Act (Canada Health Transfer) 242 The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.73: Total payment of $2 billion 24. 74 The Minister may pay an additional cash payment equal to (a) for Ontario, $776,262,000; (b) for Quebec, $447,067,000; (c) for Nova Scotia, $52,306,000; (d) for New Brunswick, $41,674,000; (e) for Manitoba, $72,450,000; (f) for British Columbia, $273,238,000; (g) for Prince Edward Island, $8,759,000; (h) for Saskatchewan, $61,385,000; (i) for Alberta, $233,120,000; (j) for Newfoundland and Labrador, $27,051,000; (k) for Yukon, $2,252,000; (l) for the Northwest Territories, $2,348,000; and (m) for Nunavut, $2,088,000. Coordinating Amendments — Bill C-46 242.1 (1) Subsections (2) to (4) apply if Bill C-46, introduced in the 1st Session of the 44th Parliament and entitled the Cost of Living Relief Act, No. 3 (in this section referred to as the “other Act”), receives royal assent. (2) If section 2 of the other Act comes into force before section 242 of this Act, then that section 242 is deemed never to have come into force and is repealed. (3) If section 242 of this Act comes into force before section 2 of the other Act, that section 2 is deemed never to have come into force and is repealed. (4) If section 2 of the other Act comes into force on the same day as section 242 of this Act, then that section 242 is deemed never to have come into force and is repealed. DIVISION 9 R.S., c. F-8; 1995, c. 17, s. 45(1) Federal-Provincial Fiscal Arrangements Act (Equalization and Territorial Financing Renewal and Other Amendments) Amendments to the Act 243 Section 3 of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: Fiscal equalization payment 3 Subject to the other provisions of this Act, there may be paid to a province a fiscal equalization payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2029. 244 (1) The definition revenue to be equalized in subsection 3.5(1) of the Act is replaced by the following: revenue to be equalized  means, in respect of a revenue source for a province for a fiscal year,   (a) the revenue, as determined by the Minister, derived by that province for that fiscal year from that revenue source; and (b) in the case of a revenue source other than a revenue source referred to in paragraph (e) of the definition revenue source , the product obtained by multiplying the sum of miscellaneous revenues derived by that province for the fiscal year by the quotient obtained by dividing the sum of revenues from that revenue source derived by all provinces for that fiscal year by the sum of all revenues derived by all provinces from the revenue sources referred to in paragraphs (a) to (d) of the definition revenue source for that fiscal year. It may be defined more particularly by the regulations. ( revenu sujet à péréquation ) (2) Paragraph (d) of the definition revenue source in subsection 3.5(1) of the Act is replaced by the following: (d) revenues derived from property taxes; and (3) Subsection 3.5(3) of the Act is replaced by the following: Municipal revenues (3) For the purposes of this Part, the revenue derived by each municipality, board, commission or other local authority in a province that has power to derive those revenues for the financial year of each such local authority ending in that fiscal year is both deemed to be revenue derived by that province and (a) in the case of local government property taxes, property taxes within the meaning of paragraph (d) of the definition revenue source in subsection (1); and (b) in the case of other miscellaneous local government taxes and revenues, included in miscellaneous revenues for the purpose of the definition revenue to be equalized in subsection (1). 245 (1) The definition revenue to be equalized in subsection 4(1) of the Act is replaced by the following: revenue to be equalized , in respect of a revenue source for a territory for a fiscal year, means (a) the revenue, as determined by the Minister, derived by that territory for that fiscal year from that revenue source; and (b) in the case of a revenue source referred to in paragraphs (a), (b), (h) and (i) of the definition revenue source , the product obtained by multiplying the sum of miscellaneous revenues derived by that territory for the fiscal year by the quotient obtained by dividing the sum of revenues from that revenue source derived by all territories for that fiscal year by the sum of all revenues derived by all territories from the revenue sources referred to in paragraphs (a), (b), (h) and (i) of the definition revenue source for the fiscal year. It may be defined more particularly by the regulations. ( revenu sujet à péréquation ) (2) Paragraph (h) of the definition revenue source in subsection 4(1) of the Act is replaced by the following: (h) revenues derived from property taxes; and 246 Subsection 4.1(1) of the Act is replaced by the following: Territorial formula financing payments 4.1 (1) Subject to the other provisions of this Act, there may be paid to a territory a territorial formula financing payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2014 and ending on March 31, 2029. 247 Subsection 6(2) of the Act is replaced by the following: Adjustment (2) For the purposes of determining the amount under subsection (1), the Minister may adjust, in the prescribed manner, the natural resource revenue and the non-natural resource revenue of a province for the fiscal year (a) to offset the amount, as determined by the Minister, of any change in either of those revenues for the fiscal year resulting from changes made by the province in the rates or structure of provincial taxes or of other means of raising the revenue of the province from the rates or structures in effect in the preceding fiscal year; and (b) to account for the absence of indexation in a provincial personal income tax system. 248 Section 40 of the Act is amended by adding the following after paragraph (a.4): (a.5) providing for the provincial and territorial revenues that constitute miscellaneous revenues for the purposes of the definition revenue to be equalized in subsections 3.5(1) and 4(1); (a.6) respecting what constitutes the absence of indexation in a provincial personal income tax system for the purpose of paragraph 6(2)(b); 248. 1 The Act is amended by adding the following after section 41: Publication Publication of amounts authorized 42 The Minister shall publish the details of all amounts authorized to be paid under this Act on the website of the Department of Finance as soon as feasible after the payment of such amounts. Application Sections 243 to 246 249 The provisions of the Federal-Provincial Fiscal Arrangements Act enacted by sections 243 to 246 of this Act apply to fiscal years that begin after March 31, 2024. Section 247 250 The provisions of the Federal-Provincial Fiscal Arrangements Act enacted by section 247 of this Act apply to fiscal years that begin after March 31, 2021. Transitional Provision Continuation 251 The provisions of Parts I and I.1 of the Federal-Provincial Fiscal Arrangements Act — and of any regulations made under that Act — as they read immediately before the day on which this Act receives royal assent continue to apply to fiscal years that end before April 1, 2024. DIVISION 10 Economic Sanctions 1992, c. 17 Special Economic Measures Act 252 The heading before section 2 of the French version of the Special Economic Measures Act is replaced by the following: Définitions et interprétation 253 The Act is amended by adding the following after section 2: Deemed ownership 2.1 (1) If a person controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that person. Criteria (2) For the purposes of subsection (1), a person controls an entity, directly or indirectly, if any of the following criteria are met: (a) the person holds, directly or indirectly, 50% or more of the shares or ownership interests in the entity or 50% or more of the voting rights in the entity; (b) the person is able, directly or indirectly, to change the composition or powers of the entity’s board of directors; or (c) it is reasonable to conclude, having regard to all the circumstances, that the person is able, directly or indirectly and through any means, to direct the entity’s activities. 254 (1) Paragraph 4(1)(b) of the Act is replaced by the following: (b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by a foreign state or a person who is identified in an order or regulation made under paragraph (1)(a). (2) Paragraphs 4(2)(a) to (c) of the Act are replaced by the following: (a) any dealing by any person in Canada or Canadian outside Canada in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by that foreign state, any person in that foreign state, a national of that foreign state who does not ordinarily reside in Canada or a person outside Canada who is not Canadian; (b) the exportation, sale, supply or shipment by any person in Canada or Canadian outside Canada of any goods wherever situated to that foreign state, any person in that foreign state or a person outside Canada who is not Canadian, or any other dealing by any person in Canada or Canadian outside Canada in any goods wherever situated destined for that foreign state, any person in that foreign state or a person outside Canada who is not Canadian; (c) the transfer, provision or communication by any person in Canada or Canadian outside Canada of any technical data to that foreign state, any person in that foreign state or a person outside Canada who is not Canadian; (3) Paragraph 4(2)(e) of the Act is replaced by the following: (e) the provision or acquisition by any person in Canada or Canadian outside Canada of financial services or any other services to, from or for the benefit of or on the direction or order of that foreign state, any person in that foreign state or a person outside Canada who is not Canadian; (e.1) the transfer or provision by any person in Canada or Canadian outside Canada of property other than goods to that foreign state, any person in that foreign state, a national of that foreign state who does not ordinarily reside in Canada or a person outside Canada who is not Canadian; (4) Paragraphs 4(2)(h) and (i) of the Act are replaced by the following: (h) the docking in or passage through Canada by ships registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state, any person in that foreign state or a person outside Canada who is not Canadian; and (i) the landing in or flight over Canada by aircraft registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state, any person in that foreign state or a person outside Canada who is not Canadian. 255 Paragraph 5.2(a) of the Act is replaced by the following: (a) the person is the foreign state identified in the order or a person identified in the order; or 256 Subsection 5.4(4) of the Act is replaced by the following: Application by person (4) Any person — other than a person referred to in paragraph 5.2(a) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right. 257 Section 6.1 of the Act is amended by adding the following after paragraph (d): (d.1) the Minister of Transport; (d.2) the Minister of National Revenue; (d.3) the Minister of Justice and Attorney General of Canada; (d.4) the Minister of Citizenship and Immigration; 258 The Act is amended by adding the following after section 6.2: FINTRAC 6. 21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1). 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 259 Subsection 55(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (f.1) and by adding the following after paragraph (g): (h) the Minister of Foreign Affairs or a Minister designated under subsection 6(2) of the Special Economic Measures Act , if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; and (i) the Minister of Foreign Affairs or a Minister designated under subsection 2.1(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) , if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act. 2017, c. 21 Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 260 The heading before section 2 of the French version of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is replaced by the following: Définitions et interprétation 261 The Act is amended by adding the following after section 2: Deemed ownership 2.01 (1) If a foreign national controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that foreign national. Criteria (2) For the purposes of subsection (1), a foreign national controls an entity, directly or indirectly, if any of the following criteria are met: (a) the foreign national holds, directly or indirectly, 50% or more of the shares or ownership interests in the entity or 50% or more of the voting rights in the entity; (b) the foreign national is able, directly or indirectly, to change the composition or powers of the entity’s board of directors; or (c) it is reasonable to conclude, having regard to all the circumstances, that the foreign national is able, directly or indirectly and through any means, to direct the entity’s activities. Minister 262 Paragraph 4(1)(b) of the Act is replaced by the following: (b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by a foreign national who is identified in an order or regulation made under paragraph (1)(a). 263 Section 7.1 of the Act is amended by adding the following after paragraph (d): (d.1) the Minister of Transport; (d.2) the Minister of National Revenue; (d.3) the Minister of Justice and Attorney General of Canada; (d.4) the Minister of Citizenship and Immigration; 264 The Act is amended by adding the following after section 7.2: FINTRAC 7. 21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1). DIVISION 11 R.S., c. P- 24 Privileges and Immunities (North Atlantic Treaty Organisation) Act 265 The long title of the Privileges and Immunities (North Atlantic Treaty Organisation) Act is replaced by the following: An Act to provide for privileges and immunities in respect of the North Atlantic Treaty Organisation and any international military Headquarters or organisation established under that Treaty 266 Sections 2 and 3 of the Act are replaced by the following: Definitions 2 The following definitions apply in this Act. Ottawa Agreement  means the Agreement on the status of the North Atlantic Treaty Organisation, National Representatives and International Staff, done at Ottawa on September 20, 1951. ( Convention d’Ottawa ) Paris Protocol  means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris on August 28, 1952. ( Protocole de Paris ) Approval 3 The Ottawa Agreement set out in Schedule 1 and the Paris Protocol set out in Schedule 2 are approved. Power to make orders 4 The Governor in Council may make any orders that the Governor in Council considers necessary for the purpose of carrying out the obligations and exercising the rights of Canada under the Ottawa Agreement, the Paris Protocol and any agreement under Article 25 of that Agreement or paragraph 2 of Article 16 of that Protocol. Orders — Headquarters or organization 5 The Governor in Council may make any orders that the Governor in Council considers necessary to enable any international military Headquarters or organization established under the North Atlantic Treaty to exercise its powers or perform its functions in Canada, including any orders that impose obligations and confer rights, privileges and immunities comparable to those under the Paris Protocol. Certificate 6 A certificate issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions is admissible in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate: (a) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization is the subject of an order made under section 4 or 5; (b) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization has privileges or immunities provided by an order made under section 4 or 5; (c) whether any person has privileges or immunities provided by an order made under section 4 or 5. 267 The schedule to the Act is numbered as Schedule 1. 268 Schedule 1 to the Act is amended by replacing the reference after the heading “SCHEDULE 1” with the following: (Section 3) 269 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to this Act. DIVISION 12 2017, c. 20, s. 451 Service Fees Act Amendments to the Act 270 (1) Paragraph (e) of the definition fee in subsection 2(1) of the Service Fees Act is replaced by the following: (e) the provision of a regulatory process. ( frais ) (2) Section 2 of the Act is amended by adding the following after subsection (2): Non-application of Act (3) This Act does not apply to a fee if (a) the fee is fixed under the Access to Information Act or the Privacy Act ; or (b) the fee is paid only by or on behalf of a minister or federal entity. 271 (1) Section 3 of the Act is replaced by the following: Non-application — sections 4 to 7 3 Sections 4 to 7 do not apply to a fee if (a) the fee is fixed by contract; (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or (c) the fee is referred to in paragraph (d) of the definition fee . (2) Paragraph 3(b) of the Act is replaced by the following: (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or 272 (1) Section 9 of the Act is replaced by the following: Non-application — sections 10 to 15 9 Sections 10 to 15 do not apply to a fee if (a) the fee is fixed by contract; (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; (c) the fee is fixed by a regulation , as defined in subsection 2(1) of the Statutory Instruments Act , that is published in Part I of the Canada Gazette before it is made; or (d) an Act of Parliament other than this Act requires consultation before the fee is fixed. (2) Paragraph 9(b) of the Act is replaced by the following: (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; 273 (1) The portion of section 16 of the English version of the Act before paragraph (a) is replaced by the following: Non-application — sections 17 and 18 16 Sections 17 and 18 do not apply to a fee if (2) Paragraphs 16(b) to (e) of the Act are replaced by the following: (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or (c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act. (3) Section 16 of the Act is replaced by the following: Non-application — sections 17 and 18 16 (1) Sections 17 and 18 do not apply to a fee if the fee is fixed by contract. Approval by President of Treasury Board (2) Sections 17 and 18 do not apply to a fee if the President of the Treasury Board approves that those sections do not apply and (a) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; (b) the fee is fixed in a manner that takes inflation into account; or (c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act. 274 Subsection 17(2) of the Act is replaced by the following: Exception (2) A fee is not adjusted by operation of subsection (1) in a fiscal year if (a) the fee is fixed in that fiscal year before the adjustment date; or (b) the percentage change described in subsection (1) for that fiscal year is less than 1%. Adjustment — subsequent fiscal year (3) If paragraph (2)(b) applies with respect to a fiscal year, the percentage change referred to in that paragraph is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year. Adjustment of fee — round down (4) The responsible authority may, in accordance with Treasury Board policies or directives, round down a fee after an adjustment under subsection (1) in a given fiscal year. Anniversary date — change (5) Despite subsection (1), the responsible authority may change the anniversary date selected in respect of a fee in accordance with Treasury Board policies or directives. 275 Section 19 of the Act is repealed. 276 (1) Section 21 of the Act is replaced by the following: Report — President of Treasury Board 21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that (a) consolidates the information set out in the tabled reports; and (b) lists the amendments to the regulations made by the President of the Treasury Board under section 22 in that fiscal year. (2) Section 21 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) lists the approvals given by the President of the Treasury Board in that fiscal year under this Act. 277 (1) Paragraph 22(2)(a) of the Act is replaced by the following: (a) listing the fees that are considered to be low-materiality fees or the fees that are not considered to be low-materiality fees; (a.1) setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees; (2) Subsection 22(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph: (c) establishing the factors that the President of the Treasury Board must take into account while exercising the power referred to in subsection (3). (3) Section 22 of the Act is amended by adding the following after subsection (2): Amending regulations — President of the Treasury Board (3) The President of the Treasury Board may, by regulation, amend regulations made under paragraph (2)(a), taking into account any factors established under paragraph (2)(c). 1997, c. 6 Consequential Amendment to the Canadian Food Inspection Agency Act 278 Section 25.1 of the Canadian Food Inspection Agency Act is renumbered as subsection 25.1(1) and is amended by adding the following: Application of sections 16 to 18 (2) Despite subsection 22(1) of the Service Fees Act , sections 16 to 18 of that Act apply to a low-materiality fee within the meaning of that Act that is fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or that is fixed under section 25 in respect of products, rights and privileges provided by the Agency under the Safe Food for Canadians Act . Coming into Force April 1, 2024 279 Subsections 271 (2), 272 (2), 273 (3) and 276 (2) come into force on April 1, 2024. DIVISION 13 R.S., c. C- 8 Canada Pension Plan 280 Section 92 of the Canada Pension Plan is amended by adding the following after subsection (2): Information provided by Minister of National Revenue (3) Despite any other Act or law, the Minister of National Revenue or any person that he or she designates may make available to the Minister a report providing information that is necessary for the purpose of policy analysis, research or evaluation related to the administration of this Act. DIVISION 14 2005, c. 34, s. 1; 2013, c. 40, s. 205 Department of Employment and Social Development Act 281 The Department of Employment and Social Development Act is amended by adding the following after section 8: Social Insurance Numbers 8. 1 The Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister. DIVISION 15 R.S., c. L- 2 Canada Labour Code 282 (1) Subsections 206.5(2) to (4) of the Canada Labour Code are replaced by the following: Leave — death of child (2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime. Leave  —  child who has disappeared (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime. Exception (4) An employee is not entitled to a leave of absence if they are charged with the crime. (2) Paragraph 206.5(5)(b) of the Act is replaced by the following: (b) ends 156 weeks after the day on which the death or disappearance, as the case may be, occurs. (3) Paragraphs 206.5(6)(a) and (b) of the Act are replaced by the following: (a) on the 14th day after the day on which the child is found, if the child is found during the 156-week period, but no later than the end of the 156-week period; or (b) 156 weeks after the day on which the disappearance occurs if subsection (2) applies to the child. (4) Subsection 206.5(8) of the Act is replaced by the following: Aggregate leave  —  employees (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 156 weeks. 283 Paragraph 209.4(h) of the Act is replaced by the following: (h) prescribing cases, other than the one set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime; DIVISION 16 2001, c. 27 Immigration and Refugee Protection Act (Claims for Refugee Protection) Amendments to the Act 284 (1) Subsection 99(3) of the Immigration and Refugee Protection Act is replaced by the following: Claim inside Canada (3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part. (2) Subsection 99(3.1) of the Act is replaced by the following: Claim made inside Canada — not at port of entry (3.1) A person inside Canada who makes a claim for refugee protection or who, before making a claim, submits any document or provides information with a view to making a claim, other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information, including in respect of the basis for the claim, required by the rules of the Board or specified by the Minister. The documents and information are to be provided in accordance with those rules and in the form and manner specified by the Minister. Coming into Force Order in council 285 Subsection 284 (2) comes into force on a day to be fixed by order of the Governor in Council. DIVISION 17 2001, c. 27 Immigration and Refugee Protection Act (Sponsorship Applications) 286 Section 87.3 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1): Clarification (1.1) For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2). DIVISION 18 2019, c. 29, s. 292 College of Immigration and Citizenship Consultants Act Amendments to the Act 287 Section 4 of the College of Immigration and Citizenship Consultants Act is amended by adding the following after paragraph (a): (a.1) establishing and providing training and development programs for licensees; 288 Subsection 15(1) of the Act is replaced by the following: Annual report 15 (1) The College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year. 289 The Act is amended by adding the following after section 39: Filing decision in Federal Court 39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38. Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court. 290 Section 56 of the Act is replaced by the following: Responsibility for damages — directors and others 56 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act: (a) a current or former director of the Board; (b) a current or former member of a committee of the College; (c) the Registrar or a former Registrar; (d) a current or former investigator; (e) a current or former officer, employee, agent or mandatary of the College; and (f) a person who is or has been engaged by the College. 291 Paragraph 57(2)(c) of the Act is replaced by the following: (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents. 292 (1) The portion of subsection 69(3) of the Act before paragraph (a) is replaced by the following: 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, take or require one or more of the following actions as well as any other action set out in the regulations: (2) Subsection 69(3) of the Act is amended by adding “or” at the end of paragraph (c), by striking out “or” at the end of paragraph (d) and by repealing paragraph (e). 293 The Act is amended by adding the following after section 70: Filing decision in Federal Court 70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3). Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court. 294 Section 71 of the Act is renumbered as subsection 71(1) and is amended by adding the following: Respondent — committee (2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent. 295 The Act is amended by adding the following after section 73: Powers of College Administration of Licensee’s Property Order 73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control. Content of order (2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1), (a) authorize the College or person appointed by the court to (i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located, (ii) examine anything in the place, (iii) open or order any person to open any container or package found in the place, (iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and (v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or 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 ; (b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court; (c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1); (d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and (e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order. Additional authority (3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice. Former licensee (4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee. Limitation or prescription 73. 2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee. Application 73. 3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary. Obstruction and false statements 73. 4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1). Information-sharing Agreement or Arrangement Information sharing 73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution , as defined in section 3 of the Access to Information Act , or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants. Limitation (2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act. 296 The portion of subsection 79(1) of the Act before paragraph (a) is replaced by the following: Offences and punishment 79 (1) Every person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liable 297 Subsection 81(2) of the Act is replaced by the following: Authorization (2) Regulations made under paragraphs (1)(c) to (f), (h) to (j), (l) to (p), (r), (s), (u) and (x) 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 . Related Amendments R.S., c. C- 29 Citizenship Act 298 Subsection 27(3) of the Citizenship Act is replaced by the following: Right to request review (3) Any regulation made under paragraph (1)(k.6) must provide that a person 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. 2001, c. 27 Immigration and Refugee Protection Act 299 Subsection 91.1(2) of the Immigration and Refugee Protection Act is replaced by the following: Right to request review (2) Any regulation made under paragraph (1)(a) must provide that a person 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. DIVISION 19 R.S., c. C- 29 Citizenship Act Amendments to the Act 300 The Citizenship Act is amended by adding the following after section 2: Biometric Information Biometric information — collection, use, etc. 2. 1 The Minister may, for the purpose of administering and enforcing this Act, collect, use, verify, retain and disclose biometric information in accordance with the regulations. Provision of biometric information 2.2 (1) Subject to subsection (2) and the regulations, a person who makes an application or request under this Act must provide the biometric information specified by the regulations in accordance with the procedures set out in the regulations for the collection and verification of biometric information. Exceptional circumstances (2) If the Minister considers that exceptional circumstances warrant it, the Minister may, on the Minister’s own initiative, decide that subsection (1) does not apply in respect of a class of persons and may specify the biometric information that a person who is a member of that class is to provide and the procedure to follow for the collection and verification of that biometric information. 301 The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following: Application for evidence of citizenship 12 (1) The Minister shall, on application by a person, determine whether they are a citizen and, if they are, 302 (1) Subsection 27(1) of the Act is amended by adding the following before paragraph (b): (a) respecting the application of section 2.2, including regulations respecting (i) restrictions on the persons to whom and on the applications or requests to which that section applies, (ii) the biometric information that is to be provided, (iii) the circumstances in which a person is not required to provide certain biometric information, and (iv) the circumstances in which a person is exempt from the application of that section; (2) Paragraph 27(1)(k.1) of the Act is replaced by the following: (k.1) providing for the collection, retention, use, verification, disclosure and disposal of information for the purposes of this Act; (3) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (k.9) and by adding the following after that paragraph: (k.91) providing the circumstances in which the Minister may require a person, or a person who is a member of a class of persons, who makes an application or request or who provides any document, information or evidence under this Act to do so using any means that are specified by the Minister; and 303 Subsection 27.2 of the Act is amended by adding the following after paragraph (a): (a.1) respecting the procedures for the collection and verification of biometric information; (a.2) respecting the processing of collected biometric information, including the creation of biometric templates; 304 The Act is amended by adding the following after section 27.2: Regulations — electronic means 27.21 (1) The Minister may make regulations respecting the application of section 28.2 and paragraph 28.3(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, notice, decision, determination or document or any information or evidence is deemed to be sent or received. Electronic and other means (2) The regulations made under subsection (1) may include provisions requiring a person who makes an application or request or who provides any document, information or evidence under this Act to do so using electronic means, including an electronic system, and provisions respecting such means, including such a system. The regulations may also include provisions prescribing the circumstances in which the application, request, document, information or evidence may be provided by other means and respecting those other means. Electronic payments (3) The regulations may also include provisions (a) requiring that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system and respecting such a system; (b) prescribing the circumstances in which such payments may be made or evidence of such payments may be provided by other means and respecting such other means; and (c) respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received. 305 The Act is amended by adding the following after section 28.1: PART VI. 1 Electronic Administration and Enforcement Power — Minister 28.2 (1) The Minister may administer and enforce this Act using electronic means. Power — citizenship judges and Registrar (2) A citizenship judge and the Registrar of Canadian Citizenship may, in the exercise of their powers and performance of their duties and functions under this Act, use the electronic means that are made available or specified by the Minister. Delegation (3) 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 or determination — automated system (4) For greater certainty, an electronic system, including an automated system, may be used to process an application, proceed with an examination or make a decision or determination under this Act. Conditions for electronic version 28. 3 If any provision of this Act or the regulations requires a signature or any information or evidence to be provided, an application, request, decision or determination to be made, a notice to be given or any other document to be issued or otherwise provided, the electronic version of the signature, information or evidence, application, request, decision or determination, notice or other document is satisfied by its electronic version, if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and (b) any other requirements that may be prescribed are met. For greater certainty 28. 4 For greater certainty, if any provision of this Act or the regulations authorizes the Minister to require that any document, information or evidence be provided, the Minister is not precluded by this Part from requiring that the document, information or evidence, as the case may be, be provided in accordance with that provision. Coming into Force Order in council 306 Section 300 , subsections 302 (1) and (2) and section 303 come into force on a day to be fixed by order of the Governor in Council. DIVISION 20 2002, c. 7 Yukon Act 307 The Yukon Act is amended by adding the following after section 55: Adverse effects — Type II Sites 55.1 (1) If the Minister has the administration of public real property that is a “Type II Site” within the meaning of the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001, the Minister may take any measures on the public real property that the Minister considers necessary to prevent, counteract, mitigate or remedy any adverse effect on persons, property or the environment. Entry (2) For the purposes of subsection (1), the Minister may enter any place on the public real property, except a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. DIVISION 21 Oceans Protection Plan SUBDIVISION A 2001, c. 6 Marine Liability Act Amendments to the Act 308 The heading “Interpretation” before section 24 of the Marine Liability Act is replaced by the following: DIVISION 1 Convention on Limitation of Liability for Maritime Claims, 1976 Interpretation 309 The portion of section 24 of the Act before the first definition is replaced by the following: Definitions 24 The following definitions apply in this Division. 310 The portion of subsection 25(1) of the Act before paragraph (a) is replaced by the following: Extended meaning of expressions 25 (1) For the purposes of this Division and Articles 1 to 15 of the Convention, 311 (1) Subsection 26(1) of the Act is replaced by the following: Force of law 26 (1) Subject to the other provisions of this Division, Articles 1 to 15 and 18 of the Convention and Articles 8 and 9 of the Protocol have the force of law in Canada. (2) Subsection 26(3) of the Act is replaced by the following: Exceptions (3) This Division does not apply to a claim that is the subject of a reservation made by Canada. 312 Paragraphs 29(a) and (b) of the Act are replaced by the following: (a) $1,500,000 in respect of claims for loss of life or personal injury; and (b) $750,000 in respect of any other claims. 313 Subsection 33(1) of the Act is amended by adding the following after paragraph (a): (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund in respect of a maritime claim for oil pollution damage caused by oil of any kind or in any form other than oil as defined in Article I of the Civil Liability Convention as defined in subsection 47(1); 314 The Act is amended by adding the following after section 33: Public notice 33.1 (1) In the case of a maritime claim referred to in paragraph 33(1)(a.1), the person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (2) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (3) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (2), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days. Court order in case of non-compliance (4) The Admiralty Court may issue any order that it deems appropriate to remedy the failure of the person to give any of the required public notices or the inadequacy of a notice. 315 Subsection 34(1) of the Act is replaced by the following: Release of ships, etc. 34 (1) If a ship or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs 2(a) to (d) of that Article, the person who obtained the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim. 316 Paragraph 34.1(b) of the Act is replaced by the following: (b) generally for carrying out the purposes and provisions of this Division. 317 The Act is amended by adding the following after section 34.1: DIVISION 2 Limitation of Liability — Air Cushion Vehicles Interpretation Definitions 34. 2 The following definitions apply in this Division. Convention  means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1. ( Convention ) owner , in relation to an air cushion vehicle, means the owner, charterer, manager and operator of an air cushion vehicle. ( propriétaire ) passenger  means (a) a person carried on board an air cushion vehicle (i) under a contract of passenger carriage, or (ii) to accompany, with the consent of the carrier, a vehicle or live animals which are covered by a contract for the carriage of goods; or (b) a participant in an adventure tourism activity referred to in subsection 37.1(1). ( passager ) Protocol  means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996. ( Protocole ) Application Force of law 34.3 (1) Subject to the other provisions of this Division, Article 1, paragraphs 1(a) to (c), (e) and (f) and paragraph 2 of Article 2, paragraphs (a), (c) and (e) of Article 3, Articles 4 and 5, paragraphs 2 and 3 of Article 6, paragraph 1 of Article 9 and Articles 10 to 14 of the Convention have the force of law in Canada in relation to air cushion vehicles. Adaptation — Convention (2) For the purposes of this Division, the provisions of the Convention referred to in subsection (1) are adapted as follows: (a) a reference to “ship” or “vessel” is to be read as a reference to “air cushion vehicle”; (b) a reference to “shipowner” is to be read as a reference to “owner”; (c) paragraph 2 of Article 1 of the Convention is to be read without reference to the word “seagoing”; (d) the expression “carriage by sea” in paragraph 1(b) of Article 2 of the Convention is to be read as “carriage by water”; (e) the first reference to “paragraph 1(a)” in paragraph 2 of Article 6 of the Convention is to be read as reference to “subsection 34.4(1), (2) or (4)” of this Act and the second reference to “paragraph 1(a)” is to be read as a reference to “subsections 34.4(1), (2) and (4) in proportion to the amount of the established claims under each of those subsections”; (f) a reference to “paragraph 1(b)” in paragraphs 2 and 3 of Article 6 of the Convention is to be read as a reference to “subsection 34.4(5)” of this Act; (g) the reference to “Article 6” in paragraph 1 of Article 9 of the Convention is to be read as a reference to “section 34.4” of this Act; (h) the reference to “Articles 6 and 7” in paragraph 1 of Article 11 of the Convention is to be read as a reference to “section 34.4” of this Act; and (i) the reference to “the provisions of paragraphs 1, 2 and 3 of Article 6 and of Article 7” in paragraph 1 of Article 12 of the Convention is to be read as a reference to “section 34.4” of this Act. Inconsistency (3) In the event of any inconsistency between sections 34.4 to 34.7 of this Act and the provisions of the Convention referred to in subsection (1), those sections prevail to the extent of the inconsistency. Maximum Liability Passenger claims 34.4 (1) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to passengers of an air cushion vehicle of less than 8 000 kg all up weight is the greater of (a) $3,500,000, and (b) $300,000 multiplied by (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of passengers on board the air cushion vehicle, if no Canadian maritime document is required under that Act. Claims — no contract of carriage (2) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board an air cushion vehicle of less than 8 000 kg all up weight otherwise than under a contract of passenger carriage is the greater of (a) $3,500,000, and (b) $300,000 multiplied by (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of persons on board the air cushion vehicle, if no Canadian maritime document is required under that Act. Exception (3) Subsection (2) does not apply in respect of (a) the master of an air cushion vehicle, a member of an air cushion vehicle’s crew — or any other person employed or engaged in any capacity on the business of an air cushion vehicle — when they are carried on board the air cushion vehicle; (b) a person carried on board an air cushion vehicle that is not operated for a commercial or public purpose; (c) a person carried on board an air cushion vehicle in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner of the air cushion vehicle could have prevented; or (d) a stowaway, a trespasser or any other person who boards an air cushion vehicle without the consent or knowledge of the master or the owner of the air cushion vehicle. Other claims — loss of life or personal injury (4) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury involving an air cushion vehicle, other than claims referred to in subsections (1) and (2), is (a) $1,500,000 for an air cushion vehicle of less than 8 000 kg all up weight; (b) $5,000,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and (c) $5,000,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $40 for each kilogram that exceeds 13 000 kg. Other claims (5) The maximum liability for claims that arise on any distinct occasion involving an air cushion vehicle, other than claims referred to in subsections (1), (2) and (4), is (a) $750,000 for an air cushion vehicle of less than 8 000 kg all up weight; (b) $2,500,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and (c) $2,500,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $20 for each kilogram that exceeds 13 000 kg. Procedure Jurisdiction of Admiralty Court 34.5 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under Articles 11 to 13 of the Convention. Right to assert limitation defence (2) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada. Powers of Admiralty Court 34.6 (1) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including (a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention; (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and (c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter. Court may postpone distribution (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate. Lien and other rights (3) No lien or other right in respect of an air cushion vehicle or other property affects the proportions in which a fund is distributed by the Admiralty Court. Procedural matters (4) The Admiralty Court may (a) make any rule of procedure it considers appropriate with respect to proceedings before it under this section; and (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 2 of Article 11 of the Convention. Interest (5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. Release 34. 7 If an air cushion vehicle or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs 2(a) to (d) of that Article, the person who obtained the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim. 318 Paragraph 36(1)(a) of the Act is replaced by the following: (a) the definition ship in Article 1 of the Convention shall be read as including any vessel, craft or air cushion vehicle designed, used or capable of being used solely or partly for navigation, whether seagoing or not, but not including a vessel propelled manually by paddles or oars; and 319 Section 41 of the Act is replaced by the following: Definition of Hague-Visby Rules 41 In this Part, Hague-Visby Rules means the rules set out in Schedule 3 and embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924, in the Protocol concluded at Brussels on February 23, 1968, and in the additional Protocol concluded at Brussels on December 21, 1979. 320 Subsection 43(4) of the Act is repealed. 321 Section 44 of the Act and the heading before it are repealed. 322 The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following: Claims 46 (1) If a contract for the carriage of goods by water provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, if 323 Section 51 of the Act is amended by adding the following after subsection (2): Liability — fishing, hunting, trapping and harvesting (3) For greater certainty, for the purposes of Article III of the Civil Liability Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people. 324 Subsection 53(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and 325 Subsections 54(1) and (2) of the Act are replaced by the following: Public notice 54 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days. 326 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following: Absence of certificate 55 (1) Unless a ship carries a certificate described in Article VII of the Civil Liability Convention issued in accordance with subsection 56(1), the ship must not 327 The Act is amended by adding the following before section 69: Extended meaning of expressions 68. 1 For the purposes of sections 69 to 74 and Articles 1 to 10 of the Bunkers Convention, the definition ship in Article 1 of the Bunkers Convention includes non-seagoing vessels and non-seaborne craft. 328 Section 71 of the Act is amended by adding the following after subsection (2): Liability — fishing, hunting, trapping and harvesting (3) For greater certainty, for the purposes of Article 3 of the Bunkers Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people. 329 Section 72 of the Act is replaced by the following: Application of Division 1 of Part 3 72 Division 1 of Part 3 applies to claims arising under the Bunkers Convention. 330 The portion of subsection 73(1) of the Act before paragraph (a) is replaced by the following: Absence of certificate 73 (1) Unless a ship carries a certificate described in Article 7 of the Bunkers Convention issued in accordance with subsection 74(1), the ship must not 331 (1) Paragraph 77(1)(a) of the Act is replaced by the following: (a) for oil pollution damage from the ship, including economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people; (2) Subsection 77(1.2) of the English version of the Act is replaced by the following: Words and expressions defined (1.2) For the purposes of subsection (1.1), words and expressions used in that subsection that are not defined have the same meaning as in the Civil Liability Convention as defined in subsection 47(1). 332 (1) Subsection 92(2) of the Act is amended by adding the following after paragraph (c): (c.1) any amounts received by the Administrator further to the notice given under subsection 106.02(3) or paragraph 106.04(1)(b) or recovered under section 106.05; (2) Paragraph 92(3)(a.1) of the Act is replaced by the following: (a.1) all amounts that are directed to be paid under paragraph 106(3)(a) or 106.04(1)(c), subsection 106.3(4) or section 117 or under a settlement; (3) Paragraph 92(3) of the Act is amended by adding “and” at the end of paragraph (d) and by repealing paragraph (e). 333 (1) Section 103 of the Act is amended by adding the following after subsection (1.1): Claims filed with Administrator — future losses (1.2) A claim arising out of oil pollution damage may be filed with the Administrator for (a) future loss of profit or income and future costs or expenses for the mitigation of that loss by a person who expects to suffer loss or incur costs or expenses; (b) future economic loss related to fishing, hunting, trapping or harvesting for personal or household use and future costs or expenses for the mitigation of that loss by an individual who expects to suffer loss or incur costs or expenses; (c) future economic loss related to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 and future costs or expenses for the mitigation of that loss by a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds those rights if that group, community or people expects to suffer loss or incur costs or expenses; and (d) costs or expenses for meeting the conditions imposed by the Administrator under subsection 105(1.2) by a person referred to in paragraph (a), an individual referred to in (b) or a council, government or other entity referred to in paragraph (c) who expects to incur those costs or expenses. Period covered by the claim (1.3) The claim filed under subsection (1.2) must specify the period covered by the claim, which, for greater certainty, may extend beyond the periods referred to in subsection (2) during which the claim must be filed. (2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following: Limitation or prescription period (2) A claim referred to in any of subsections (1) to (1.2) must be made (3) Paragraphs 103(2)(a) and (b) of the English version of the Act are replaced by the following: (a) if oil pollution damage occurs, within two years after the day on which that damage occurs and five years after the incident that causes that damage; or (b) if no oil pollution damage occurs, within five years after the incident in respect of which oil pollution damage is anticipated. (4) Subsection 103(3) of the Act is replaced by the following: Exception (3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a) or 77(1)(b). 334 (1) Subsection 105(1) of the Act is replaced by the following: Administrator’s duties 105 (1) On receipt of a claim under subsection 103(1) or (1.1), the Administrator shall investigate and assess it and shall (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; or (b) disallow the claim and notify the claimant of its disallowance in writing. Administrators duties — future losses (1.1) On receipt of a claim under subsection 103(1.2), the Administrator shall investigate and assess it and shall (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; (b) make an offer of compensation to the claimant on an interim payment schedule for whatever portion of it that the Administrator finds to be established and provide the dates for future payments; or (c) disallow the claim and notify the claimant of its disallowance in writing. Conditions (1.2) If the Administrator makes an offer of compensation under paragraph (1.1)(a) or (b), the Administrator may impose conditions on the claimant as part of that offer, including a requirement to keep records containing information relating to the claim. (2) Paragraph 105(3)(a) of the Act is replaced by the following: (a) whether it is for loss, damage, costs or expenses referred to in subsection 103(1), (1.1) or (1.2), as the case may be; and 335 (1) Subsection 106(1) of the Act is replaced by the following: Offer of compensation 106 (1) If the Administrator makes an offer of compensation to a claimant under paragraph 105(1)(a), (1.1)(a) or (b), as the case may be, the claimant shall, within 60 days after receiving the offer, notify the Administrator whether they accept or refuse it and, if no notification is received by the Administrator within that period, the claimant is deemed to have refused the offer. (2) Subsection 106(2) of the English version of the Act is replaced by the following: Appeal to Admiralty Court (2) A claimant may, within 60 days after receiving an offer of compensation or a notification that the Administrator has disallowed the claim, appeal the offer or the disallowance of the claim to the Admiralty Court, but in an appeal from the disallowance of a claim, that Court may consider only the matters described in paragraphs 105(3)(a) and (b). (3) Paragraphs 106(3)(a) and (b) of the Act are replaced by the following: (a) the Administrator shall direct payment to be made to the claimant of the amount of the offer out of the Ship-source Oil Pollution Fund without delay or according to the payment schedule referred to in paragraph 105(1.1)(b), as the case may be; (b) the claimant is then precluded from pursuing any rights that they may have had against any person in respect of matters referred to in sections 51, 71 and 77, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in relation to the occurrence to which the offer of compensation relates, except that (i) with respect to the acceptance of an offer of compensation made under paragraph 105(1)(a), the claimant may pursue any rights that they may have under subsection 103(1.2) in a single claim, and (ii) with respect to the acceptance of an offer of compensation made under paragraph 105(1.1)(a) or (b), the claimant may pursue any rights that they may have under subsection 103(1) or (1.1) in a single claim; 336 The Act is amended by adding the following after section 106: Cessation of payments 106.01 (1) Despite paragraph 106(3)(a), the Administrator may direct, at any time after the claimant accepts an offer of compensation, that some or all of the payments referred to in paragraph 105(1.1)(b) not be made to the claimant if (a) a condition imposed on the claimant under subsection 105(1.2) is not met; (b) the Administrator has reasonable grounds to believe that the claimant did not take reasonable measures to mitigate the loss for which a claim has been filed under subsection 103(1.2); or (c) the Administrator has reasonable grounds to believe that the claimant’s loss has been mitigated. Notice (2) If the Administrator directs under subsection (1) that a payment not be made to the claimant, the Administrator must, as soon as feasible, give the claimant notice in writing. Appeal to Admiralty Court (3) A claimant may, within 60 days after receiving the notice, appeal the decision set out in the notice to the Admiralty Court. Records — future loss 106.02 (1) If the Administrator imposes a condition requiring the claimant to keep records under subsection 105(1.2), the Administrator may, within the following periods, request that the claimant provide the Administrator with the records: (a) in the case of a payment made in accordance with an offer of compensation made under paragraph 105(1.1)(a), the period that ends on the later of (i) one year after the day on which the payment was made, and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim; (b) in the case of payments made in accordance with an offer of compensation made under paragraph 105(1.1)(b) that have ceased under subsection 106.01(1), the period that ends on the later of (i) one year after the day on which the notice was sent by the Administrator under subsection 106.01(2), and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim; or (c) in the case of payments made in accordance with an offer of compensation made under paragraph 105(1.1)(b) that have not ceased, the period that ends on the later of (i) one year after the day on which the final payment was made, and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim. Period (2) If the Administrator requests records under subsection (1), the claimant must provide them to the Administrator within 30 days beginning on the day on which the claimant receives the request or within any longer period agreed to by the Administrator and the claimant. Failure to provide records (3) If the claimant does not provide the Administrator with the records within the applicable period, the Administrator may give the claimant a notice that they are required to repay to the Administrator the amount or a portion of the amount of the payment made to them under paragraph 106(3)(a), in the manner and within the period set out in the notice. Post-payment investigation and reassessment 106.03 (1) The Administrator may, within the period referred to in subsection 106.02(1), investigate and reassess any claim under subsection 103(1.2) for which a payment was made under paragraph 106(3)(a). Administrator’s powers (2) For the purpose of investigating and reassessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act . Factors to be considered (3) When investigating and reassessing a claim, the Administrator may consider only (a) whether it is for loss, costs or expenses referred to in subsection 103(1.2) that the claimant has suffered or incurred; (b) whether it resulted wholly or partially from (i) an act done or omitted to be done by the claimant with intent to cause damage, or (ii) the claimant’s negligence; (c) whether it is for loss, costs or expenses for which another claim has been filed; (d) whether the Administrator has reasonable grounds to believe that the claimant did not take reasonable measures to mitigate the loss for which the claim has been filed; (e) whether the claimant’s loss has been mitigated; and (f) whether the conditions imposed on the claimant under subsection 105(1.2), if any, have been met. Result of investigation and reassessment 106.04 (1) As soon as feasible after completing the investigation and reassessment, the Administrator must give the claimant notice that (a) the Administrator will take no further action in respect of whatever portion of the claim was the subject of the investigation and reassessment; (b) the claimant is required to pay to the Administrator the overpayment set out in the notice, in the manner and within the period set out in the notice; or (c) an additional payment, equal to the amount of the loss, costs or expenses suffered or incurred by the claimant minus the sum of any amounts already paid to the claimant, is to be made to the claimant without delay out of the Ship-source Oil Pollution Fund. Appeal to Admiralty Court (2) A claimant may, within 60 days after receiving a notice under paragraph (1)(b), appeal to the Admiralty Court the requirement to pay the overpayment set out in the notice. Debts due to His Majesty 106. 05 All amounts payable under subsection 106.02(3) and overpayments payable under paragraph 106.04(1)(b) constitute debts due to His Majesty in right of Canada that may be recovered in a court of competent jurisdiction from the person who is required to pay them. 337 Paragraph 106.1(4)(a) of the English version of the Act is replaced by the following: (a) if oil pollution damage occurs, within one year after the day of the occurrence that causes that damage; or 338 The heading before section 107 and sections 107 and 108 of the Act are repealed. 339 (1) Subsections 111.1(2) and (3) of the Act are replaced by the following: Offer of compensation less than zero (2) If the offer of compensation made by the Administrator to the Minister of Fisheries and Oceans under paragraph 105(1)(a) is less than zero, then, unless that Minister appeals the offer under subsection 106(2), an amount equal to the amount of the offer is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within six months after the day on which that Minister receives the offer or within any longer period agreed to by the Administrator and that Minister. Offer of compensation refused (3) If the Minister of Fisheries and Oceans refuses the offer of compensation made under paragraph 105(1)(a), then, as soon as feasible after that Minister refuses the offer, an amount equal to the amount of the emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2) is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, less any unused portion of the emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1). (2) The description of A in subsection 111.1(4) of the Act is replaced by the following: A is the portion of the claim that the Administrator finds to be established under subsection 105(1); 340 (1) The portion of paragraph 116(2)(b) of the Act before subparagraph (i) is replaced by the following: (b) if the claim is based on subsection 51(1) or 71(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention as they pertain to preventive measures, (2) Subsection 116(2) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c). 341 Schedule 4 to the Act is repealed. Transitional Provisions Definitions 342 The following definitions apply in sections 343 to 347 . former Act  means the Marine Liability Act as it read immediately before the day on which section 338 comes into force. ( ancienne loi ) new Act  means the Marine Liability Act as it reads on the day on which section 338 comes into force. ( nouvelle loi ) Ship-source Oil Pollution Fund  has the same meaning as in subsection 91(1) of the Marine Liability Act . ( Caisse d’indemnisation ) Claims for loss of income 343 A claim filed under section 107 of the former Act is to be dealt with in accordance with sections 107 and 108 of the former Act. Rights — limitation period 344 Despite subsection 103(2) of the new Act, if an occurrence in respect of which a person may file a claim under section 107 of the former Act takes place on or before the day on which section 338 comes into force, and if the limitation periods set out in subsection 107(3) of the former Act have not expired on that day, that person has the right to file a claim under subsection 103(1.2) of the new Act within those limitation periods. Fund — amounts directed to be paid 345 Any amounts that are directed to be paid on or after the day on which subsection 332 (2) comes into force, in respect of a claim filed under section 107 of the former Act, are to be charged to the Ship-source Oil Pollution Fund and they are deemed to be charged under paragraph 92(3)(a.1) of the new Act. Fund — remuneration and expenses of assessors 346 The remuneration and expenses of assessors appointed under paragraph 108(2)(a) of the former Act that are directed to be paid on or after the day on which subsection 332 (3) comes into force are to be charged to the Ship-source Oil Pollution Fund and are deemed to be charged under subsection 92(3) of the new Act. Interest 347 If a payment is made to a claimant on or after the day on which subsection 340 (2) comes into force, in respect of a claim filed under section 107 of the former Act, the claimant is entitled to the interest that accrues on a claim in accordance with subsection 116(1) of the Marine Liability Act from the time when the loss of income occurs. Coordinating Amendments 2014, c. 29 348 (1) In this section, other Act means the Safeguarding Canada’s Seas and Skies Act . (2) On the first day on which both section 33 of the other Act and section 313 of this Act are in force, paragraph 33(1)(a.1) of the Marine Liability Act is replaced by the following: (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund in respect of a maritime claim for oil pollution damage caused by bunker oil as defined in paragraph 5 of Article 1 of the Bunkers Convention as defined in subsection 47(1); (3) On the first day on which both section 33 of the other Act and section 324 of this Act are in force, subsection 74.26(1) of the Marine Liability Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and (4) On the first day on which both section 33 of the other Act and section 325 of this Act are in force, subsections 74.27(1) and (2) of the Marine Liability Act are replaced by the following: Public notice 74.27 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days. (5) On the first day on which both subsection 45(1) of the other Act and subsection 335 (3) of this Act are in force, paragraph 106(3)(b) of the Marine Liability Act is replaced by the following: (b) the claimant is then precluded from pursuing any rights that they may have had, other than in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention, against any person in respect of matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in relation to the occurrence to which the offer of compensation relates, except that (i) with respect to the acceptance of an offer of compensation made under paragraph 105(1)(a), the claimant may pursue any rights that they may have under subsection 103(1.2) in a single claim, and (ii) with respect to the acceptance of an offer of compensation made under paragraph 105(1.1)(a) or (b), the claimant may pursue any rights that they may have under subsection 103(1) or (1.1) in a single claim; (6) On the first day on which both subsection 49(2) of the other Act and subsection 340 (1) of this Act are in force, the portion of paragraph 116(2)(b) of the Marine Liability Act before subparagraph (i) is replaced by the following: (b) if the claim is based on subsection 51(1), 71(1) or 74.24(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention as they pertain to preventive measures, 2018, c. 27 349 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2 . (2) On the first day on which both section 323 of this Act is in force and subsection 746(2) of the other Act has produced its effects, section 74.24 of the Marine Liability Act is amended by adding the following after subsection (2): Liability — fishing, hunting, trapping and harvesting (3) For greater certainty, for the purposes of Article 7 of the Hazardous and Noxious Substances Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people. (3) On the first day on which both subsection 333 (3) of this Act is in force and subsection 746(8) of the other Act has produced its effects, subsection 103(3) of the Marine Liability Act is replaced by the following: Exception (3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada, and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b). SUBDIVISION B 2001, c. 26 Canada Shipping Act, 2001 Amendments to the Act 350 Section 2 of the Canada Shipping Act, 2001 is amended by adding the following in alphabetical order: hazardous and noxious substances handling facility  means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. ( installation de manutention de substances nocives et potentiellement dangereuses ) port authority  has the same meaning as in subsection 2(1) of the Canada Marine Act . ( administration portuaire ) 351 (1) The portion of section 8 of the Act before paragraph (a) is replaced by the following: Application of this Part 8 This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However (2) Paragraph 8(b) of the Act is replaced by the following: (b) subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada. 352 (1) Paragraph 10(1)(c) of the Act is replaced by the following: (c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1) and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement. (2) Subsection 10(2) of the Act is replaced by the following: Exemption power of Ministers (2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, person, class of persons, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facilities, operator of a hazardous and noxious substances handling facility, hazardous and noxious substances handling facility or class of hazardous and noxious substances handling facilities from the application of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1), subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the public interest or interest of public health or safety. 353 (1) Section 10.1 of the Act is amended by adding the following after subsection (1): Authorization to make interim order (1.1) The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister. (2) The portion of subsection 10.1(2) of the Act before paragraph (a) is replaced by the following: Cessation of effect (2) An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of (3) Paragraph 10.1(2)(c) of the Act is replaced by the following: (c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council; (c.1) the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and (4) Subsection 10.1(3) of the Act is replaced by the following: Extension — Minister of Transport (2.1) If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date. Extension — Governor in Council (3) The Governor in Council may extend the effective period of 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) or after the day referred to in paragraph (2)(c.1). (5) Subsection 10.1(6) of the Act is replaced by the following: Statutory Instruments Act (6) The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made. 354 Subsection 12(1) of the Act is replaced by the following: Authorizing others to inspect 12 (1) The Minister of Transport may authorize any person, class of persons, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection. 355 Subsections 14(2) and (3) of the Act are replaced by the following: Qualified person, bare-boat charterer or owner (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is (a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person; (b) in the case of a vessel described in section 48, the bare-boat charterer; or (c) in any other case, the owner of the vessel. Representative if more than one owner (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person. 356 Section 21 of the Act is replaced by the following: Issuance of documents to foreign vessels 21 The Minister of Transport may, at the request of the government of a state to which an international convention, protocol or resolution listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention, protocol or resolution, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government. 357 Subsection 26(1) of the Act is replaced by the following: Establishment 26 (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than a requirement with respect to fees, charges, costs or expenses. 358 Subsection 28(1) of the Act is replaced by the following: Application 28 (1) Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement. 359 (1) Section 32 of the Act is amended by adding the following after subsection (4): Material produced by Minister of Transport (4.01) A regulation made under paragraph 35.1(1)(k), 120(1)(f) or (k), 136(1)(a), (f) or (g) or 190(1)(a) may incorporate by reference material that the Minister of Transport produces. (2) Subsection 32(5) of the Act is replaced by the following: Scope of incorporation (5) Material referred to in subsections (1) to (4.01) may be incorporated by reference as amended from time to time or as it exists on a particular date. Material referred to in subsection (4.1) that is to be incorporated by reference must be incorporated as it exists on a particular date. 360 (1) Subparagraph 35(1)(d)(i) of the Act is replaced by the following: (i) implementing it in respect of persons, vessels, oil handling facilities or hazardous and noxious substances handling facilities to which it does not apply, (2) Paragraph 35(1)(g) of the Act is replaced by the following: (g) respecting fees, charges, costs and expenses to be paid in relation to (i) the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and (ii) the enforcement of any of those Parts or regulations; 361 The heading before section 36 of the Act is replaced by the following: Fees, Charges, Costs and Expenses 362 Subsections 36(1) to (3) of the Act are replaced by the following: Debt due to His Majesty 36 (1) All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Payment (2) If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d) (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it; (b) in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and (c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it. Seizure (3) If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate. 363 Subsection 36.01(1) of the Act is replaced by the following: Agreement — cost recovery 36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee, charge, cost or expense. 364 Section 38 of the Act is replaced by the following: Contravention of regulations 38 (1) Every person who, or vessel, oil handling facility or hazardous and noxious substances handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and 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. Exception (2) If a court sentencing a person, vessel, oil handling facility or hazardous and noxious substances handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel, oil handling facility or hazardous and noxious substances handling facility is liable to that lesser punishment. 365 Subsection 40(2) of the Act is replaced by the following: Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 366 Section 56 of the Act is replaced by the following: Lost certificates 56 If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative or owner in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar. Refusal to issue, renew or amend certificate 56. 1 Despite any other provision of this Act, the Chief Registrar may refuse to issue, in respect of a vessel, a certificate of registry, a provisional certificate or a replacement certificate of registry or provisional certificate, or to renew a certificate of registry or to amend one under paragraph 73(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense under this Act or the Wrecked, Abandoned or Hazardous Vessels Act in respect of that vessel. 367 Subsections 75.03(5) and (6) of the Act are replaced by the following: Authorized representative of fleet (5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels. 368 The Act is amended by adding the following after section 75.03: Refusal to issue, renew or amend certificate 75. 031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act . 369 Subsection 79(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 370 Section 99 of the English version of the Act is replaced by the following: Adjudication by Minister 99 The Minister may, on the request of the authorized representative or a crew member of a Canadian vessel, adjudicate any dispute between the authorized representative and crew member that arises under this Part. The Minister’s decision is binding on the parties. 371 Subsection 103(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 372 Subsection 110(1) of the Act is replaced by the following: Carrying excess number of persons 110 (1) The master of a vessel must ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention, protocol or resolution listed in Schedule 1. 373 Section 111 of the Act is replaced by the following: Direction to cease — master 111 (1) The Minister may direct a master to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions. Direction to take measures — master (2) The Minister may direct a master to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to (a) provide the Minister with any information that the Minister considers appropriate to assess or deal with risks to marine safety; (b) proceed by the route and in the manner that the Minister specifies; and (c) proceed to a place that the Minister selects, by the route and in the manner that the Minister specifies, and (i) unload the vessel’s cargo, or (ii) moor, anchor or remain there for any reasonable period that the Minister specifies. Direction to authorize vessel (3) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (2)(c) to proceed to the place selected by the Minister and to (a) unload the cargo; or (b) moor, anchor or remain there for any reasonable period that the Minister may specify. 374 Section 114 of the Act is replaced by the following: Direction to cease — crew 114 (1) The Minister may direct a crew member on board a vessel to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions. Direction to take measures — crew (2) The Minister may direct a crew member on board a vessel to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to provide the Minister with any information that the Minister considers appropriate to support assessing or addressing risks to marine safety. 375 Subsection 120(1) of the Act is amended by striking out “and” at the end of paragraph (s) and by adding the following after that paragraph: (s.1) respecting arrangements for emergency services, including requiring vessels or classes of vessels to enter into such arrangements; and 376 (1) Paragraph 121(1)(f) of the Act is replaced by the following: (f) section 107 (obtain Canadian maritime documents); (2) Paragraph 121(1)(j) of the Act is replaced by the following: (j) a direction given under subsection 111(1) (direction to cease — master); (j.1) a direction given under subsection 111(2) (direction to take measures — master); (j.2) a direction given under subsection 111(3) (direction to authorize vessel); (3) Subsection 121(1) of the Act is amended by adding the following after paragraph (o): (o.1) a direction given under subsection 114(2) (direction to take measures — crew); 377 Paragraph 123(1)(a) of the Act is replaced by the following: (a) a direction given under subsection 114(1) (direction to cease — crew); 378 Section 129 of the French version of the Act is replaced by the following: Obligation d’informer des dommages 129 (1) Dans le cas où le bâtiment — ou tout objet à sa remorque — renverse, déplace, endommage ou détruit une aide à la navigation dans les eaux canadiennes, la personne responsable du bâtiment en informe sans délai l’officier chargé des services de communications et de trafic maritimes ou, si cela n’est pas possible, un membre de la garde côtière canadienne. Obligation d’informer en cas de danger pour la navigation (2) Si elle constate l’existence dans les eaux canadiennes d’un danger pour la navigation non indiqué sur les cartes marines ou l’absence, le déplacement ou le mauvais fonctionnement d’une aide à la navigation, la personne responsable du bâtiment en informe sans délai l’officier chargé des services de communications et de trafic maritimes ou, si cela n’est pas possible, un membre de la garde côtière canadienne. 379 The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following: Powers — search and rescue mission coordinators (2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters, in the exclusive economic zone of Canada or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may 380 Subsection 135(2) of the Act is replaced by the following: Designation — Minister of Transport (1.1) The Minister of Transport may designate any person or class of persons for the purposes of enforcing a provision of this Part or of a regulation made under this Part that the Minister of Transport is responsible for administering. Stopping and boarding vessel (2) A person, or a member of a class of persons, designated under subsection (1) or (1.1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest. 381 Section 136 of the Act is amended by adding the following after subsection (2): Order — Minister of Transport (3) The Minister of Transport may, by order, suspend or modify the operation of regulations made under paragraph (1)(f) or (g). Cessation of effect of order (4) An order made under subsection (3) has effect from the time that it is made or from any later date that may be specified in the order 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 order comes into force; and (c) two years after the effective date of the order or any shorter period that may be specified in the order. Statutory Instruments Act (5) The Statutory Instruments Act does not apply to an order made under subsection (3). However, the order must be published in the Canada Gazette within 23 days after it is made. 382 Subsection 152(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 383 (1) The definitions discharge , pollutant and pollution damage in section 165 of the Act are replaced by the following: discharge  means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet ) pollutant  means (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans. It includes oil, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant. ( polluant ) pollution damage  in relation to a vessel, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or facility caused by contamination resulting from a discharge from the vessel or facility. ( dommages dus à la pollution ) (2) Section 165 of the Act is amended by adding the following in alphabetical order: hazardous and noxious substance  means a substance other than oil that, if introduced into the marine environment, is likely to create hazards to human health, harm living resources and marine life, damage amenities or interfere with legitimate uses of the marine environment. ( substance nocive et potentiellement dangereuse) hazardous and noxious substances pollution incident  means any occurrence or series of occurrences having the same origin, including fire or explosion, that results or may result in a discharge of hazardous and noxious substances. ( événement de pollution par les substances nocives et potentiellement dangereuses ) 384 Subsection 166(1) of the Act is replaced by the following: Application 166 (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities and hazardous and noxious substances handling facilities that are in Canada. 385 Section 167.1 of the Act and the heading before it are replaced by the following: Oil Handling Facilities and Hazardous and Noxious Substances Handling Facilities Notification of proposed operations 167. 1 Subject to the regulations, a person who proposes to operate an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations must, within the prescribed time, notify the Minister of the proposed operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels and must submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister. 386 (1) Subsection 167.2(1) of the Act is replaced by the following: Submission of plans 167.2 (1) Subject to the regulations, a person who proposes to operate an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations must, at least 90 days before the day on which the facility’s operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels will begin — or within any other time specified by the Minister — submit to the Minister (a) an oil pollution prevention plan or hazardous and noxious substances pollution prevention plan that meets the requirements set out in the regulations to prevent a discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel; and (b) an oil pollution emergency plan or hazardous and noxious substances pollution emergency plan that meets the requirements set out in the regulations to respond to a discharge or possible discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel. (2) Subsection 167.2(3) of the Act is replaced by the following: Prohibition against beginning operations (3) A person referred to in subsection (1) must not begin operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels unless the plans submitted under subsection (1) meet the requirements set out in the regulations. 387 The Act is amended by adding the following after section 167.3: Notification — hazardous and noxious substances handling facilities 167. 31 Subject to the regulations, the operator of a hazardous and noxious substances handling facility of a class established by the regulations must notify the Minister of the facility’s operations relating to the loading or unloading of hazardous and noxious substances to or from vessels within 90 days after the day on which this section comes into force and must submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister. 388 Section 167.4 of the Act is replaced by the following: Submission of plans 167. 4 Subject to the regulations, unless the plans have already been submitted under subsection 167.2(1), the operator of an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations must submit to the Minister, within the time set out in the regulations, an oil pollution prevention plan or hazardous and noxious substances pollution prevention plan to prevent a discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel and an oil pollution emergency plan or hazardous and noxious substances pollution emergency plan to respond to a discharge or possible discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel — which meet the requirements set out in the regulations — and must submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister. 389 (1) Paragraph 168(1)(d) of the Act is replaced by the following: (d) have on site an up-to-date oil pollution emergency plan to respond to a discharge or possible discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations; (2) Section 168 of the Act is amended by adding the following after subsection (1): Hazardous and noxious substances handling facilities — requirements (2) Subject to the regulations, the operator of a hazardous and noxious substances handling facility of a class established by the regulations must (a) have on site a declaration in the form specified by the Minister that describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a); (b) have on site an up-to-date hazardous and noxious substances pollution prevention plan to prevent a discharge of hazardous and noxious substances during the loading or unloading of a vessel, which meets the requirements set out in the regulations; (c) submit the up-to-date hazardous and noxious substances pollution prevention plan to the Minister within the time and in the circumstances set out in the regulations; (d) have on site an up-to-date hazardous and noxious substances pollution emergency plan to respond to a discharge or possible discharge of hazardous and noxious substances during the loading or unloading of a vessel, which meets the requirements set out in the regulations; (e) submit the up-to-date hazardous and noxious substances pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and (f) have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of hazardous and noxious substances during the loading or unloading of a vessel. (3) Section 168 of the Act is amended by adding the following after subsection (3): Reasonable measures — hazardous and noxious substances handling facilities (4) The operator of a hazardous and noxious substances handling facility referred to in subsection (2) must take reasonable measures to implement (a) the hazardous and noxious substances pollution prevention plan referred to in paragraph (2)(a); and (b) in respect of a hazardous and noxious substances pollution incident, the hazardous and noxious substances pollution emergency plan referred to in paragraph (2)(b). 390 (1) Subsection 168.01(1) of the Act is replaced by the following: Notification of proposed change to operations (1) Subject to the regulations, an operator of an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations that proposes to make a change, or permit a change to be made, to the facility’s operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels must — at least 180 days before the day on which it makes the change or permits the change to be made — notify the Minister of the change, including any of the following changes: (a) a change in the facility’s transfer rate, if the change would result in the facility becoming part of a different class established by the regulations; (b) a change in the design of the facility or a change in the facility’s equipment; or (c) a change in the type or composition of oil that is, or hazardous and noxious substances that are, loaded or unloaded to or from vessels. (2) Subsection 168.01(3) of the Act is replaced by the following: Revise plans (3) The operator referred to in subsection (1) must revise the oil pollution prevention plan and the oil pollution emergency plan, or the hazardous and noxious substances pollution prevention plan and the hazardous and noxious substances pollution emergency plan, and submit the revised plans to the Minister at least 90 days before making the change or permitting the change to be made, or within any other time specified by the Minister. 391 Section 168.1 of the Act is replaced by the following: Update or revise plans 168. 1 Despite any other provision of this Part or the regulations, the Minister may direct the operator of an oil handling facility to update or revise an oil pollution prevention plan or an oil pollution emergency plan, or the operator of a hazardous and noxious substances handling facility to update or revise a hazardous and noxious substances pollution prevention plan or a hazardous and noxious substances pollution emergency plan, and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister. 392 Section 168.3 of the Act is replaced by the following: Minister may take measures 168. 3 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or may discharge oil or that the oil pollution prevention plan or the oil pollution emergency plan for the facility does not meet the requirements set out in the regulations, that a hazardous and noxious substances handling facility has discharged, is discharging or may discharge hazardous and noxious substances or that the hazardous and noxious substances pollution prevention plan or the hazardous and noxious substances pollution emergency plan for the facility does not meet the requirements set out in the regulations or that the operator of any of those facilities does not have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge during the loading or unloading of a vessel, the Minister may (a) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the facility; or (b) if the Minister considers it necessary, direct the operator of the facility to take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the facility, including to stop loading or unloading oil or hazardous and noxious substances to or from vessels. 393 Paragraphs 175.1(1)(c) and (d) of the Act are replaced by the following: (c) direct a vessel that is required to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide information concerning it and its implementation; (d) direct the operator of an oil handling facility or a hazardous and noxious substances handling facility to provide any document that the operator is required to have on site under this Part; and 394 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following: Minister of Fisheries and Oceans — measures 180 (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel, an oil handling facility or a hazardous and noxious substances handling facility has discharged, is discharging or may discharge a pollutant, that Minister may (2) Paragraphs 180(1)(a) to (c) of the English version of the Act are replaced by the following: (a) take the measures that that Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or facility, including, in the case of a vessel, by removing — or by selling, dismantling, destroying or otherwise disposing of — the vessel or its contents; (b) monitor the measures taken by any person or vessel to repair, remedy, minimize or prevent pollution damage from the vessel or facility; or (c) if that Minister considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so. (3) Subsection 180(3) of the Act is replaced by the following: Compensation (3) Compensation must be paid by His Majesty in right of Canada for the services of any person or vessel, other than the operator of a vessel, an oil handling facility or a hazardous and noxious substances handling facility that had discharged, was discharging or may have discharged a pollutant, that has complied with a direction issued under paragraph (1)(c). 395 Subsection 180.1(3) of the Act is replaced by the following: Use of property (3) If required, the Minister of Fisheries and Oceans or the pollution response officer may use property adjacent to or in the vicinity of a vessel, oil handling facility or hazardous and noxious substances handling facility — other than a dwelling-house — for the purposes of exercising their powers or performing their duties or functions under this Part, and any person accompanying that Minister or the pollution response officer may use such property to help that Minister or officer exercise their powers or perform their duties or functions under this Part. 396 (1) Paragraph 182(1)(a) of the Act is replaced by the following: (a) respecting the circumstances in which operators of oil handling facilities or hazardous and noxious substances handling facilities must report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports must be made; (2) Paragraphs 182(1)(d.1) and (d.2) of the Act are replaced by the following: (d.1) establishing classes of oil handling facilities or hazardous and noxious substances handling facilities and determining which of the requirements set out in sections 167.1 to 168.01 apply to the operators of, or to persons who propose to operate, oil handling facilities or hazardous and noxious substances handling facilities of each class; (d.2) respecting oil pollution prevention plans, oil pollution emergency plans, hazardous and noxious substances pollution prevention plans and hazardous and noxious substances pollution emergency plans, including the time within which the plans must be submitted to the Minister and the circumstances in which up-to-date plans must be submitted to the Minister; (3) Paragraph 182(1)(d.4) of the Act is replaced by the following: (d.4) respecting the information and documents referred to in sections 167.1, 167.3 and 167.31 and subsection 168.01(2), including the time within which the information and documents must be submitted to the Minister; (d.5) respecting the inclusion of the hazardous and noxious substances pollution emergency plan of a facility that is both an oil handling facility and a hazardous and noxious substances handling facility within any other plan required under this Act; and (4) Subsection 182(2) of the Act is replaced by the following: Designation (2) Despite the regulations, the Minister may designate an oil handling facility or a hazardous and noxious substances handling facility that is part of a class established by the regulations to be part of a different class established by the regulations or an oil handling facility or a hazardous and noxious substances handling facility that is not part of a class established by the regulations to be part of one of those classes. (5) Subsection 182(3) of the English version of the Act is replaced by the following: Notification (3) The Minister must notify the operator of a facility of any designation made in respect of it under subsection (2). 397 (1) Paragraph 183(1)(a.1) of the English version of the Act is replaced by the following: (a.1) subsection 167.2(1) (submission of prevention plan and emergency plan); (2) Subsection 183(1) of the Act is amended by adding the following after paragraph (c): (c.1) paragraph 168(2)(c) (submission of up-to-date date hazardous and noxious substances pollution prevention plan); (c.2) paragraph 168(2)(e) (submission of up-to-date date hazardous and noxious substances pollution emergency plan); (c.3) paragraph 168(2)(f) (have procedures, equipment and resources available for immediate use — hazardous and noxious substances); (3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e): (e.001) paragraph 168(4)(a) (implement hazardous and noxious substances pollution prevention plan); (e.002) paragraph 168(4)(b) (implement hazardous and noxious substances pollution emergency plan); (4) Subsection 183(2) of the Act is replaced by the following: Contravention of regulations under paragraph 182(1)(a) (1.1) Every operator of an oil handling facility or hazardous and noxious substances handling facility who contravenes a provision of the regulations made under paragraph 182(1)(a) commits an offence. Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) or (1.1) 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. 398 (1) Subsection 184(1) of the Act is amended by adding the following after paragraph (a.3): (a.4) section 167.31 (notification — hazardous and noxious substances handling facilities); (2) Subsection 184(1) of the Act is amended by adding the following after paragraph (d): (d.001) paragraph 168(2)(a) (have a declaration on site — hazardous and noxious substances); (d.002) paragraph 168(2)(b) (have on site an up-to-date hazardous and noxious substances pollution prevention plan); (d.003) paragraph 168(2)(d) (have on site an up-to-date hazardous and noxious substances pollution emergency plan); (3) Paragraph 184(1)(o) of the Act is replaced by the following: (o) a provision of the regulations made under this Part other than a regulation made under paragraph 182(1)(a). 399 (1) The definition pollutant in section 185 of the Act is replaced by the following : pollutant  means (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans. It includes oil, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. ( polluant ) (2) Section 185 of the Act is amended by adding the following in alphabetical order: hazardous and noxious substance  means a substance other than oil that, if introduced into the marine environment, is likely to create hazards to human health, harm living resources and marine life, damage amenities or interfere with legitimate uses of the marine environment. ( substance nocive et potentiellement dangereuse ) hazardous and noxious substances pollution incident  means any occurrence or series of occurrences having the same origin, including fire or explosion, that results or may result in a discharge of hazardous and noxious substances. ( événement de pollution par les substances nocives et potentiellement dangereuses ) 400 The Act is amended by adding the following after section 186: Authorized Representatives General duties 186.1 (1) The authorized representative of a Canadian vessel must (a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part; (b) develop procedures for preventing the discharge of a pollutant and for dealing with emergencies; (c) ensure that the crew receives training in emergency procedures; and (d) ensure that the crew and passengers receive training in environmental protection. Duties — Canadian maritime documents inspection (2) The authorized representative of a Canadian vessel must ensure that (a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and (b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met. Masters Masters obtaining Canadian maritime documents 186. 2 The master of a Canadian vessel must, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained. Protection of marine environment 186.3 (1) The master of a vessel must take all reasonable measures to ensure the protection of the marine environment. Duty to take reasonable measures (2) If the master of a vessel is informed that the vessel may have discharged, has discharged, is discharging or may discharge a pollutant, the master must take reasonable measures to protect the marine environment from the discharge or risk of discharge, including eliminating the risk if feasible. The master of a Canadian vessel must notify the authorized representative of the discharge or risk, unless the risk has been eliminated. 401 Section 188 of the Act is replaced by the following: Implementation of pollution emergency plan 188 (1) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the vessel must take reasonable measures to implement the plan in respect of an oil pollution incident or hazardous and noxious substances pollution incident. Notice to Minister (2) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the owner or authorized representative of the vessel must notify the Minister, in the form and manner that the Minister specifies, of the identity of the person who, in accordance with the regulations, is responsible for implementing the vessel’s plan. 402 (1) Section 189 of the Act is renumbered as subsection 189(1). (2) Subsection 189(1) of the Act is amended by adding the following after paragraph (a.1): (a.2) direct a vessel that is required to have a shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation; (3) The portion of paragraph 189(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following: d) ordonner au bâtiment de se rendre, de la façon et par la route qu’il spécifie, au lieu qu’il précise et, selon le cas : (4) Section 189 of the Act is amended by adding the following after subsection (1): Direction to authorize vessel (2) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (1)(d) to proceed to the place selected by the Minister and to (a) unload the pollutant; or (b) moor, anchor or remain there for any reasonable period that the Minister may specify. 403 (1) Paragraph 190(1)(a) of the Act is replaced by the following: (a) prescribing pollutants for the purpose of section 187 and subsection 189(1) and respecting the circumstances in which such pollutants may be discharged; (2) Subsection 190(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m): (n) respecting shipboard hazardous and noxious substances pollution emergency plans. 404 (1) Paragraph 191(1)(a) of the Act is replaced by the following: (a) paragraph 186.1(1)(a) (ensure vessel meets requirements); (a.1) paragraph 186.1(1)(b) (develop procedures); (a.2) paragraph 186.1(1)(c) (ensure emergency procedures training); (a.3) paragraph 186.1(1)(d) (ensure environmental protection training); (a.4) paragraph 186.1(2)(a) (ensure vessel inspected); (a.5) paragraph 186.1(2)(b) (ensure terms and conditions met); (a.6) section 186.2 (obtain Canadian maritime documents); (a.7) subsection 186.3(1) (protection of marine environment); (a.8) subsection 186.3(2) (take reasonable measures); (a.9) section 187 (discharge of a pollutant); (2) Paragraph 191(1)(b) of the Act is replaced by the following: (b) subsection 188(1) (implement shipboard emergency plan); (b.1) subsection 188(2) (notice to Minister — identity of qualified person); (3) Paragraph 191(1)(c) of the Act is replaced by the following: (c) a direction given under subparagraph 189(1)(d)(i) (direction to proceed to a place and unload a pollutant); (c.1) a direction given under subsection 189(2) (direction to authorize a vessel); and 405 (1) Paragraph 192(1)(a) of the Act is replaced by the following: (a) a direction given under paragraph 189(1)(a) or (b) (direction to provide information); (a.1) a direction given under paragraph 189(1)(a.1) (direction to provide information — shipboard oil pollution emergency plan); (2) Subsection 192(1) of the Act is amended by adding the following after paragraph (a.1): (a.2) a direction given under paragraph 189(1)(a.2) (direction to provide information — shipboard hazardous and noxious substances pollution emergency plan); (3) Paragraphs 192(1)(b) and (c) of the Act are replaced by the following: (b) a direction given under paragraph 189(1)(c) (direction to proceed by a specified route); or (c) a direction given under subparagraph 189(1)(d)(ii) (direction to proceed to a place and remain there). 406 Section 194 of the Act is amended by adding the following in alphabetical order: pollutant  means (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans. It includes oil, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. ( polluant ) 407 Section 202 of the Act is replaced by the following: Licensing of pleasure craft 202 (1) Subject to the regulations, if a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft must not operate it, or permit it to be operated, unless it is licensed. Transfer of licence (2) Subject to the regulations, when the ownership of a pleasure craft referred to in subsection (1) changes, the new owner must not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations. 408 The Act is amended by adding the following after section 203: Refusal to issue or transfer licence 203. 1 Despite any other provision of this Act, the Minister may refuse to issue — including by way of renewal — or transfer a licence for a pleasure craft or may refuse to issue a replacement licence if the applicant for, or holder of, the licence is in default of payment of a required fee, charge, cost or expense in respect of that pleasure craft under this Act or the Wrecked, Abandoned or Hazardous Vessels Act . 409 Paragraph 207(1)(k) of the French version of the Act is replaced by the following: k) concernant l’identification de la coque ou les numéros de série qui identifient les embarcations de plaisance; 410 Subsection 209(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 411 The definition relevant provision in section 210 of the Act is replaced by the following: relevant provision  means a provision of this Act or the regulations that the Minister is responsible for administering. ( disposition visée ) 412 (1) Subsection 211(3) of the French version of the Act is replaced by the following: Arraisonnement (3) Aux fins d’inspection, l’inspecteur peut ordonner au capitaine d’immobiliser son bâtiment ou de se rendre au lieu qu’il précise et de s’y amarrer à quai, de mouiller ou de rester à cet endroit pour la période raisonnable qu’il indique. (2) Section 211 of the Act is amended by adding the following after subsection (3): Direction to authorize vessel (3.1) A marine safety inspector may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under subsection (3) to proceed to the place selected by the inspector and moor, anchor or remain there for any reasonable period that the inspector may specify. (3) Paragraphs 211(4)(d.1) and (e) of the Act are replaced by the following: (d.1) direct the operator of an oil handling facility or hazardous and noxious substances handling facility, or a person who proposes to operate such a facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan, an oil pollution emergency plan, a hazardous and noxious substances pollution prevention plan or a hazardous and noxious substances pollution emergency plan referred to in Part 8; (e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility or hazardous and noxious substances handling facility is required to have on site, under a relevant provision; 413 Subsection 222(11) of the Act is replaced by the following: Liability for expenses (11) The authorized representative and the owner of a vessel that is detained under this section are jointly and severally, or solidarily, liable for all expenses incurred in respect of the detained vessel. 414 Paragraph 224(c) of the Act is replaced by the following: (c) if a person to whom a direction is given under paragraph (b) does not comply with it 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 vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative and the owner of the vessel, for which the authorized representative and the owner are jointly and severally, or solidarily, liable for the expense of moving the vessel. 415 (1) Subsection 226(2) of the Act is replaced by the following: Vessel may be seized and sold if fine or penalty not paid (2) At any time after a fine is imposed under a relevant provision against, or a certificate is registered in the Federal Court under subsection 235(2) in respect of, a vessel, its authorized representative or its owner, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative or owner, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale. (2) Paragraph 226(4)(a) of the Act is replaced by the following: (a) the authorized representative and the owner, jointly and severally, or solidarily, in the case of a Canadian vessel; and 416 The portion of subsection 227(1) of the Act before paragraph (a) is replaced by the following: Minister’s powers 227 (1) If the Minister has reasonable grounds to believe that a foreign vessel is in contravention of an international convention, protocol or resolution listed in Schedule 1, the Minister may 417 Section 240 of the French version of the Act is replaced by the following: Registre public 240 Le ministre tient un registre public des procès-verbaux ou avis de défaut au dossier d’une personne ou d’un bâtiment. 418 (1) The portion of subsection 245(1) of the Act before paragraph (a) is replaced by the following: Contravention of Act 245 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (2) Subsection 245(1) of the Act is amended by adding the following after paragraph (a): (a.1) a direction given under subsection 211(3.1) (direction to authorize a vessel); (3) Subsection 245(2) of the English version of the Act is replaced by the following: Punishment (2) Every person who, or vessel that, 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. 419 Paragraph 269(1)(b) of the Act is replaced by the following: (b) tranship in Canadian waters, in the exclusive economic zone of Canada or on the high seas such an article from a Canadian vessel to any vessel bound for such a territory; 420 The portion of section 272 of the French version of the Act before paragraph (a) is replaced by the following: Droits acquis — bâtiments titulaires de permis 272 Les bâtiments, à l’exception des embarcations de plaisance, qui sont titulaires d’un permis délivré sous le régime de l’article 108 de la Loi sur la marine marchande du Canada , chapitre S-9 des Lois révisées du Canada (1985), à l’entrée en vigueur de la partie 2 sont réputés être inscrits dans la partie du registre sur les petits bâtiments mentionnée au paragraphe 43(1) : 421 The heading of Schedule 1 to the Act is replaced by the following: International Conventions, Protocols and Resolutions — Minister of Transport 422 The heading of Schedule 2 to the Act is replaced by the following: International Conventions, Protocols and Resolutions — Minister of Fisheries and Oceans 423 The French version of the Act is amended by replacing “fonctionnaire” with “officier”, with any necessary modifications, in the following provisions: (a) paragraph 126(1)(b), subsection 126(2), the portion of subsection 126(3) before paragraph (a) and paragraphs 126(4)(a) and (b) and (5)(a); and (f) subsection 265(1). Transitional Provisions Definition of Act 424 (1) In this section and sections 425 and 426 , Act means the Canada Shipping Act, 2001 . Words and expressions (2) Words and expressions used in sections 425 and 426 have the same meaning as in the Act. Information with respect to authorized representative 425 (1) If, during the period beginning on the day on which this section comes into force and ending on the day on which an application for the renewal of a vessel’s certificate of registry is made for the first time after that day, the owner enters into an arrangement referred to in paragraph 14(2)(a) of the Act, the authorized representative must, despite subsection 58(1) of the Act, notify the Chief Registrar of their name and address no later than the day on which that application is made. Contravention (2) Every person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $25,000. Definition of transition period 426 (1) In this section, transition period means the period beginning on the day on which this section comes into force and ending on the day on which a regulation made under section 244 of the Act that designates a contravention of any of the provisions of the Act or regulations or directions referred to in subsection (2) as a violation for the purposes of section 228 of the Act comes into force. Deemed violation (2) During the transition period, a contravention of any of the following is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act: (a) a direction given under subsection 111(1), (2) or (3) of the Act; (b) a direction given under subsection 114(1) or (2) of the Act; (c) a provision of the regulations made under subsection 136(1) of the Act; (d) paragraph 186.1(1)(a), (b), (c) or (d) or (2)(a) or (b), section 186.2 or subsection 186.3(1) or (2) of the Act; (e) a direction given under paragraph 189(1)(a), (a.1), (b), (c) or (d) of the Act; (f) a direction given under subsection 189(2) of the Act; (g) subsection 197(1) or (2) or 198(2) of the Act; and (h) a direction given under subsection 211(3.1) of the Act. Range of penalties (3) The range of penalties in respect of a violation referred to in subsection (2) is $250 to $250,000. Continued violation (4) A violation referred to in subsection (2) constitutes a separate violation for each day on which it is continued. 2019, c. 26 Related Amendment to the Oil Tanker Moratorium Act 427 Subsection 5(2) of the Oil Tanker Moratorium Act is replaced by the following: Exception — Canada Shipping Act, 2001 (2) Section 4 does not apply in respect of a vessel carrying out an activity in order to comply with a direction given under subsection 111(2) or 114(2), paragraph 180(1)(c) or 189(1)(d) or subsection 211(3) of the Canada Shipping Act, 2001 . Coming into Force Order in council 428 Sections 364 and 385 to 388 , subsections 389 (2) and (3), sections 390 to 393 , 396 to 398 and 401 and subsections 402 (2), 404 (2), 405 (2) and 412 (3) come into force on a day or days to be fixed by order of the Governor in Council. SUBDIVISION C 2019, c. 1 Wrecked, Abandoned or Hazardous Vessels Act Amendments to the Act 429 Subsection 6(1) of the English version of the Wrecked, Abandoned or Hazardous Vessels Act is replaced by the following: Agreements or arrangements 6 (1) The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement. 430 The Act is amended by adding the following after section 14: Vessel Remediation Fund Fund established 14.1 (1) There is established in the accounts of Canada an account to be known as the Vessel Remediation Fund. Credits to Fund (2) There is to be paid into the Consolidated Revenue Fund and credited to the Vessel Remediation Fund (a) any amounts forfeited to His Majesty in right of Canada under subsection 41(2); (b) the amounts of the debts referred to in any of paragraphs 99(1)(a) to (d) and 129(1)(a) to (c) and recovered by His Majesty in right of Canada; (c) all amounts paid under regulations made under paragraph 130(1)(o.1); and (d) the amounts of all fines and penalties paid in respect of the commission of an offence or violation under this Act. Charges to Fund (3) There may be paid out of the Consolidated Revenue Fund and charged to the Vessel Remediation Fund all amounts required by the Minister or the Minister of Fisheries and Oceans to (a) take measures under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsections 37(3) and (4) and to pay compensation under section 44 or subsection 86(6); (b) promote public awareness of the responsibilities associated with vessel ownership; (c) fund research and development activities aimed at improving methods of recycling vessels and disposing of them in a manner that is environmentally responsible; (d) fund research and development activities with respect to vessel and wreck remediation techniques; (e) increase capacity at the local level, including in Indigenous groups and communities, to perform vessel risk assessments and to recycle, dismantle or otherwise dispose of vessels; (f) fund voluntary vessel disposal activities in respect of dilapidated vessels, wrecks, abandoned vessels and vessels that pose, or may pose, a hazard, as well as in respect of vessels at risk of becoming dilapidated vessels, wrecks or abandoned, including for the purposes of repairing, securing, moving or removing the vessels, wrecks and their contents or selling, dismantling, destroying or otherwise disposing of them; (g) pay for the financial and program administration costs incurred in relation to the purposes referred to in paragraphs (a) to (f) and (h), other than the salaries of employees , as defined in subsection 2(1) of the Public Service Employment Act ; and (h) pay for the costs incurred in relation to any other purpose that the Governor in Council may, by order, specify and that relates to dilapidated vessels, wrecks, abandoned vessels or vessels that pose a hazard. Agreement (4) An amount paid out of the Consolidated Revenue Fund under subsection (3) must be in respect of a purpose that is set out in a plan for the use of the Vessel Remediation Fund that is agreed to by the Minister and the Minister of Fisheries and Oceans. Limit on payments (5) No payment is to be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Vessel Remediation Fund. Definitions (6) In subsection (3), the expressions dilapidated vessel , hazard and wreck have the meanings assigned by section 27. 431 Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following: Owner unknown or not located (2) If the owner referred to in subsection (1) is unknown or cannot be located, any amount that is to be paid to them under that subsection is forfeited to His Majesty in right of Canada. 432 (1) Paragraph 82(5)(b) of the Act is replaced by the following: (b) the amount and form of any security that is to be deposited with the Minister or the Minister of Fisheries and Oceans. (2) Subsections 82(9) and (10) of the Act are replaced by the following: Rescission of orders (9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must 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 or the Minister of Fisheries and Oceans. Notice of rescission (10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister or the Minister of Fisheries and Oceans, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission. (3) The portion of subsection 82(12) of the Act before paragraph (a) is replaced by the following: Return of security (12) If, in the opinion of the Minister or the Minister of Fisheries and Oceans, the matter has been resolved, that Minister 433 Section 84 of the Act is replaced by the following: Permission or direction to move vessel 84 (1) The Minister or the Minister of Fisheries and Oceans may, in respect of a vessel that is subject to a detention order, (a) on application made by the authorized representative of the vessel or, in the absence of an authorized representative, the person in charge of the vessel, permit the vessel to be moved in accordance with the directions of the Minister or the Minister of Fisheries and Oceans; and (b) on application made by the owner of a dock or wharf — or by the person in charge of a place — at which the detained vessel is situated, direct the authorized representative or person in charge of the vessel to move it in accordance with the directions of the Minister or the Minister of Fisheries and Oceans. 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 or the Minister of Fisheries and Oceans 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 vessel, the Minister or the Minister of Fisheries and Oceans may authorize the applicant to move the vessel in accordance with that Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner. 434 (1) Subsection 130(1) of the Act is amended by adding the following after paragraph (o): (o.1) respecting the fees, charges, costs and expenses — other than the fees referred to in paragraph (o) — to be paid in relation to the administration and enforcement of this Act; (2) Subsection 130(2) of the Act is replaced by the following: Debt due to His Majesty (2) All fees set under paragraph (1)(o) and all fees, charges, costs and expenses to be paid under paragraph (1)(o.1) constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction. (3) The portion of subsection 130(3) of the Act before paragraph (a) is replaced by the following: Payment of fees, charges, costs or expenses (3) If a fee is imposed under paragraph (1)(o) or a fee, charge, cost or expense is to be paid under paragraph (1)(o.1) (4) Paragraphs 130(3)(a) to (c) of the English version of the Act are replaced by the following: (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense; (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense; and (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense. (5) Section 130 of the Act is amended by adding the following after subsection (5): Exemption by Minister (6) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any person or vessel, or class of persons or vessels, from the requirement to pay any fee, charge, cost or expense under regulations made under paragraph (1)(o.1) if, in the opinion of the Minister, it is in the public interest to do so. The Minister may also cancel such an exemption. Statutory Instruments Act (7) An exemption made under subsection (6) and any cancellation of such an exemption are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act . Coming into Force Order in council 435 (1) Section 430 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 referred to in subsection (2). Order in council (2) Section 431 comes into force on a day to be fixed by order of the Governor in Council. DIVISION 22 1996, c. 10 Canada Transportation Act Amendments to the Act 436 The Canada Transportation Act is amended by adding the following after section 6.1: Designated person 6. 11 The Governor in Council may, by regulations, designate a person for the purposes of subsections 50(1.001) and (3) and 51(1), (3) and (4). 437 The Act is amended by adding the following after section 47: Regulations Performance data of air carriers 47. 1 The Governor in Council may make regulations requiring air carriers to publish information respecting their performance on their Internet site. 438 The Act is amended by adding the following before the heading “Inquiries” before section 49: Authorization Powers and duties 48 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the powers and perform any of the duties of the Minister under this Act, either generally or otherwise provided in the instrument of authorization. Fees and Charges Regulations 48. 1 The Minister may make regulations respecting fees and charges to be paid to the Minister in relation to the administration and enforcement of this Act. 439 (1) Section 50 of the Act is amended by adding the following after subsection (1): Efficiency of system (1.001) The Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system to provide information, other than personal information as defined in section 3 of the Privacy Act , to the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system, when and in the form and manner that the regulations may specify, for the purposes of ensuring the proper functioning of the national transportation system or increasing its efficiency. (2) Subsection 50(3) of the Act is replaced by the following: Restriction (3) No regulation made under subsection (1) or (1.001) shall require or have the effect of requiring any person to provide the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system with a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 53 of the Canada Marine Act . 440 (1) Subsection 51(1) of the Act is replaced by the following: Confidentiality of information — Minister or designated person 51 (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided under this Act to the Minister or a person designated under section 6.11 is, when it is received by the Minister or the designated person, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173. (2) Subsection 51(2) of the Act is amended by adding the following after paragraph (a): (a.1) the communication of information that is provided under regulations made under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system; (a.2) the communication of information prescribed in the regulations to persons prescribed in the regulations; (3) Subsections 51(3) and (4) of the Act are replaced by the following: Regulations (2.2) The Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2). Safe and secure procedures (3) The Minister and any person designated under section 6.11 shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure. Requirement for other persons to maintain confidentiality (4) Any person who receives from the Minister or a person designated under section 6.11 information that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality. 441 Section 51.1 of the Act is replaced by the following: Publication 51. 1 Despite subsection 51(1), the Minister may make public (a) information related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b); and (b) information referred to in paragraph 50(2)(d). Confidential information — other persons 51.11 (1) Information that is required to be provided under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system is, when it is received by those persons, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173. Safe and secure procedures (2) The persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system must ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure. 442 The Act is amended by adding the following after section 51.4: Order 51.5 (1) If the Minister is of the opinion that there exists an unusual and significant disruption to the effective continued operation of the national transportation system, the Minister may, by order, require any persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system to provide to the Minister information, other than personal information as defined in section 3 of the Privacy Act , that the Minister considers relevant to the assessment of the cause of the disruption or the mitigation or resolution of the disruption. Order is temporary (2) An order made under this section has effect for the period, not exceeding 90 days, that is specified in the order. Not a statutory instrument (3) The order is not a statutory instrument within the meaning of the Statutory Instruments Act . Disclosure of information (4) Despite subsection 51(1), the Minister may disclose information that has been provided to the Minister under this section to any person for the purposes of the mitigation or resolution of the disruption. 443 (1) Section 127 of the Act is amended by adding the following after subsection (2): Order — Prairies (2.1) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, the Agency may order (a) one of the companies to interswitch the traffic; and (b) the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them. (2) Section 127 of the Act is amended by adding the following after subsection (4): Interswitching limits — Prairies (5) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, a railway company must not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate. Information — traffic (6) When providing the Minister with information under regulations made under paragraph 50(1.01)(a), the Canadian National Railway Company and the Canadian Pacific Railway Company are also required to provide the Minister, in the same form and manner, with the following information with respect to any traffic that is moved by a railway car in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5): (a) an indication as to whether the point of origin or destination of the movement of the railway car was located within a radius of 30 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta; (b) an indication as to whether the point of origin or destination of the movement of the railway car was within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange; (c) an indication as to whether the railway car was moved by the railway company at the interswitching rate; and (d) if possible, an indication as to whether the railway car was moved by another railway company at the interswitching rate. Additional information (7) On request, a railway company must provide to the Minister, in the form and manner specified by the Minister, any of the information or documents that have been provided to the Agency under section 128.1 in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5). 444 (1) Section 127.1 of the Act is amended by adding the following after subsection (1): Interswitching rate — Prairies (1.1) The Agency shall, no later than 90 days after the day on which this subsection comes into force, determine the rate per car to be charged for interswitching traffic within a zone that includes a point of origin or destination of a continuous movement of traffic that is located in whole or in part in Manitoba, Saskatchewan or Alberta and is within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, for the calendar year in which this subsection comes into force. (2) Subsection 127.1(4) of the French version of the Act is replaced by the following: Publication de la méthode (4) L’Office publie, quand il fixe le prix au titre du paragraphe (1), la méthode qu’il a suivie pour le faire. (3) Section 127.1 of the Act is amended by adding the following after subsection (4): Publication of method — subsection (1.1) (4.1) The Agency shall, when it makes its determination under subsection (1.1), publish the method that it followed for determining the rate. (4) Section 127.1 of the Act is amended by adding the following after subsection (5): Publication — subsection (1.1) (6) The Agency shall, no later than 90 days after the day on which this subsection comes into force, publish the rate determined under subsection (1.1) on its Internet site. 445 The Act is amended by adding the following after section 127.1: Repeal 127. 2 This section and subsections 127(2.1) and (5) to (7) and 127.1(1.1), (4.1) and (6) are repealed on the day that, in the 18th month after the month in which subsection 127(2.1) comes into force, has the same calendar number as the day on which that subsection 127(2.1) comes into force or, if that 18th month has no day with that number, the last day of that 18th month. 446 Section 177 of the Act is amended by adding the following after subsection (2): Certain provisions (2.001) The contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000. 447 The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following: Notices of violation 178 (1) The Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), may 448 (1) The portion of subsection 178.1(1) of the Act before paragraph (a) is replaced by the following: Other powers of enforcement officers 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose, (2) Paragraph 178.1(1)(i) of the Act is replaced by the following: (i) order the owner or person having possession of any thing to which any provision of this Act or of any regulation, order or direction made under this Act or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement; 449 Section 179 of the Act is amended by adding the following after subsection (3): Continuing violation (4) 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. 450 Subsection 180.8(2) of the Act is replaced by the following: Delegation by Minister (2) In the case of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part. Coming into Force 90th day after royal assent 451 Sections 443 and 445 come into force on the 90th day after the day on which this Act receives royal assent. DIVISION 23 Air Travel Complaints 1996, c. 10 Canada Transportation Act 452 Section 34 of the Canada Transportation Act is replaced by the following: Fees and charges 34 (1) The Agency may, after consulting with the Minister, make rules respecting the fees and charges to be paid in relation to the administration or enforcement of any provision of this Act or the regulations whose administration or enforcement is the responsibility of the Agency. Consultation (2) Before making a rule under subsection (1), the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter. Debt due to His Majesty (3) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction. 453 Paragraph 67(1)(c) of the Act is replaced by the following: (c) retain a record of its tariffs, and publish them on its Internet site, for a period of not less than three years after the tariffs have ceased to have effect. 454 Section 67.1 of the Act is repealed. 455 Subsection 67.2(1) of the Act is replaced by the following: Unreasonable or unduly discriminatory terms or conditions 67.2 (1) If the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place. 456 Section 67.3 of the Act is repealed. 457 Section 67.4 of the Act is repealed. 458 Subsections 68(1) and (1.1) of the Act are replaced by the following: Non-application of fares, etc. 68 (1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential. Non-application of terms and conditions (1.1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees. 459 Section 85.1 of the Act and the heading before it are replaced by the following: Carrier’s Obligation Process for claims 85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers. Period to communicate decision (2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request. Air Travel Complaints Complaint resolution officers 85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12. Limits on powers and duties (2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency. Clarification — proceedings (3) Proceedings before a complaint resolution officer are not proceedings before the Agency. Non-application of certain provisions 85. 03 Sections 17, 25 and 36.1 do not apply in respect of any matter that may be dealt with under sections 85.04 to 85.12. Complaints related to tariffs 85.04 (1) A person may file a complaint in writing with the Agency if (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs; (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage; (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made. Refusal to deal with complaint (2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that (a) the criteria set out in subsection (1) have not been met; (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or (c) the complaint is vexatious or made in bad faith. Mediation 85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed. Filing of mediation agreement (2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency. Decision on complaint 85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier, (a) make an order under subsection 85.07(1); or (b) make an order dismissing the complaint. Status of order (2) An order referred to in subsection (1) is not an order or decision of the Agency. Order related to tariffs 85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs. Onus (2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary. Filing of order and enforcement (3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency. Prior decisions to be taken into account 85. 08 In regards to the issue of whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight. Confidentiality of information 85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it. Communication of information (2) Subsection (1) does not apply so as to prohibit (a) the communication of information to the Agency; (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or (c) the making public by the Agency of information under sections 85.14 and 85.15. Procedure 85. 1 Subject to the procedure set out in the guidelines referred to in section 85.12, a complaint resolution officer shall deal with complaints in the manner that they consider appropriate in the circumstances. Assistance by Agency 85. 11 The Agency may, at a complaint resolution officer’s request, provide administrative, technical and legal assistance to the complaint resolution officer. Guidelines 85.12 (1) The Agency may issue guidelines (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints. Guidelines binding (2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1). Publication (3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to the guideline. Referral to panel 85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12. Clarification – panels (2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel. Publication — order or summary of order 85.14 (1) The Agency shall make public (a) in the case of an order made by a single complaint resolution officer (i) the number of the flight to which the order relates, (ii) the date of departure of the flight that is indicated on the complainant’s ticket, (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and (b) subject to subsection (2), in the case of an order made by a panel, the entire order. Exception (2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv). Part of annual report 85. 15 The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under subsection 85.04(1), the names of the carriers against whom the complaints were made, the number of complaints for which an order was made under subsection 85.07(1) and the systemic trends observed. Fees and charges 85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12. Carrier’s liability (2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges. Consultation (3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter. Publication (4) The Agency shall publish the fees and charges on its Internet site. Debt due to His Majesty (5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction. Spending authority (6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year. Service Fees Act (7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1). 460 Subsection 85.07(2) of the Act is replaced by the following: Onus (2) If a complaint raises an issue as to whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, the exception is presumed not to apply unless the carrier proves the contrary. 461 Section 85.08 of the Act is replaced by the following: Prior decisions to be taken into account 85. 08 In regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight. 462 Subparagraph 85.14(1)(a)(iii) of the Act is replaced by the following: (iii) any decision contained in the order in regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, and 463 Section 85.16 of the Act is repealed. 464 (1) Paragraph 86(1)(h) of the Act is amended by adding “and” at the end of subparagraph (ii) and by repealing subparagraphs (iii) and (iii.1). (2) Subsection 86(1) of the Act is amended by adding the following after paragraph (h): (h.1) respecting the process for dealing with claims referred to in section 85.01; 465 (1) Subparagraphs 86.11(1)(b)(i) to (iii) of the Act are replaced by the following: (i) the minimum standards of treatment of passengers that the carrier is required to meet, including those that the carrier is required to meet when an exception specified by regulations made under paragraph (b.1) applies, (ii) the minimum compensation the carrier is required to pay for inconvenience, (iii) the carrier’s obligation to ensure that passengers complete their itinerary or, if they are not able to complete it within a reasonable time, receive a refund, and (2) Subsection 86.11(1) of the Act is amended by adding the following after paragraph (b): (b.1) specifying exceptions to the obligation set out in subparagraph (b)(ii); (3) Paragraph 86.11(1)(c) of the Act is replaced by the following: (c) prescribing the minimum compensation for delayed, lost or damaged baggage that the carrier is required to pay; (4) Subsection 86.11(1) 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) respecting the carrier’s obligations with respect to refunds in the event that a person who has reserved space on a flight with the carrier cancels the reservation due to the issuance of a Government of Canada travel advisory; and 466 Subparagraph 177(1)(b)(ii) of the Act is replaced by the following: (ii) $25,000 — or, in the case of a violation involving a contravention of any provision of a regulation made under subsection 86.11(1), $250,000 — in the case of a corporation. 467 (1) Subsection 180.1(1) of the Act is replaced by the following: Options 180.1 (1) Subject to subsections (2) to (4), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty. (2) Section 180.1 of the Act is amended by adding the following after subsection (3): Regulations made under subsection 86.11(1) — penalty (4) A person who has been served with a notice of violation that identifies any provision of a regulation made under subsection 86.11(1) that was contravened and that sets out a penalty for the violation must (a) pay the amount of the penalty specified in the notice; (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations to which the violation relates. 468 (1) The portion of subsection 180.62(1) of the Act before paragraph (a) is replaced by the following: Entering into compliance agreements 180.62 (1) After considering a request made under paragraph 180.1(3)(c) or (4)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may (2) Paragraph 180.62(4)(a) of the Act is replaced by the following:   (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in paragraph 177(1)(b) or subsection 177(3), as the case may be, an amount that is twice the amount of that penalty; 469 Subsection 180.63(1) of the Act is replaced by the following: Refusal to enter compliance agreement 180.63 (1) If the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c) or (4)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation. 470 (1) Section 180.64 of the Act is amended by adding the following after subsection (2): Regulations made under subsection 86.11(1) (2.1) If a person to whom subsection 180.1(4) applies does not pay the amount of the penalty specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(4)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. (2) Subsection 180.64(4) of the Act is replaced by the following: Refusal to enter into compliance agreement (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) or (4)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. 471 Section 181 of the Act is replaced by the following: Time limit for proceedings 181 Proceedings in respect of a violation may be instituted not later than 36 months after the time when the subject matter of the proceedings arose. Transitional Provisions Complaints remaining with Agency 472 (1) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with that Act, and any regulations made under it, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates. Complaints to be dealt with by complaint resolution officers (2) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is not in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with (a) sections 85.04 to 85.12 of that Act; and (b) any regulations made under subsection 86.11(1) of that Act as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates. Complaints relative to coming into force of subsection 465 (1) 473 A complaint filed under subsection 85.04(1) of the Canada Transportation Act before the day on which subsection 465 (1) comes into force that was not disposed of before that day, and a complaint filed under that subsection 85.04(1) on or after that day in respect of a flight for which the date of departure that is indicated on the complainant’s ticket is before that day, is to be dealt with and disposed of in accordance with sections 85.04 to 85.12 of that Act, and any regulations made under subsection 86.11(1) of that Act, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates. Coming into Force September 30, 2023 474 (1) Sections 454 to 456 , 458 and 459 come into force on September 30, 2023 or, if it is later, on the day on which this Act receives royal assent. Order in council (2) Sections 457 , 460 to 464 and subsections 465 (1), (2) and (4) come into force on a day or days to be fixed by order of the Governor in Council. DIVISION 24 R.S., c. 1 (2nd Supp.) Customs Act Amendments to the Act 475 Section 7.1 of the Customs Act is replaced by the following: Obligation to provide accurate information 7. 1 Any information provided to an officer or the Agency in the administration or enforcement of this Act, the Customs Tariff or the Special Import Measures Act , or under any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, shall be true, accurate and complete. 476 (1) Subsections 11(1) to (3) of the Act are replaced by the following: Presentation on arrival in Canada 11 (1) Subject to this section, every person arriving in Canada shall, except in the circumstances and subject to the conditions that may be prescribed, enter Canada only at a customs office designated for that purpose that is open for business and without delay present themselves (a) to an officer in person; or (b) to the Agency by a means of telecommunication that is specified by the Minister for use at that customs office. Limitation (1.1) If only one of the manners of presentation set out in paragraphs (1)(a) and (b) is made available at the customs office, the person shall present themselves under subsection (1) in that manner. Information (1.2) The person presenting themselves under subsection (1) shall (a) if presenting in person, provide any information that may be required by the officer in the performance of the officer’s duties under this or any other Act of Parliament; (b) if presenting by a means of telecommunication, provide any information, including a photograph taken when they are presenting themselves, that may be required by the Agency and that is related to the performance of an officer’s duties under this or any other Act of Parliament; and (c) in either case, answer truthfully any questions that are asked by an officer in the performance of those duties. Information before arrival (1.3) A person who intends to present themselves by a means of telecommunication under paragraph (1)(b) shall, in the prescribed circumstances, provide the prescribed information within the prescribed time before they arrive in Canada. Exception (2) Subsection (1) does not apply to any person who has presented themselves outside Canada at a customs office designated for that purpose and has not subsequently stopped at any other place prior to their arrival in Canada, unless an officer requires them to comply with that subsection. Presentation of passengers and crew (3) Subject to this section, every person in charge of a conveyance arriving in Canada shall, except in the circumstances and subject to the conditions that may be prescribed, ensure that the passengers and crew are immediately on arrival in Canada transported to a customs office referred to in subsection (1). (2) Subsection 11(7) of the Act is replaced by the following: Powers of officer (7) An officer may require that a person present themselves in person in accordance with paragraph (1)(a) at a time and place that the officer may specify, even if the person (a) presents themselves, or expresses an intention to present themselves, at a customs office by a means of telecommunication under paragraph (1)(b); (b) is exempt in the prescribed circumstances referred to in subsection (1) from presenting themselves in accordance with that subsection; (c) holds an authorization under subsection 11.1(1); or (d) is authorized under the regulations made under subsection 11.1(3). Regulations (8) The Governor in Council may make regulations respecting the establishment of classes of persons for the purposes of presentation under this section, including regulations respecting (a) the issuance, amendment, suspension, renewal, cancellation and reinstatement by the Minister of authorizations for membership in a class; (b) the requirements and conditions that are to be met before the authorizations may be issued; (c) the terms and conditions of the authorizations; and (d) fees or the manner of determining fees to be paid for the authorizations. Service Fees Act (9) The Service Fees Act does not apply to a fee for an authorization issued under regulations made under subsection (8) if it is a reciprocal fee under an international arrangement. 477 Section 11.7 of the Act is replaced by the following: Person travelling in mixed-traffic corridor 11.7 (1) Every person who is travelling in a mixed-traffic corridor shall, at the nearest customs office, (a) present themselves (i) to an officer in person, or (ii) to the Agency by the means of telecommunication that is specified by the Minister for use at the customs office; and (b) state whether they are arriving from a location outside or within Canada. Limitation (2) If only one of the manners of presentation set out in subparagraphs (1)(a)(i) and (ii) is made available at the customs office, the person shall present themselves under paragraph (1)(a) in that manner. 478 The Act is amended by adding the following after section 12.1: Commercial passenger aircraft — baggage 12.2 (1) Despite section 14 but subject to the regulations, every operator of an aircraft that is arriving in Canada and carrying passengers who have paid for passage shall ensure that the baggage of all passengers and crew — other than baggage in the passengers’ or crew’s actual possession — is, without delay on arrival, transported to the nearest designated international baggage area. Powers of officer (2) An officer may require that an operator who is exempted from the requirement set out in subsection (1) ensure that the baggage be brought without delay to the location specified by the officer. Regulations (3) The Governor in Council may make regulations respecting exemptions from the requirement set out in subsection (1). Designation (4) The President may designate an area in an airport as an international baggage area for the purposes of subsection (1). Amendment, etc., of designation (5) The President may at any time amend, cancel or reinstate a designation made under subsection (4). 2005, c. 20 Related Amendment to the Quarantine Act 479 Section 12 of the Quarantine Act is replaced by the following: Obligation on arriving travellers 12 Except in the prescribed circumstances and subject to the prescribed conditions, every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point. Coming into Force Order in council 480 Sections 475 to 479 come into force on a day or days to be fixed by order of the Governor in Council. DIVISION 25 R.S., c. N- 15 National Research Council Act Amendments to the Act 481 Subsection 3(2) of the Act is replaced by the following: Council incorporated (2) The Council is a corporation that has power, for the purposes of this Act, to (a) acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property; and (b) enter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of His Majesty in right of Canada or in its own name. Non-application of requirements (2.1) Despite the Financial Administration Act , including subsection 41(1) of that Act, the Council is not subject to any requirement established by the Treasury Board under that Act that (a) limits, on the basis of financial criteria, the power of the Council to enter into contracts for the procurement of goods and services; or (b) relates to limits on liability or indemnification in those contracts. Procurement of goods and services (2.2) Despite section 9 of the Department of Public Works and Government Services Act , the Council may procure goods and services from outside the federal public administration. Clarification (2.3) For greater certainty, the power to procure goods and services includes the power to procure goods and services relating to construction and to research-related digital and information technology. Legal services (2.4) The Council may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada. 482 Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following: Research-related digital and information technology (2) The design, development, testing and operation of research-related digital and information technology is essential to the carrying out of the Council’s duties. 483 The Act is amended by adding the following after section 17: Establishment of Procurement Oversight Board Establishment 18 (1) There is established a board, to be called the Procurement Oversight Board, consisting of (a) not less than three or more than five members, including a Chair, who have a right to vote; (b) one member who is a person employed by the Department of Public Works and Government Services and who does not have a right to vote; and (c) one member who is a person employed in the federal public administration and who does not have a right to vote, if the Minister considers that member necessary to assist the Procurement Oversight Board in carrying out its duties. Duties (2) The Procurement Oversight Board shall review and approve the Council’s policy framework for procuring goods and services and any amendments to it. Terms of reference (3) The Minister may determine and amend the terms of reference of the Procurement Oversight Board. Appointment 19 (1) Members of the Procurement Oversight Board, including the Chair, shall be appointed by the Minister. Tenure of office (2) Members of the Procurement Oversight Board shall be appointed to hold office on a part-time basis and during pleasure for a term of not more than four years, which may be renewed for a second term. Remuneration 20 (1) Members of the Procurement Oversight Board shall be paid the remuneration that is fixed by the Minister. Travel and other expenses (2) Members of the Procurement Oversight Board are entitled to be paid reasonable travel and other expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act. Meetings 21 The Procurement Oversight Board shall meet at least twice a year. 484 Subsection 18(2) of the Act is replaced by the following: Duties (2) The Procurement Oversight Board shall review and approve (a) the Council’s policy framework for procuring goods and services and any amendments to it; and (b) the Council’s proposals to enter into contracts for the procurement of goods and services if the procurement is complex or large-scale when measured by criteria established by the Procurement Oversight Board. 485 The Act is amended by adding the following after section 21: Annual Summary Activities 22 The Procurement Oversight Board shall, within 90 days after the end of each fiscal year, provide a summary of its activities in that year to the Minister. Coming into Force First anniversary of royal assent 486 Sections 481 , 482 , 484 and 485 come into force on the first anniversary of the day on which this Act receives royal assent, or on an earlier day fixed by order of the Governor in Council. DIVISION 26 R.S., c. P- 4 Patent Act Amendments to the Act 487 (1) Paragraph 12(1)(g) of the Patent Act is replaced by the following: (g) respecting the payment of any prescribed fees, including the time when and the manner in which such fees shall be paid, the time at which such fees are deemed to be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part; (2) Paragraph 12(1)(j.73) of the Act is replaced by the following: (j.73) respecting the conditions set out in subsections 46(5) and 46.2(5), including the circumstances in which subparagraph 46(5)(a)(ii), paragraph 46(5)(b), subparagraph 46.2(5)(a)(ii) and paragraph 46.2(5)(b) do not apply; (j.731) respecting the number of days to be subtracted in determining the duration of an additional term under subsection 46.1(4), including authorizing the Commissioner to make determinations with respect to that number; (j.732) respecting applications under section 46.1 for an additional term, including their form, contents and processing; (j.733) respecting notices to the public in relation to additional terms granted under section 46.1; (j.734) respecting reconsiderations under section 46.3, including applications for a reconsideration and their form, contents and processing; 488 (1) Subsection 20(9) of the Act is replaced by the following: Custody of secret application (9) The packet described in subsection (8) shall, until the expiry of the term — or, if applicable, of the additional term — during which a patent for the invention may be in force, be kept sealed by the Commissioner, and shall not be opened except under the authority of an order of the Minister of National Defence. (2) Subsection 20(11) of the Act is replaced by the following: Delivery to Minister (11) On the expiry of the term — or, if applicable, of the additional term — of the patent, the packet described in subsection (8) shall be delivered to the Minister of National Defence. 489 Section 42 of the Act is replaced by the following: Contents of patent 42 Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction. 490 Subsection 43(2) of the Act is replaced by the following: Validity of patent (2) After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1. 491 Sections 44 and 45 of the Act are replaced by the following: Term of patents based on applications filed on or after October 1, 1989 44 Subject to section 46, where an application for a patent is filed under this Act on or after October 1, 1989, the term of the patent is 20 years from the filing date. Term of patents based on applications filed before October 1, 1989 45 Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term of the patent is 17 years from the date on which the patent is issued. 492 (1) Subsection 46(1) of the Act is replaced by the following: Maintenance fees 46 (1) To maintain the rights accorded by a patent issued under this Act in effect during the term referred to in section 44 or 45, the prescribed fees shall be paid on or before the prescribed dates. (2) Paragraph 46(2)(b) of the Act is replaced by the following: (b) the Commissioner shall send a notice to the patentee stating that the term will be deemed to have expired if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice. (3) Subsection 46(4) of the Act is replaced by the following: Term deemed expired on prescribed date (4) If the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the term shall be deemed to have expired on the applicable prescribed date. (4) The portion of subsection 46(5) of the Act before paragraph (a) is replaced by the following: Subsection (4) deemed never to have produced its effects (5) Subject to the regulations, if the term is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if (5) Subparagraph 46(5)(a)(i) of the Act is replaced by the following: (i) makes a request to the Commissioner for the term to never have been deemed to have expired, (6) The portion of subsection 46(6) of the Act before paragraph (a) is replaced by the following: Powers of the Federal Court (6) If subsection (5) applies, the Federal Court may, by order, declare the term to have expired on the applicable prescribed date if the Federal Court determines either 493 The Act is amended by adding the following after section 46: Additional Term Grant of additional term 46.1 (1) The Commissioner shall grant an additional term for a patent if (a) the patent was issued after the later of (i) the fifth anniversary of the applicable day set out in subsection (2), and (ii) the third anniversary of the first day, without taking subsection 35(4) into account, on which a request for examination has been made under section 35 in respect of the application for the patent, the prescribed fee referred to in subsection 35(1) has been paid and, if applicable, the prescribed late fee referred to in paragraph 35(3)(a) has been paid; (b) the filing date for the application for the patent is on or after December 1, 2020; and (c) the patentee applies for the additional term in accordance with the regulations, and pays the prescribed fee, within three months after the day on which the patent is issued. Applicable day (2) For the purposes of subparagraph (1)(a)(i), the applicable day is (a) in the case of a patent issued on the basis of a divisional application, the prescribed day; (b) in the case of a patent issued on the basis of a PCT national phase application , as defined in subsection 1(1) of the Patent Rules , the prescribed day; or (c) in any other case, the filing date of the application for the patent. Beginning of additional term (3) The additional term begins on the expiry of the term referred to in section 44, without taking into account section 46, but only if the patent remains valid until, and is not void before, the expiry of that term. Duration of additional term (4) The Commissioner shall determine the duration of the additional term, which shall be equal to the number of days between the later of the anniversaries set out in paragraph (1)(a) and the day on which the patent is issued minus the number of days that is determined under the regulations. Limitation (5) Despite subsection (1), no additional term shall be granted under this section if the determination of the duration under subsection (4) produces a result of zero or a negative value. Limitation — section 46.2 (6) The additional term is subject to section 46.2. Certificate (7) The Commissioner shall issue a certificate of additional term setting out the number of the patent as recorded in the Patent Office, the duration of the additional term and any other prescribed information and shall send the certificate to the patentee. Reissued patent (8) For the purposes of this section and sections 46.3 and 46.4, if a patent is reissued under section 47, the patent is deemed to have been issued on the day on which the original patent was issued and the application for the patent is deemed to be the application for the original patent. Maintenance fees 46.2 (1) To maintain the rights accorded by a patent during an additional term granted under section 46.1 in effect, the prescribed fees shall be paid on or before the prescribed dates. Late fee and notice (2) If a prescribed fee is not paid on or before the applicable prescribed date, (a) the prescribed late fee shall be paid, in addition to the prescribed fee; and (b) the Commissioner shall send a notice to the patentee stating that the additional term will be deemed to have expired if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice. Prescribed fee deemed paid on prescribed date (3) If the prescribed fee and late fee are paid before a notice is sent or, if a notice is sent, the prescribed fee and late fee are paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the prescribed fee shall be deemed to have been paid on the applicable prescribed date. Additional term deemed expired on prescribed date (4) If the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the additional term shall be deemed to have expired on the applicable prescribed date. Subsection (4) deemed never to have produced its effects (5) Subject to the regulations, if the additional term is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if (a) the patentee, within the prescribed time, (i) makes a request to the Commissioner for the additional term to never have been deemed to have expired, (ii) states, in the request, the reasons for the failure to pay the prescribed fee and late fee before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, and (iii) pays the prescribed fee, the late fee and any additional prescribed fee; and (b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the patentee of this determination. Powers of the Federal Court (6) If subsection (5) applies, the Federal Court may, by order, declare the additional term to have expired on the applicable prescribed date if the Federal Court determines either (a) that the statement of the reasons referred to in subparagraph (5)(a)(ii) contains a material allegation that is untrue; or (b) that, if paragraph (5)(b) applies, the failure referred to in subparagraph (5)(a)(ii) did not occur in spite of the due care required by the circumstances having been taken. Reconsideration of duration 46.3 (1) The Commissioner may reconsider the duration of an additional term granted under section 46.1 on the Commissioner’s own initiative or on application by any person. Application (2) An application for reconsideration shall be made in accordance with the regulations and accompanied by payment of the prescribed fee. Notice to patentee (3) Notice of a reconsideration shall be given to the patentee in accordance with the regulations. Shortening of duration (4) On reconsideration, the Commissioner shall shorten the duration of the additional term in accordance with subsection 46.1(4) if the Commissioner is satisfied that the duration is longer than is authorized under that subsection, and shall dismiss the reconsideration in any other case. Amended certificate (5) If the Commissioner shortens the duration of the additional term, the Commissioner shall issue an amended certificate of additional term and send it to the patentee. Stay (6) The Commissioner may stay a reconsideration under this section pending the conclusion of any court proceeding. Federal Court 46.4 (1) A person may bring an action in the Federal Court against a patentee for an order to shorten the duration of an additional term granted under section 46.1. Power to shorten duration (2) If the Court finds that the duration is longer than is authorized under subsection 46.1(4), the Court shall, by order, shorten the duration in accordance with that subsection, and in doing so may exercise any power, or perform any duty or function, of the Commissioner. Copy to Commissioner and amended certificate (3) If the Court shortens the duration, an officer of the Court’s registry shall send a certified copy of the Court’s order to the Commissioner, and the Commissioner shall issue an amended certificate of additional term and send it to the patentee. 494 Subsections 47(1) and (1.1) of the Act are replaced by the following: Issue of new or amended patents 47 (1) Whenever any patent is deemed defective or inoperative by reason of insufficient description and specification, or by reason of the patentee’s claiming more or less than they had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, the Commissioner may, on the surrender of the patent within four years from its date and the payment of a further prescribed fee, cause a new patent, in accordance with an amended description and specification made by the patentee, to be issued to them for the same invention for the then unexpired term referred to in section 44 or 45 — and, if applicable, for the then unexpired additional term granted under section 46.1 — of the original patent. Certificate of supplementary protection (1.1) Subsection (1) also applies in the case where the original patent is set out in a certificate of supplementary protection and the original patent’s term referred to in section 44 or 45 has expired — or, if applicable, both that term and the additional term granted under section 46.1 have expired — except that in that case the issuance of the new patent, whose term or terms remain expired, is for the purpose of establishing the rights, privileges and liberties granted under the certificate. 495 Paragraph 48.4(3)(c) of the Act is replaced by the following: (c) amends any claim of the patent or incorporates a new claim in the patent, the amended claim or new claim shall be effective, from the date of the certificate, for the unexpired term — and, if applicable, for the unexpired additional term — of the patent. 496 Subsection 55.11(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c): (d) a patent in respect of which the prescribed fee referred to in subsection 46.2(2) was not paid on or before the applicable prescribed date referred to in that subsection, without taking into account subsection 46.2(3); and (e) a patent in respect of which an additional term is granted under section 46.1 after the expiry of the term referred to in section 44, without taking into account section 46. 497 Subsection 106(4) of the Act is replaced by the following: Exception (4) Despite subsection (3), no application shall be filed within the prescribed period preceding the expiry of the term of the patent referred to in section 44 without taking into account section 46. 498 (1) Subsection 116(2) of the Act is replaced by the following: Taking effect (2) A certificate of supplementary protection takes effect on the expiry of the term referred to in section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and is not void before, the expiry of that term. (2) Section 116 of the Act is amended by adding the following after subsection (5): For greater certainty (6) For greater certainty, the certificate’s term runs concurrently with any additional term granted under section 46.1. Coming into Force January 1, 2025 or order in council 499 The provisions of this Division come into force on January 1, 2025 or on any earlier day or days to be fixed by order of the Governor in Council. DIVISION 27 R.S., c. F- 27 Food and Drugs Act (Natural Health Products) Amendments to the Act 500 The definition therapeutic product in section 2 of the Food and Drugs Act is replaced by the following: therapeutic product  means a drug or device or any combination of drugs and devices; ( produit thérapeutique ) 501 (1) The Act is amended by adding the following after section 21.32: Definition of therapeutic product 21. 321 Despite the definition therapeutic product in section 2, in sections 21.31 and 21.32 therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations . (2) Section 21.321 of the Act is repealed. 502 (1) Section 21.8 of the Act is renumbered as subsection 21.8(1) and is amended by adding the following: Definition of therapeutic product (2) Despite the definition therapeutic product in section 2, in subsection (1) therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations . (2) Subsection 21.8(2) of the Act is repealed. Transitional Provision Authorizations and licences 503 The definition therapeutic product authorization in section 2 of the Food and Drugs Act also includes (a) an authorization, including a licence, that was issued, before the day on which this section comes into force, under the regulations made under that Act and that authorizes, as the case may be, the import, sale, manufacture, packaging or labelling of a natural health product, within the meaning of the Natural Health Products Regulations as those Regulations read immediately before that day; or (b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended. Coming into Force Order in council 504 (1) Subsection 501 (2) comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsection 502 (2) comes into force on a day to be fixed by order of the Governor in Council. DIVISION 28 R.S., c. F- 27 Food and Drugs Act (Cosmetics Testing on Animals) Amendments to the Act 505 The Food and Drugs Act is amended by adding the following after section 16: Prohibited sales — animal testing 16.1 (1) No person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal. Exceptions (2) The prohibition in subsection (1) does not apply if (a) the Government of Canada has published the data in a scientific journal or on a Government of Canada website; (b) the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic; (c) the following conditions are met: (i) the data is derived from a test that was conducted on a substance in order to meet (A) a requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, or (B) a requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted, (ii) the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, and (iii) the test was necessary to meet the requirement in order to sell the product in that country; (d) the data is derived from a test that was conducted before the day on which this section comes into force; (e) the cosmetic was sold in Canada at any time before the day on which this section comes into force; or (f) any prescribed circumstance applies. Prohibition — animal testing 16. 2 No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state. Prohibited claims — animal testing 16.3 (1) No person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day. Provision of evidence (2) A person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection. 506 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h): (h.01) respecting the provision to the Minister of evidence under subsection 16.3 (2); (2) Section 30 of the Act is amended by adding the following after subsection (1.4): Regulations — animal testing (1.5) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing, in respect of cosmetics, the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, or preventing the purchaser or consumer of a cosmetic from being deceived or misled in respect of whether the cosmetic was tested on animals. Coming into Force Six months after royal assent 507 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month. DIVISION 29 Dental Care Measures Act Enactment of Act 508 The Dental Care Measures Act is enacted as follows: An Act respecting certain matters in relation to the Canadian Dental Care Plan Short Title Short title 1 This Act may be cited as the Dental Care Measures Act . Definition Definition of Canadian Dental Care Plan 2 In this Act, Canadian Dental Care Plan means the plan established under the authority of the Department of Health Act in respect of dental service for individuals. His Majesty Binding on His Majesty 3 This Act is binding on His Majesty in right of Canada or a province. Reporting Obligation 4 (1) Every person who is required to make an information return in prescribed form under subsection 200(1) of the Income Tax Regulations in respect of a payment referred to in paragraph 153(1)(a) or (b) of the Income Tax Act must, in the information return for every person (in this section referred to as the “payee”) in respect of whom the payment is made, indicate whether the payee or any of their family members were, on December 31 of the taxation year to which the information return relates, eligible in respect of the payee’s employment or former employment, or that of the payee’s spouse or common-law partner, to access any dental care insurance, or coverage of dental services of any kind, offered by the person. Application (2) Subsection (1) applies only in respect of the 2023 and subsequent taxation years. Definition of family member (3) In this section, family member , in respect of a payee, means (a) the payee’s spouse or common-law partner; (b) a child of the payee (including a child of the payee’s spouse or common-law partner) who is under the age of 18 years; and (c) a child of the payee (including a child of the payee’s spouse or common-law partner) who is 18 years of age or older and dependent, by reason of mental or physical infirmity, on the payee for support. Information return 5 For the purposes of assisting the Minister of Health in the administration and enforcement of the Canadian Dental Care Plan, the Minister of National Revenue may, in the information return that a person is required to make under subsection 200(1) of the Income Tax Regulations , ask for the information required under subsection 4 (1) of this Act and, for those purposes, may collect that information. Purpose of information obtained 6 Any information obtained under subsection 4 (1) is information obtained for the purposes of the administration and enforcement of the Canadian Dental Care Plan and not for the purposes of the Income Tax Act . Disclosure of Information Disclosure of information 7 The Minister of National Revenue or any person acting on behalf of that Minister may provide any information collected under section 5 (a) to the Minister of Health, for the purposes of the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan; and (b) to an official of the Department of Employment and Social Development, for the purposes of assisting the Minister of Health in the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan. Violations Violations 8 (1) A person commits a violation if they (a) fail to comply with subsection 4 (1) in respect of any person in respect of whom the income return referred to in that subsection is to be made; or (b) knowingly make, in the information return referred to in that subsection, a representation that is false or misleading in relation to the information required under that subsection in respect of any person. Penalty (2) The Minister of Health may impose a penalty of $100 on a person for each violation if that Minister is of the opinion that the person has committed a violation. Purpose of penalty (3) The purpose of the penalty is to promote compliance with this Act and not to punish. Limitation on imposition of penalty 9 A penalty must not be imposed under section 8 if more than three years have passed since the day on which the act that would constitute the violation occurred. Rescission or reduction of penalty 10 The Minister of Health may rescind the imposition of a penalty under section 8 , or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact. Recovery as debt due to His Majesty 11 A penalty imposed under section 8 constitutes a debt due to His Majesty and the debt is payable and may be recovered by the Minister of Health as of the day on which the penalty is imposed. Social Insurance Number Social Insurance Number 12 The Minister of Health is authorized to collect and use, for the purposes of the administration and enforcement of the Canadian Dental Care Plan, the Social Insurance Number of a person who makes an application under the plan. DIVISION 30 R.S., c. C- 10 Canada Post Corporation Act 509 Subsection 41(1) of the Canada Post Corporation Act is replaced by the following: Inspection of mail 41 (1) The Corporation may open any mail, other than a letter, if it has reasonable grounds to suspect that (a) the conditions prescribed by regulations made under paragraph 19(1)(c) have not been complied with; (b) the manner prescribed by regulations made under paragraph 19(1)(e) has not been adhered to; or (c) the mail is non-mailable matter. DIVISION 31 Royal Style and Titles Act, 2023 Enactment of Act 510 The Royal Style and Titles Act, 2023 is enacted as follows: An Act respecting the Royal Style and Titles, 2023 Preamble Whereas it is desirable that the Parliament of Canada should assent to the issue of a Royal Proclamation establishing the Royal Style and Titles for Canada; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Royal Style and Titles Act, 2023 . Assent to Royal Style and Titles 2 The Parliament of Canada assents to the issue by His Majesty of His Royal Proclamation under the Great Seal of Canada establishing for Canada the following Royal Style and Titles: Charles the Third, by the Grace of God King of Canada and His other Realms and Territories, Head of the Commonwealth. DIVISION 32 Canada Growth Fund 1999, c. 34 Public Sector Pension Investment Board Act 511 The Public Sector Pension Investment Board Act is amended by adding the following after section 5: Investment management services 5.1 (1) Without limiting the generality of subsection 5(1) and despite subsection 5(2), the Board may incorporate a subsidiary for the purpose of providing investment management services to the Canada Growth Fund Inc. in accordance with any terms agreed to by the subsidiary and the Canada Growth Fund Inc. Costs (2) Despite subsection 4(2), the costs associated with the establishment and operation of the subsidiary and with the provision of investment management services are to be paid by the Canada Growth Fund Inc. 512 The Act is amended by adding the following after section 32: Non-application — investment management services 32. 1 The investment policies, standards and procedures established under section 32 do not apply in respect of a subsidiary incorporated for the purpose of providing investment management services to the Canada Growth Fund Inc. 513 The Act is amended by adding the following after section 50: Non-application of regulations — investment management services 50. 1 Regulations made under section 50 do not apply in respect of a subsidiary incorporated for the purpose of providing investment management services to the Canada Growth Fund Inc. 2022, c. 19 Fall Economic Statement Implementation Act, 2022 Amendments to the Act 514 Subsection 118(2) of the Fall Economic Statement Implementation Act, 2022 is replaced by the following: Consolidated Revenue Fund (2) On the requisition of the Minister of Finance, there may be paid out of the Consolidated Revenue Fund amounts not exceeding $15,000,000,000 in the aggregate, or any greater amount that is specified in an appropriation Act, for the acquisition of shares under subsection (1). 515 Section 119 of the Act is replaced by the following: Not agent of His Majesty 119 The subsidiary referred to in section 118 is not an agent of His Majesty in right of Canada. Coming into Force December 15, 2022 516 Section 515 is deemed to have come into force on December 15, 2022. DIVISION 33 Legislation Related to Financial Institutions R.S., c. 18 (3rd Supp.), Part I Office of the Superintendent of Financial Institutions Act 517 (1) Subsection 4(2) of the Office of the Superintendent of Financial Institutions Act is amended by adding the following after paragraph (a): (a.1) to supervise financial institutions in order to determine whether they have adequate policies and procedures to protect themselves against threats to their integrity or security, including foreign interference; (2) Paragraph 4(2)(b) of the Act is replaced by the following: (b) to promptly advise the management and board of directors of a financial institution in the event the institution is not in sound financial condition or is not complying with its governing statute law or supervisory requirements under that law and, in such a case, to take, or require the management or board to take, the necessary corrective measures or series of measures to deal with the situation without delay; (b.1) to promptly advise the management and board of directors of a financial institution in the event the institution does not have adequate policies and procedures to protect itself against threats to its integrity or security and, in such a case, to take, or require the management or board to take, the necessary corrective measures or series of measures to deal with the situation without delay; 1991, c. 45 Trust and Loan Companies Act 518 The Trust and Loan Companies Act is amended by adding the following after section 14: Policies and procedures — integrity or security 14. 1 A company shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 519 Paragraphs 164(e) and (f) of the Act are replaced by the following: (e) a person who is prohibited by section 386 or 399 from exercising voting rights attached to shares of the company or whose voting rights attached to the shares are suspended under section 401.1 or subsection 527.5(4); (f) a person who is an officer, director or full time employee of an entity that is prohibited by section 386 or 399 from exercising voting rights attached to shares of the company or whose voting rights attached to the shares are suspended under section 401.1 or subsection 527.5(4); 520 The Act is amended by adding the following after section 401: Disposition — threat to integrity or security 401.1 (1) If the Minister is of the opinion that a person’s holding or beneficial ownership of shares of a company poses a threat to the integrity or security of the company or the financial system in Canada or a threat to national security, the Minister may, by order, direct that person and any person controlled by that person to dispose of any number of shares of the company held or beneficially owned by any of the persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by the person that is specified in the order. Suspension of rights (2) A direction made under subsection (1) may also suspend any of the rights under Part VI attached to the shares referred to in that subsection until the shares are disposed of in accordance with the direction. Representations (3) No direction shall be made under subsection (1) unless the Minister has provided each person to whom the direction relates and the company concerned with a reasonable opportunity to make representations. Temporary direction (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may make a temporary direction to suspend any of the rights under Part VI attached to any of the shares referred to in subsection (1). Cessation of effect (5) A temporary direction ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified in the temporary direction, and (b) if a direction is made under subsection (1) in respect of the shares, the day on which that direction takes effect. Appeal (6) Any person with respect to whom a direction has been made under subsection (1) may, within 30 days after the day on which the direction was made, appeal the matter in accordance with section 530. Notice — Committee and Review Agency (7) If a direction has been made under subsection (1) or (4) for reasons related to national security, the Minister shall, within 30 days after the day on which the direction was made, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 521 Subsection 402(1) of the Act is replaced by the following: Application to court 402 (1) If a person fails to comply with a direction made under subsection 396(7), 401(1) or 401.1(1), an application on behalf of the Minister may be made to a court for an order to enforce the direction. 522 Subsection 502(1) of the Act is replaced by the following: Production of information and documents 502 (1) The Superintendent may, by order, direct a person who controls a company or any entity that is affiliated with a company to provide the Superintendent with any information or documents that may be specified in the order if the Superintendent believes that the production of the information or documents is necessary in order to be satisfied that (a) the provisions of this Act are being duly observed and that the company is in a sound financial condition; or (b) the company has adequate policies and procedures to protect itself against threats to its integrity or security. 523 (1) Subsection 505(1) of the Act is replaced by the following: Examination of companies 505 (1) The Superintendent, from time to time, but at least once in each calendar year, shall make or cause to be made any examination and inquiry into the business and affairs of each company that the Superintendent considers to be necessary or expedient to determine whether the company is complying with the provisions of this Act, whether the company is in a sound financial condition and whether the company has adequate policies and procedures to protect itself against threats to its integrity or security. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (2) Section 505 of the Act is amended by adding the following after subsection (1): Integrity or security (1.1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of any company that the Superintendent considers to be necessary or expedient to determine whether the company has adequate policies and procedures to protect itself against threats to its integrity or security. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (3) Subsection 505(1.1) of the Act is repealed. 524 Section 506.1 of the Act is replaced by the following: Prudential agreement 506. 1 The Superintendent may enter into an agreement, called a “prudential agreement”, with a company for the purposes of implementing any measure designed to maintain or improve its safety and soundness or establishing adequate policies and procedures to protect it against threats to its integrity or security. 525 Subsections 507(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, a company does not have adequate policies and procedures to protect itself against threats to its integrity or security, the Superintendent may direct the company to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued to a company or person under subsection (1) or (1.1) unless the company or person is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (2) might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) and (b) or subsection (1.1) having effect for a period of not more than 15 days. 526 Paragraph 509(1)(a) of the Act is replaced by the following:   (a) is contravening or has failed to comply with a prudential agreement entered into under section 506.1 or a direction of the Superintendent issued to the company or person under subsection 507(1), (1.1) or (3), 527 (1) Subsection 510(1.1) of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after that paragraph: (g.1) in the opinion of the Superintendent, the company’s depositors and creditors may be detrimentally affected because all of the common shares of the company must be disposed of under a direction made by the Minister or because there is a prohibition under this Act in respect of the exercise of the right to vote attached to all of the common shares of the company; (2) Subsection 510(1.1) of the Act is amended by adding the following after paragraph (h): (i) in the opinion of the Superintendent, the continued operation of the company by the directors of the company or by the officers of the company responsible for its management would be materially prejudicial to its integrity or security; or (j) in the opinion of the Superintendent, the continued operation of the company by the directors of the company or by the officers of the company responsible for its management would pose a risk to national security. (3) Section 510 of the Act is amended by adding the following after subsection (1.1): Minister’s powers (1.11) Subject to this Act, the Minister may, for reasons related to national security, direct the Superintendent to (a) take control, for a period not exceeding 16 days, of the assets of the company and the assets held in trust by or under the administration of the company; (b) take control, for a period exceeding 16 days, of the assets of the company and the assets held in trust by or under the administration of the company; (c) if control of assets has been taken under paragraph (a), continue the control beyond the 16 days referred to in that paragraph; or (d) take control of the company. (4) Subsection 510(2) of the Act is replaced by the following: Notice — up to 16 days (1.3) If the Superintendent takes control of the assets of a company under paragraph (1.11)(a), the Superintendent shall notify the company that control has been taken at the direction of the Minister. Notice — more than 16 days (1.4) If the Minister is considering whether to exercise the powers under any of paragraphs (1.11)(b) to (d), the Superintendent shall notify the company of the action that is being considered and of its right to make written representations to the Minister within the time specified in the notice, not exceeding 10 days after it receives the notice. Notice — Committee and Review Agency (1.5) Within 30 days after exercising any of the powers under subsection (1.11), the Minister shall notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . Objectives of Superintendent (2) If the Superintendent has control under subsection (1) or (1.11) of the assets of a company referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the depositors and creditors of the company or the beneficiaries of any trust under the administration of the company. (5) The portion of subsection 510(3) of the Act before paragraph (a) is replaced by the following: Powers of Superintendent (3) If the Superintendent has control under subsection (1) or (1.11) of the assets of a company referred to in that subsection, 528 (1) Subsection 514(1) of the English version of the Act is replaced by the following: Powers of directors and officers suspended 514 (1) If the Superintendent takes control of a company under subparagraph 510(1)(b)(iii) or paragraph 510(1.11)(d), the powers, duties, functions, rights and privileges of the directors of the company and of the officers of the company responsible for its management are suspended. (2) The portion of subsection 514(2) of the English version of the Act before paragraph (a) is replaced by the following: Superintendent to manage company (2) If the Superintendent takes control of a company under subparagraph 510(1)(b)(iii) or paragraph 510(1.11)(d), the Superintendent shall manage the business and affairs of the company and in so doing the Superintendent (3) Subsection 514(3) of the English version of the Act is replaced by the following: Persons to assist (3) If the Superintendent takes control of a company under subparagraph 510(1)(b)(iii) or paragraph 510(1.11)(d), the Superintendent may appoint one or more persons to assist in the management of the company. 529 Section 515 of the Act is renumbered as subsection 515(1) and is amended by adding the following: Expiration of control — Minister’s direction (2) Control by the Superintendent under subsection 510(1.11) of a company or of the assets of a company and the assets held in trust by or under the administration of the company expires on the day on which a notice by the Superintendent is sent to the directors and officers who conducted the business and affairs of the company stating that the Minister is of the opinion, on the recommendation of the Superintendant, that corrective measures have been taken in response to the reasons related to national security and that the company can resume control of its business and affairs. 530 Paragraphs 515.1(a) and (b) of the Act are replaced by the following: (a) the assets of the company and the assets held in trust by or under the administration of the company are under the control of the Superintendent under subparagraph 510(1)(b)(i) or (ii) or paragraph 510(1.11)(b) or (c); or (b) the company is under the control of the Superintendent under subparagraph 510(1)(b)(iii) or paragraph 510(1.11)(d). 531 The portion of section 516 of the English version of the Act before paragraph (a) is replaced by the following: Requirement to relinquish control 516 If no action has been taken by the Superintendent under section 515.1 and, after 30 days following the taking of control by the Superintendent under subsection 510(1) or (1.11) of a company or of the assets of a company and the assets held in trust by or under the administration of the company, the Superintendent receives from its board of directors a notice in writing requesting the Superintendent to relinquish control, the Superintendent shall, not later than 12 days after receipt of the notice, 532 Section 517 of the English version of the Act is replaced by the following: Advisory committee 517 The Superintendent may, from among the companies that are subject to an assessment under section 23 of the Office of the Superintendent of Financial Institutions Act and required to share in the expenses resulting from the taking of control of a company under subsection 510(1) or (1.11), appoint a committee of not more than six members to advise the Superintendent in respect of assets, management and all other matters pertinent to the duties and responsibilities of the Superintendent in exercising control of the company. 533 Subsection 518(1) of the English version of the Act is replaced by the following: Expenses payable by company 518 (1) If the Superintendent has taken control of a company under subparagraph 510(1)(b)(iii) or paragraph 510(1.11)(d) and the control expires or is relinquished under section 515 or paragraph 516(a), the Superintendent may direct that the company be liable for repayment of all or part of the expenses resulting from the taking of control of the company and assessed against and paid by other companies under section 23 of the Office of the Superintendent of Financial Institutions Act , together with any interest in respect of the expenses at any rate that is specified by the Superintendent. 534 Section 519 of the English version of the Act is replaced by the following: Priority of claim in liquidation 519 In the case of the winding-up of a company, the expenses resulting from the taking of control of the company under subsection 510(1) or (1.11) and assessed against and paid by other companies under section 23 of the Office of the Superintendent of Financial Institutions Act , and interest in respect of the expenses at any rate that is specified by the Superintendent, constitute a claim of His Majesty in right of Canada against the assets of the company that ranks after all other claims but prior to any claim in respect of the shares of the company. 535 Subsection 527.4(1) of the Act is replaced by the following: Minister — terms, conditions and undertakings 527.4 (1) In addition to any other action that may be taken under this Act, the Minister may, in granting an approval, impose any terms and conditions or require any undertaking that the Minister considers appropriate, including any terms, conditions or undertakings specified by the Superintendent to maintain or improve the safety and soundness of any financial institution regulated under an Act of Parliament to which the approval relates or that might be affected by it or to ensure that such a financial institution has adequate policies and procedures to protect itself against threats to its integrity or security. 536 Subsection 527.5(3) of the Act is replaced by the following: Representations (3) Before taking any action under subsection (1) or (2), the Minister or the Superintendent, as the case may be, shall give the person concerned a reasonable opportunity to make representations. Temporary suspension or amendment (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may temporarily suspend or amend any approval granted by the Minister. Cessation of effect (5) A temporary suspension or amendment of an approval ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified by the Minister, and (b) if the approval is revoked, suspended or amended under subsection (1), the day on which the revocation, suspension or amendment takes effect. 537 The Act is amended by adding the following after section 527.5: Confidential undertaking 527.51 (1) If, in the Minister’s opinion, the disclosure of information about an undertaking required under subsection 527.4(1) or 527.5(1) or (4), or information that could reveal the existence of the undertaking, could pose a threat to the integrity or security of the financial institution to which the undertaking relates or could be injurious to national security, the Minister may specify that the information is confidential and shall be treated accordingly. Prohibition (2) Despite anything in this Act but subject to subsection (3), it is prohibited to disclose any confidential information referred to in subsection (1) except in accordance with any terms or conditions that the Minister may specify in the undertaking. Notice — Committee and Review Agency (3) If the Minister specifies under subsection (1) that information referred to in that subsection is confidential for reasons related to national security, the Minister shall, within 30 days after the day on which the undertaking in question is required, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 538 Subsection 530(1) of the Act is replaced by the following: Appeal to Federal Court 530 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 396(7), 401(1) or 401.1(1). 1991, c. 46 Bank Act 539 The Bank Act is amended by adding the following after section 15: Policies and procedures — integrity or security 15. 1 A bank shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 540 Paragraphs 160(e) and (f) of the Act are replaced by the following: (e) a person who is prohibited by subsection 156.09(9) or section 392 or 401.3 from exercising voting rights attached to shares of the bank or whose voting rights attached to the shares are suspended under section 402.2 or subsection 973.03(4); (f) a person who is an officer, director or full time employee of an entity that is prohibited by subsection 156.09(9) or section 392 or 401.3 from exercising voting rights attached to shares of the bank or whose voting rights attached to the shares are suspended under section 402.2 or subsection 973.03(4); 541 The Act is amended by adding the following after section 402.1: Disposition — threat to integrity or security 402.2 (1) If the Minister is of the opinion that a person’s holding or beneficial ownership of shares or membership shares of a bank poses a threat to the integrity or security of the bank or the financial system in Canada or a threat to national security, the Minister may, by order, direct that person and any person controlled by that person to (a) dispose of any number of shares of the bank held or beneficially owned by any of the persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by the person that is specified in the order; or (b) dispose of any number of membership shares of the bank held or beneficially owned by any of the persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by the person that is specified in the order. Suspension of rights (2) A direction made under subsection (1) may also suspend any of the rights under Part VI attached to the shares referred to in paragraph (1)(a) or the membership shares referred to in paragraph (1)(b) until the shares or membership shares are disposed of in accordance with the direction. Representations (3) No direction shall be made under subsection (1) unless the Minister has provided each person to whom the direction relates and the bank concerned with a reasonable opportunity to make representations. Temporary direction (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may make a temporary direction to suspend any of the rights under Part VI attached to any of the shares referred to in paragraph (1)(a) or the membership shares referred to in paragraph (1)(b). Cessation of effect (5) A temporary direction ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified in the temporary direction, and (b) if a direction is made under subsection (1) in respect of the shares or membership shares, the day on which that direction takes effect. Appeal (6) Any person with respect to whom a direction has been made under subsection (1) may, within 30 days after the day on which the direction was made, appeal the matter in accordance with section 977. Notice — Committee and Review Agency (7) If a direction has been made under subsection (1) or (4) for reasons related to national security, the Minister shall, within 30 days after the day on which the direction was made, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 542 Subsection 403(1) of the Act is replaced by the following: Application to court 403 (1) If a person fails to comply with a direction made under subsection 401.2(7), 402(1) or 402.2(1), an application on behalf of the Minister may be made to a court for an order to enforce the direction. 543 The Act is amended by adding the following after section 524.2: Policies and procedures — integrity or security 524. 3 An authorized foreign bank shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. 544 (1) Subsection 613(1) of the Act is replaced by the following: Examination of authorized foreign banks 613 (1) The Superintendent, from time to time, but, in the case of an authorized foreign bank that is not subject to the restrictions and requirements referred to in subsection 524(2), at least once in each calendar year, shall make or cause to be made any examination and inquiry into the business and affairs of each authorized foreign bank that the Superintendent considers to be necessary or expedient to determine whether the authorized foreign bank is complying with the provisions of this Act and whether the authorized foreign bank has adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (2) Section 613 of the Act is amended by adding the following after subsection (1): Integrity or security (1.1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of any authorized foreign bank that the Superintendent considers to be necessary or expedient to determine whether the authorized foreign bank has adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (3) Subsection 613(1.1) of the Act is repealed. 545 Section 614.1 of the Act is replaced by the following: Prudential agreement 614. 1 The Superintendent may enter into an agreement, called a “prudential agreement”, with an authorized foreign bank for the purposes of implementing any measure designed to protect the interests of its depositors and creditors or establishing adequate policies and procedures to protect it against threats to its integrity or security in relation to its business in Canada. 546 Subsections 615(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, an authorized foreign bank does not have adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada, the Superintendent may direct the authorized foreign bank to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued under subsection (1) or (1.1) to an authorized foreign bank or person unless the authorized foreign bank or person is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) and (b) or subsection (1.1) having effect for a period of not more than 15 days. 547 Paragraph 616(1)(a) of the Act is replaced by the following:   (a) is contravening or has failed to comply with a prudential agreement entered into under section 614.1 or a direction of the Superintendent made under subsection 615(1), (1.1) or (3), 548 (1) Subsection 619(2) of the Act is amended by striking out “or” at the end of paragraph (f) and by adding the following after paragraph (g): (h) in the opinion of the Superintendent, the continued operation of the authorized foreign bank in Canada would be materially prejudicial to its integrity or security in relation to its business in Canada; or (i) in the opinion of the Superintendent, the continued operation of the authorized foreign bank in Canada would pose a risk to national security. (2) Section 619 of the Act is amended by adding the following after subsection (2): Minister’s powers (2.1) Subject to this Act, the Minister may, for reasons related to national security, direct the Superintendent to (a) take control, for a period not exceeding 16 days, of the assets of the authorized foreign bank; (b) take control, for a period exceeding 16 days, of the assets of the authorized foreign bank; or (c) if control of assets has been taken under paragraph (a), continue the control beyond the 16 days referred to in that paragraph. (3) Subsection 619(4) of the Act is replaced by the following: Notice — up to 16 days (3.1) If the Superintendent takes control of the assets of an authorized foreign bank under paragraph (2.1)(a), the Superintendent shall notify the authorized foreign bank that control has been taken at the direction of the Minister. Notice — more than 16 days (3.2) If the Minister is considering whether to exercise the powers under paragraph (2.1)(b) or (c), the Superintendent shall notify the authorized foreign bank of the action that is being considered and of its right to make written representations to the Minister within the time specified in the notice, not exceeding 10 days after it receives the notice. Notice — Committee and Review Agency (3.3) Within 30 days after exercising any of the powers under subsection (2.1), the Minister shall notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . Objectives of Superintendent (4) If the Superintendent has control under subsection (1) or (2.1) of the assets of an authorized foreign bank referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the depositors and creditors of the authorized foreign bank in respect of its business in Canada. (4) The portion of subsection 619(5) of the Act before paragraph (a) is replaced by the following: Powers of Superintendent (5) If the Superintendent has control under subsection (1) or (2.1) of the assets of an authorized foreign bank referred to in that subsection, (5) Subsection 619(6) of the Act is replaced by the following: Persons to assist (6) If the Superintendent takes control of the assets of an authorized foreign bank under subparagraph (1)(b)(i) or (ii) or paragraph (2.1)(b) or (c), the Superintendent may appoint one or more persons to assist in the control of the assets. 549 Section 620 of the Act is renumbered as subsection 620(1) and is amended by adding the following: Expiration of control — Minister’s direction (2) Control by the Superintendent under subsection 619(2.1) of the assets of an authorized foreign bank expires on the day on which a notice by the Superintendent is sent to the principal officer of the authorized foreign bank stating that the Minister is of the opinion, on the recommendation of the Superintendent, that corrective measures have been taken in response to the reasons related to national security and that the authorized foreign bank can resume control of its assets. 550 Section 621 of the Act is replaced by the following: Superintendent may request winding-up 621 The Superintendent may, at any time before the receipt of a request under section 622 to relinquish control of the assets of an authorized foreign bank, request the Attorney General of Canada to apply for a winding-up order under section 10.1 of the Winding-up and Restructuring Act in respect of the authorized foreign bank, if the assets of the authorized foreign bank are under the control of the Superintendent under subparagraph 619(1)(b)(i) or (ii) or paragraph 619(2.1)(b) or (c). 551 The portion of section 622 of the English version of the Act before paragraph (a) is replaced by the following: Requirement to relinquish control 622 If no action has been taken by the Superintendent under section 621 and, after 30 days following the taking of control by the Superintendent under subsection 619(1) or (2.1) of the assets of an authorized foreign bank, the Superintendent receives from the principal officer of the authorized foreign bank a notice in writing requesting the Superintendent to relinquish control, the Superintendent shall, not later than 12 days after receipt of the notice, 552 Section 623 of the Act is replaced by the following: Advisory committee 623 The Superintendent may appoint a committee of not more than six members to advise the Superintendent in respect of the assets and all other matters pertinent to the duties and responsibilities of the Superintendent in exercising control of the assets. The committee shall be appointed from among the banks and authorized foreign banks that are subject to an assessment under section 23 of the Office of the Superintendent of Financial Institutions Act and required to share in the expenses resulting from the taking of control of the assets of the authorized foreign bank under subsection 619(1) or (2.1). 553 Subsection 624(1) of the English version of the Act is replaced by the following: Expenses payable by authorized foreign bank 624 (1) If control of the assets of an authorized foreign bank has been taken under subparagraph 619(1)(b)(i) or (ii) or paragraph 619(2.1)(b) or (c) and the control expires or is relinquished under section 620 or paragraph 622(a), the Superintendent may direct that the authorized foreign bank be liable for repayment of all or part of the expenses resulting from the taking of control of the assets and assessed against and paid by other authorized foreign banks and by banks under section 23 of the Office of the Superintendent of Financial Institutions Act , together with any interest in respect of the expenses at any rate that is specified by the Superintendent. 554 Section 625 of the English version of the Act is replaced by the following: Priority of claim in liquidation 625 In the case of the winding-up of the business in Canada of an authorized foreign bank, the expenses resulting from the taking of control of the assets of the authorized foreign bank under subsection 619(1) or (2.1) and assessed against and paid by other authorized foreign banks and by banks under section 23 of the Office of the Superintendent of Financial Institutions Act and interest in respect of the expenses at any rate that is specified by the Superintendent, constitute a claim of His Majesty in right of Canada against the assets of the authorized foreign bank that ranks after any claim referred to in paragraph 627(1)(d). 555 Subsection 635(1) of the Act is replaced by the following: Production of information and documents 635 (1) The Superintendent may, by order, direct a person who controls a bank or any entity that is affiliated with a bank to provide the Superintendent with any information or documents that may be specified in the order if the Superintendent believes that the production of the information or documents is necessary in order to be satisfied that (a) the provisions of this Act are being duly observed and that the bank is in a sound financial condition; or (b) the bank has adequate policies and procedures to protect itself against threats to its integrity or security. 556 (1) Subsection 643(1) of the Act is replaced by the following: Examination of banks 643 (1) The Superintendent, from time to time, but at least once in each calendar year, shall make or cause to be made any examination and inquiry into the business and affairs of each bank that the Superintendent considers to be necessary or expedient to determine whether the bank is complying with the provisions of this Act, whether the bank is in a sound financial condition and whether the bank has adequate policies and procedures to protect itself against threats to its integrity or security. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (2) Section 643 of the Act is amended by adding the following after subsection (1): Integrity or security (1.1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of any bank that the Superintendent considers to be necessary or expedient to determine whether the bank has adequate policies and procedures to protect itself against threats to its integrity or security. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (3) Subsection 643(1.1) of the Act is repealed. 557 Section 644.1 of the Act is replaced by the following: Prudential agreement 644. 1 The Superintendent may enter into an agreement, called a “prudential agreement”, with a bank for the purposes of implementing any measure designed to maintain or improve its safety and soundness or establishing adequate policies and procedures to protect it against threats to its integrity or security. 558 Subsections 645(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, a bank does not have adequate policies and procedures to protect itself against threats to its integrity or security, the Superintendent may direct the bank to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued to a bank or person under subsection (1) or (1.1) unless the bank or person is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (2) might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) and (b) or subsection (1.1) having effect for a period of not more than 15 days. 559 Paragraph 646(1)(a) of the Act is replaced by the following:   (a) is contravening or has failed to comply with a prudential agreement entered into under section 644.1 or a direction of the Superintendent made under subsection 645(1), (1.1) or (3), 560 (1) Subsection 648(1.1) of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after that paragraph: (g.1) in the opinion of the Superintendent, the bank’s depositors and creditors may be detrimentally affected because all of the common shares or membership shares of the bank must be disposed of under a direction made by the Minister or because there is a prohibition under this Act in respect of the exercise of the right to vote attached to all of the common shares or membership shares of the bank; (2) Subsection 648(1.1) of the Act is amended by adding the following after paragraph (h): (i) in the opinion of the Superintendent, the continued operation of the bank by the directors of the bank or by the officers of the bank responsible for its management would be materially prejudicial to its integrity or security; or (j) in the opinion of the Superintendent, the continued operation of the bank by the directors of the bank or by the officers of the bank responsible for its management would pose a risk to national security. (3) Section 648 of the Act is amended by adding the following after subsection (1.1): Minister’s powers (1.11) Subject to this Act, the Minister may, for reasons related to national security, direct the Superintendent to (a) take control, for a period not exceeding 16 days, of the assets of the bank and the assets under its administration; (b) take control, for a period exceeding 16 days, of the assets of the bank and the assets under its administration; (c) if control of assets has been taken under paragraph (a), continue the control beyond the 16 days referred to in that paragraph; or (d) take control of the bank. (4) Subsection 648(2) of the Act is replaced by the following: Notice — up to 16 days (1.3) If the Superintendent takes control of the assets of the bank under paragraph (1.11)(a), the Superintendent shall notify the bank that control has been taken at the direction of the Minister. Notice — more than 16 days (1.4) If the Minister is considering whether to exercise the powers under any of paragraphs (1.11)(b) to (d), the Superintendent shall notify the bank of the action that is being considered and of its right to make written representations to the Minister within the time specified in the notice, not exceeding 10 days after it receives the notice. Notice — Committee and Review Agency (1.5) Within 30 days after exercising any of the powers under subsection (1.11), the Minister shall notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . Objectives of Superintendent (2) If the Superintendent has control under subsection (1) or (1.11) of the assets of a bank referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the depositors and creditors of the bank. (5) The portion of subsection 648(3) of the Act before paragraph (a) is replaced by the following: Powers of Superintendent (3) If the Superintendent has control under subsection (1) or (1.11) of the assets of a bank referred to in that subsection, 561 (1) Subsection 649(1) of the English version of the Act is replaced by the following: Powers suspended 649 (1) If the Superintendent takes control of a bank under subparagraph 648(1)(b)(iii) or paragraph 648(1.11)(d), the powers, duties, functions, rights and privileges of the directors of the bank and of the officers of the bank responsible for its management are suspended. If the bank is a federal credit union, the powers of the members to make, amend or repeal by-laws are also suspended. (2) The portion of subsection 649(2) of the English version of the Act before paragraph (a) is replaced by the following: Superintendent to manage bank (2) If the Superintendent takes control of a bank under subparagraph 648(1)(b)(iii) or paragraph 648(1.11)(d), the Superintendent shall manage the business and affairs of the bank and in doing so the Superintendent (3) Subsection 649(3) of the English version of the Act is replaced by the following: Persons to assist (3) If the Superintendent takes control of a bank under subparagraph 648(1)(b)(iii) or paragraph 648(1.11)(d), the Superintendent may appoint one or more persons to assist in the management of the bank. 562 Section 650 of the Act is renumbered as subsection 650(1) and is amended by adding the following: Expiration of control — Minister’s direction (2) Control by the Superintendent under subsection 648(1.11) of a bank or of the assets of a bank expires on the day on which a notice by the Superintendent is sent to the directors and officers who conducted the business and affairs of the bank stating that the Minister is of the opinion, on the recommendation of the Superintendant, that corrective measures have been taken in response to the reasons related to national security and that the bank can resume control of its business and affairs. 563 Paragraphs 651(a) and (b) of the Act are replaced by the following: (a) the assets of the bank are under the control of the Superintendent under subparagraph 648(1)(b)(i) or (ii) or paragraph 648(1.11)(b) or (c); or (b) the bank is under the control of the Superintendent under subparagraph 648(1)(b)(iii) or paragraph 648(1.11)(d). 564 The portion of section 652 of the English version of the Act before paragraph (a) is replaced by the following: Requirement to relinquish control 652 If no action has been taken by the Superintendent under section 651 and, after 30 days following the taking of control by the Superintendent under subsection 648(1) or (1.11) of a bank or of the assets of a bank, the Superintendent receives from its board of directors a notice in writing requesting the Superintendent to relinquish control, the Superintendent shall, not later than 12 days after receipt of the notice, 565 Section 653 of the English version of the Act is replaced by the following: Advisory committee 653 The Superintendent may, from among the banks and authorized foreign banks that are subject to an assessment under section 23 of the Office of the Superintendent of Financial Institutions Act and required to share in the expenses resulting from the taking of control of a bank under subsection 648(1) or (1.11), appoint a committee of not more than six members to advise the Superintendent in respect of assets, management and all other matters pertinent to the duties and responsibilities of the Superintendent in exercising control of the bank. 566 Subsection 654(1) of the English version of the Act is replaced by the following: Expenses payable by bank 654 (1) If the Superintendent has taken control of a bank under subparagraph 648(1)(b)(iii) or paragraph 648(1.11)(d) and the control expires or is relinquished under section 650 or paragraph 652(a), the Superintendent may direct that the bank be liable for repayment of all or part of the expenses resulting from the taking of control of the bank and assessed against and paid by other banks and by authorized foreign banks under section 23 of the Office of the Superintendent of Financial Institutions Act , together with any interest in respect of the expenses at any rate that is specified by the Superintendent. 567 Section 655 of the English version of the Act is replaced by the following: Priority of claim in liquidation 655 In the case of the winding-up of a bank, the expenses resulting from the taking of control of the bank under subsection 648(1) or (1.11) and assessed against and paid by other banks and by authorized foreign banks under section 23 of the Office of the Superintendent of Financial Institutions Act , and interest in respect of the expenses at any rate that is specified by the Superintendent, constitute a claim of His Majesty in right of Canada against the assets of the bank that ranks after all other claims but prior to any claim in respect of the shares or membership shares of the bank. 568 The Act is amended by adding the following after section 664: Policies and procedures — integrity or security 664. 1 A bank holding company shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 569 Subsection 954(1) 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) determine whether the bank holding company has adequate policies and procedures to protect itself against threats to its integrity or security. 570 Subsection 957(1) of the Act is replaced by the following: Examination of bank holding companies 957 (1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of each bank holding company that the Superintendent considers to be necessary or expedient to determine whether the bank holding company is complying with the provisions of this Act and to ascertain the financial condition of the bank holding company or to determine whether the bank holding company has adequate policies and procedures to protect itself against threats to its integrity or security. 571 Section 959 of the Act is replaced by the following: Prudential agreement 959 The Superintendent may enter into an agreement, called a “prudential agreement”, with a bank holding company for the purposes of implementing any measure designed to protect the interests of depositors, policyholders and creditors of any federal financial institution affiliated with it or establishing adequate policies and procedures to protect the bank holding company against threats to its integrity or security. 572 Subsections 960(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, a bank holding company does not have adequate policies and procedures to protect itself against threats to its integrity or security, the Superintendent may direct the bank holding company to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (4), no direction shall be issued under subsection (1) or (1.1) unless the bank holding company is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) to (d) or subsection (1.1) having effect for a period of not more than 15 days. 573 Subsection 961(1) of the French version of the Act is replaced by the following: Exécution judiciaire 961 (1) En cas de manquement soit à un accord prudentiel conclu en vertu de l’article 959, soit à une décision prise en vertu de l’article 960, soit à une disposition de la présente loi — notamment une obligation — , le surintendant peut, en plus de toute autre mesure qu’il est déjà habilité à prendre sous le régime de celle-ci, demander à un tribunal de rendre une ordonnance obligeant la société de portefeuille bancaire en faute à mettre fin ou à remédier au manquement, ou toute autre ordonnance qu’il juge indiquée en l’espèce. 574 Subsection 973.02(1) of the Act is replaced by the following: Minister — terms, conditions and undertakings 973.02 (1) In addition to any other action that may be taken under this Act, the Minister may, in granting an approval, impose any terms and conditions or require any undertaking that the Minister considers appropriate, including any terms, conditions or undertakings specified by the Superintendent to maintain or improve the safety and soundness of any financial institution regulated under an Act of Parliament to which the approval relates or that might be affected by it or to ensure that such a financial institution has adequate policies and procedures to protect itself against threats to its integrity or security. 575 Subsection 973.03(3) of the Act is replaced by the following: Representations (3) Before taking any action under subsection (1) or (2), the Minister or the Superintendent, as the case may be, shall give the person concerned a reasonable opportunity to make representations. Temporary amendment or suspension (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may temporarily suspend or amend any approval granted by the Minister. Cessation of effect (5) A temporary suspension or amendment of an approval ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified by the Minister, and (b) if the approval is revoked, suspended or amended under subsection (1), the day on which the revocation, suspension or amendment takes effect. 576 The Act is amended by adding the following after section 973.03: Confidential undertaking 973.031 (1) If, in the Minister’s opinion, the disclosure of information about an undertaking required under subsection 973.02(1) or 973.03(1) or (4), or information that could reveal the existence of the undertaking, could pose a threat to the integrity or security of the financial institution to which the undertaking relates or could be injurious to national security, the Minister may specify that the information is confidential and shall be treated accordingly. Prohibition (2) Despite anything in this Act but subject to subsection (3), it is prohibited to disclose any confidential information referred to in subsection (1) except in accordance with any terms or conditions that the Minister may specify in the undertaking. Notice — Committee and Review Agency (3) If the Minister specifies under subsection (1) that information referred to in that subsection is confidential for reasons related to national security, the Minister shall, within 30 days after the day on which the undertaking in question is required, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 577 Subsection 977(1) of the Act is replaced by the following: Appeal to Federal Court 977 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 401.2(7), 402(1), 402.2(1), 913(7) or 915(1). 1991, c. 47 Insurance Companies Act 578 The Insurance Companies Act is amended by adding the following after section 15: Policies and procedures — integrity or security 15. 1 A company or society shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 579 Paragraphs 168(1)(e) and (f) of the Act are replaced by the following: (e) a person who is prohibited by subsection 164.08(8) or section 418 or 430 from exercising voting rights attached to shares of the company or whose voting rights attached to the shares are suspended under section 432.1 or subsection 1016.3(4); (f) a person who is an officer, director or full time employee of an entity that is prohibited by subsection 164.08(8) or section 418 or 430 from exercising voting rights attached to shares of the company or whose voting rights attached to the shares are suspended under section 432.1 or subsection 1016.3(4); 580 The Act is amended by adding the following after section 432: Disposition — threat to integrity or security 432.1 (1) If the Minister is of the opinion that a person’s holding or beneficial ownership of shares of a company poses a threat to the integrity or security of the company or the financial system in Canada or a threat to national security, the Minister may, by order, direct that person and any person controlled by that person to dispose of any number of shares of the company held or beneficially owned by any of the persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by the person that is specified in the order. Suspension of rights (2) A direction made under subsection (1) may also suspend any of the rights under Part VI attached to the shares referred to in that subsection until the shares are disposed of in accordance with the direction. Representations (3) No direction shall be made under subsection (1) unless the Minister has provided each person to whom the direction relates and the company concerned with a reasonable opportunity to make representations. Temporary direction (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may make a temporary direction to suspend any of the rights under Part VI attached to any of the shares referred to in subsection (1). Cessation of effect (5) A temporary direction ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified in the temporary direction, and (b) if a direction is made under subsection (1) in respect of the shares, the day on which that direction takes effect. Appeal (6) Any person with respect to whom a direction has been made under subsection (1) may, within 30 days after the day on which the direction was made, appeal the matter in accordance with section 1020. Notice — Committee and Review Agency (7) If a direction has been made under subsection (1) or (4) for reasons related to national security, the Minister shall, within 30 days after the day on which the direction was made, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 581 Subsection 433(1) of the Act is replaced by the following: Application to court 433 (1) If a person fails to comply with a direction made under subsection 428(7), 432(1) or 432.1(1), an application on behalf of the Minister may be made to a court for an order to enforce the direction. 582 The Act is amended by adding the following after section 574: Policies and procedures — integrity or security 574. 1 A foreign company shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. 583 The Act is amended by adding the following after section 657: Policies and procedures — integrity or security 657. 1 A provincial company shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 584 Subsection 671(1) of the Act is replaced by the following: Production of information and documents 671 (1) The Superintendent may, by order, direct a person who controls a company or any entity that is affiliated with a company to provide the Superintendent with any information or documents that may be specified in the order if the Superintendent believes that the production of the information or documents is necessary in order to be satisfied that (a) the provisions of this Act are being duly observed and that the company is in a sound financial condition; or (b) the company has adequate policies and procedures to protect itself against threats to its integrity or security. 585 (1) Subsection 674(1) of the Act is replaced by the following: Examination of companies, etc. 674 (1) The Superintendent, from time to time, but at least once in each calendar year, shall make or cause to be made any examination and inquiry into the business and affairs of each company, society, foreign company and provincial company that the Superintendent considers to be necessary or expedient to determine whether the company, society, foreign company or provincial company is complying with the provisions of this Act, whether the company, society or provincial company or the insurance business in Canada of the foreign company is in a sound financial condition and whether the company, society or provincial company has adequate policies and procedures to protect itself against threats to its integrity or security or the foreign company has adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (2) Section 674 of the Act is amended by adding the following after subsection (1): Integrity or security (1.1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of any company, society, foreign company and provincial company that the Superintendent considers to be necessary or expedient to determine whether the company, society or provincial company has adequate policies and procedures to protect itself against threats to its integrity or security or the foreign company has adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada. After the conclusion of each examination and inquiry, the Superintendent shall report on it to the Minister. (3) Subsection 674(1.1) of the Act is repealed. 586 Section 675.1 of the Act is replaced by the following: Prudential agreement 675. 1 The Superintendent may enter into an agreement, called a “prudential agreement”, with (a) a company, society or provincial company for the purposes of implementing any measure designed to maintain or improve its safety and soundness or establishing adequate policies and procedures to protect it against threats to its integrity or security; or (b) a foreign company for the purposes of implementing any measure designed to protect the interests of its policyholders and creditors in relation to its insurance business in Canada or establishing adequate policies and procedures to protect it against threats to its integrity or security in relation to its business in Canada. 587 Subsections 676(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, a company, society, or provincial company does not have adequate policies and procedures to protect itself against threats to its integrity or security, or a foreign company does not have adequate policies and procedures to protect itself against threats to its integrity or security in relation to its business in Canada, the Superintendent may direct the company, society, foreign company or provincial company to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued to a company, society, foreign company, provincial company or person under subsection (1) or (1.1) unless the company, society, foreign company, provincial company or person is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (2) might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) and (b) or subsection (1.1) having effect for a period of not more than 15 days. 588 Paragraph 678(1)(a) of the Act is replaced by the following:   (a) is contravening or has failed to comply with a prudential agreement entered into under section 675.1 or a direction of the Superintendent issued to the company, society, foreign company, provincial company or person under subsection 676(1), (1.1.) or (3), 589 Subsection 678.5(1) of the Act is replaced by the following: Direction to transfer policies or to reinsure risks — society 678.5 (1) If the circumstances described in any of paragraphs 679(1.1)(a) to (e) or (f.1) to (i) exist in respect of a society, the Superintendent may, by order, subject to any terms and conditions the Superintendent may specify, direct it to transfer all or any portion of its policies to, or cause itself to be reinsured, against all or any portion of the risks undertaken under its policies, by any company, society, foreign company or body corporate incorporated or formed by or under the laws of a province that is authorized to transact the classes of insurance to be so transferred or reinsured. 590 Subsection 678.6(1) of the Act is replaced by the following: Direction to transfer policies or to reinsure risks — foreign fraternal benefit society 678.6 (1) If the circumstances described in any of paragraphs 679(1.2)(a) to (d) or (f) to (h) exist in respect of a foreign fraternal benefit society, the Superintendent may, by order, subject to any terms and conditions the Superintendent may specify, direct it to transfer all or any portion of its policies in respect of its insurance business in Canada to, or cause itself to be reinsured, against all or any portion of the risks undertaken under those policies, by any company, society, foreign company or body corporate incorporated or formed by or under the laws of a province that is authorized to transact the classes of insurance to be so transferred or reinsured. 591 (1) Paragraph 679(1)(b) of the French version of the Act is replaced by the following: b) sauf avis contraire du ministre fondé sur l’intérêt public, prendre le contrôle pour plus de seize jours de l’actif de la société, la société de secours ou la société provinciale et des éléments d’actif qu’elle administre ou, dans le cas d’une société étrangère, de son actif au Canada ainsi que de ses autres éléments d’actif se trouvant au Canada sous le contrôle de son agent principal, y compris les sommes reçues ou à recevoir pour ses activités d’assurances au Canada, continuer d’en assumer le contrôle au-delà de ce terme ou prendre le contrôle de la société, de la société de secours ou de la société provinciale. (2) Subsection 679(1.1) of the Act is amended by striking out “or” at the end of paragraph (f) and by adding the following after that paragraph: (f.1) in the case of a company, in the opinion of the Superintendent, the company’s policyholders or creditors may be detrimentally affected because all of the common shares of the company must be disposed of under a direction made by the Minister or because there is a prohibition under this Act in respect of the exercise of the right to vote attached to all of the common shares of the company; (3) Subsection 679(1.1) of the Act is amended by adding the following after paragraph (g): (h) in the opinion of the Superintendent, the continued operation of the company, society or provincial company by its directors or by the officers responsible for its management would be materially prejudicial to its integrity or security; or (i) in the opinion of the Superintendent, the continued operation of the company, society or provincial company by its directors or by the officers responsible for its management would pose a risk to national security. (4) Subsection 679(1.2) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f): (g) in the opinion of the Superintendent, the continued operation of the foreign company in Canada would be materially prejudicial to the integrity or security of its business in Canada; or (h) in the opinion of the Superintendent, the continued operation of the foreign company in Canada would pose a risk to national security. (5) Section 679 of the Act is amended by adding the following after subsection (1.2): Minister’s powers (1.21) Subject to this Act, the Minister may, for reasons related to national security, direct the Superintendent to (a) take control, for a period not exceeding 16 days, of the assets of the company, society or provincial company and the assets under its administration or, in the case of a foreign company, of its assets in Canada together with its other assets held in Canada under the control of its chief agent, including all amounts received or receivable in respect of its insurance business in Canada; (b) take control, for a period exceeding 16 days, of the assets of the company, society or provincial company and the assets under its administration or, in the case of a foreign company, of its assets in Canada together with its other assets held in Canada under the control of its chief agent, including all amounts received or receivable in respect of its insurance business in Canada; (c) if control of assets has been taken under paragraph (a), continue the control beyond the 16 days referred to in that paragraph; or (d) take control of the company, society or provincial company. (6) Subsection 679(2) of the Act is replaced by the following: Notice — up to 16 days (1.4) If the Superintendent takes control of the assets of a company, society, provincial company or foreign company under paragraph (1.21)(a), the Superintendant shall notify the company, society, provincial company or foreign company that control has been taken at the direction of the Minister. Notice — more than 16 days (1.5) If the Minister is considering whether to exercise the powers under any of paragraphs (1.21)(b) to (d), the Superintendent shall notify the company, society, provincial company or foreign company of the action that is being considered and of its right to make written representations to the Minister within the time specified in the notice, not exceeding 10 days after it receives the notice. Notice — Committee and Review Agency (1.6) Within 30 days after exercising any of the powers under subsection (1.21), the Minister shall notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . Objectives of Superintendent (2) If the Superintendent has control under subsection (1) or (1.21) of the assets of a company, society, provincial company or foreign company referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the policyholders and creditors of the company, society or provincial company or the policyholders and creditors in respect of the foreign company’s insurance business in Canada. (7) The portion of subsection 679(3) of the Act before paragraph (a) is replaced by the following: Powers of Superintendent (3) If the Superintendent has control under subsection (1) or (1.21) of the assets of a company, society, provincial company or foreign company referred to in that subsection, 592 (1) Subsection 683(1) of the Act is replaced by the following: Powers of directors and officers suspended 683 (1) If the Superintendent takes control of a company, society or provincial company under subparagraph 679(1)(b)(iii) or paragraph 679(1.21)(d), the powers, duties, functions, rights and privileges of the directors of the company, society or provincial company and of the officers of the company, society or provincial company responsible for its management are suspended. (2) The portion of subsection 683(2) of the Act before paragraph (a) is replaced by the following: Superintendent to manage company (2) If the Superintendent takes control of a company, society or provincial company under subparagraph 679(1)(b)(iii) or paragraph 679(1.21)(d), the Superintendent shall manage the business and affairs of the company, society or provincial company and in so doing the Superintendent (3) Subsection 683(3) of the Act is replaced by the following: Persons to assist (3) If the Superintendent takes control of a company, society or provincial company under subparagraph 679(1)(b)(iii) or paragraph (1.21)(d), or of the assets of a foreign company under subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c), the Superintendent may appoint one or more persons to assist in the management of the company, society or provincial company or of the insurance business in Canada of the foreign company. 593 Section 684 of the Act is renumbered as subsection 684(1) and is amended by adding the following: Expiration of control — Minister’s direction (2) Control by the Superintendent under subsection 679(1.21) of a company, society or provincial company or of the assets of a company, society or provincial company or of the assets in Canada of a foreign company together with its other assets held in Canada under the control of its chief agent including all amounts received or receivable in respect of its insurance business in Canada expires on the day on which a notice by the Superintendent is sent to the directors and officers who conducted the business and affairs of the company, society or provincial company, or the chief agent in Canada of the foreign company, stating that the Minister is of the opinion, on the recommendation of the Superintendant, that corrective measures have been taken in response to the reasons related to national security and that the company, society or provincial company or the foreign company, as the case may be, can resume control of its business and affairs, assets or its insurance business in Canada, as the case may be. 594 Paragraphs 684.1(a) to (c) of the Act are replaced by the following: (a) the company, society or provincial company, if the assets of the company, society or provincial company are under the control of the Superintendent under subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c); (b) the insurance business in Canada of the foreign company, if the assets in Canada of the foreign company together with its other assets referred to in subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c) are under the control of the Superintendent under those subparagraphs or paragraphs; or (c) the company, society or provincial company, if it is under the control of the Superintendent under subparagraph 679(1)(b)(iii) or paragraph 679(1.21)(d). 595 The portion of section 685 of the English version of the Act before paragraph (a) is replaced by the following: Requirement to relinquish control 685 If no action has been taken by the Superintendent under section 684.1 and, after 30 days following the taking of control by the Superintendent under subsection 679(1) or (1.21) of a company, society or provincial company or of the assets of a company, society or provincial company or of the assets in Canada of a foreign company together with its other assets held in Canada under the control of its chief agent including all amounts received or receivable in respect of its insurance business in Canada, the Superintendent receives from the board of directors of the company, society or provincial company or, in case of a foreign company, its chief agent, a notice in writing requesting the Superintendent to relinquish control, the Superintendent shall, not later than 12 days after receipt of the notice, 596 Subparagraph 686(1)(a)(ii) of the Act is replaced by the following: (ii) exercising control of the assets of a foreign company under subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c), 597 Subsections 691(1) and (2) of the English version of the Act are replaced by the following: Expenses payable by company, etc. 691 (1) If the Superintendent has taken control of a company, society or provincial company under subparagraph 679(1)(b)(iii) or paragraph 679(1.21)(d) and the control expires or is relinquished under section 684 or paragraph 685(a), the Superintendent may direct that the company, society or provincial company be liable for repayment of all or part of the expenses resulting from the taking of control of the company, society or provincial company and assessed against and paid by other companies, societies, provincial companies and foreign companies under section 687, together with any interest in respect of the expenses at any rate that is specified by the Superintendent. Expenses payable by foreign company (2) If the Superintendent has taken control of the assets of a foreign company under subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c) and the control expires or is relinquished under section 684 or paragraph 685(a), the Superintendent may direct that the foreign company be liable for repayment of all or part of the expenses resulting from the taking of control of the assets of the foreign company and assessed against and paid by other companies, societies, foreign companies and provincial companies under section 687, together with any interest in respect of the expenses at any rate that is specified by the Superintendent. 598 The Act is amended by adding the following after section 701: Policies and procedures — integrity or security 701. 1 An insurance holding company shall establish and adhere to policies and procedures to protect itself against threats to its integrity or security, including foreign interference. 599 Subsection 997(1) 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) determine whether the insurance holding company has adequate policies and procedures to protect itself against threats to its integrity or security. 600 Subsection 1000(1) of the Act is replaced by the following: Examination of insurance holding companies 1000 (1) The Superintendent, from time to time, shall make or cause to be made any examination and inquiry into the business and affairs of any insurance holding company that the Superintendent considers to be necessary or expedient to determine whether the insurance holding company is complying with the provisions of this Act and to ascertain the financial condition of the insurance holding company or to determine whether the insurance holding company has adequate policies and procedures to protect itself against threats to its integrity or security. 601 Section 1002 of the Act is replaced by the following: Prudential agreement 1002 The Superintendent may enter into an agreement, called a “prudential agreement”, with an insurance holding company for the purposes of implementing any measure designed to protect the interests of depositors, policyholders and creditors of any federal financial institution affiliated with it or establishing adequate policies and procedures to protect the insurance holding company against threats to its integrity or security. 602 Subsections 1003(2) and (3) of the Act are replaced by the following: Directions — policies and procedures (1.1) If, in the opinion of the Superintendent, an insurance holding company does not have adequate policies and procedures to protect itself against threats to its integrity or security, the Superintendent may direct the insurance holding company to take any measures that in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued under subsection (1) or (1.1) unless the insurance holding company is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) If, in the opinion of the Superintendent, the length of time required for representations to be made might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) to (d) or subsection (1.1) having effect for a period of not more than 15 days. 603 Subsection 1004(1) of the Act is replaced by the following: Court enforcement 1004 (1) If an insurance holding company is contravening or has failed to comply with a prudential agreement entered into under section 1002 or a direction of the Superintendent issued under subsection 1003(1), (1.1) or (3), or is contravening this Act, or has omitted to do any thing under this Act that it is required to do, the Superintendent may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the insurance holding company to comply with the direction, cease the contravention or do any thing that is required to be done, and on such application the court may so order and make any other order it thinks fit. 604 Subsection 1016.2(1) of the Act is replaced by the following: Minister — terms, conditions and undertakings 1016.2 (1) In addition to any other action that may be taken under this Act, the Minister may, in granting an approval, impose any terms and conditions or require any undertaking that the Minister considers appropriate, including any terms, conditions or undertakings specified by the Superintendent to maintain or improve the safety and soundness of any financial institution regulated under an Act of Parliament to which the approval relates or that might be affected by it or to ensure that such a financial institution has adequate policies and procedures to protect itself against threats to its integrity or security. 605 Subsection 1016.3(3) of the Act is replaced by the following: Representations (3) Before taking any action under subsection (1) or (2), the Minister or the Superintendent, as the case may be, shall give the person concerned a reasonable opportunity to make representations. Temporary amendment or suspension (4) If, in the Minister’s opinion, the length of time required for representations to be made under subsection (3) might be prejudicial to the public interest, the Minister may temporarily suspend or amend any approval granted by the Minister. Cessation of effect (5) A temporary suspension or amendment of an approval ceases to have effect on the earlier of (a) the expiry of 30 days after the day on which it takes effect or of a shorter period that is specified by the Minister, and (b) if the approval is revoked, suspended or amended under subsection (1), the day on which the revocation, suspension or amendment takes effect. 606 The Act is amended by adding the following after section 1016.3: Confidential undertaking 1016.31 (1) If, in the Minister’s opinion, the disclosure of information about an undertaking required under subsection 1016.2(1) or 1016.3(1) or (4), or information that could reveal the existence of the undertaking, could pose a threat to the integrity or security of the financial institution to which the undertaking relates or could be injurious to national security, the Minister may specify that the information is confidential and shall be treated accordingly. Prohibition (2) Despite anything in this Act but subject to subsection (3), it is prohibited to disclose any confidential information referred to in subsection (1) except in accordance with any terms or conditions that the Minister may specify in the undertaking. Notice — Committee and Review Agency (3) If the Minister specifies under subsection (1) that information referred to in that subsection is confidential for reasons related to national security, the Minister shall, within 30 days after the day on which the undertaking in question is required, notify (a) the Committee , as defined in section 2 of the National Security and Intelligence Committee of Parliamentarians Act ; and (b) the Review Agency , as defined in section 2 of the National Security and Intelligence Review Agency Act . 607 Subsection 1020(1) of the Act is replaced by the following: Appeal to Federal Court 1020 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 428(7), 432(1), 432.1(1), 954(7) or 956(1). R.S., c. W-11; 1996, c. 6, s. 134 Consequential Amendment to the Winding-up and Restructuring Act 608 (1) The portion of section 10.1 of the Winding-up and Restructuring Act before paragraph (e) is replaced by the following: Other winding-up circumstances 10. 1 If the Superintendent has taken control of a financial institution or of the assets of a financial institution under any of paragraphs 648(1)(b) or (1.11)(b) to (d) of the Bank Act , paragraph 442(1)(b) of the Cooperative Credit Associations Act , any of paragraphs 679(1)(b) or (1.21)(b) to (d) of the Insurance Companies Act or any of paragraphs 510(1)(b) or (1.11)(b) to (d) of the Trust and Loan Companies Act or, in the case of an authorized foreign bank, has taken control of its assets under paragraph 619(1)(b) or (2.1)(b) or (c) of the Bank Act or, in the case of a foreign insurance company, has taken control of its assets under subparagraph 679(1)(b)(i) or (ii) or paragraph 679(1.21)(b) or (c) of the Insurance Companies Act , a court may make a winding-up order in respect of the financial institution, authorized foreign bank or insurance business in Canada of the foreign insurance company if the court is of the opinion that for any reason it is just and equitable that the financial institution, authorized foreign bank or insurance business in Canada of the foreign insurance company should be wound up or if, in the case of (a) a bank to which the Bank Act applies, the control was taken on a ground referred to in paragraph 648(1.1)(a), (c), (e) or (f) of that Act or for reasons related to national security; (a.1) an authorized foreign bank, control of its assets was taken on a ground referred to in paragraph 619(2)(a), (b), (d) or (f) of the Bank Act or for reasons related to national security; (b) a company to which the Trust and Loan Companies Act applies, the control was taken on a ground referred to in paragraph 510(1.1)(a), (c), (e) or (f) of that Act or for reasons related to national security; (c) an insurance company to which the Insurance Companies Act applies, other than a foreign insurance company, the control was taken on a ground referred to in paragraph 679(1.1)(a), (c), (e) or (f) of that Act or for reasons related to national security; (d) a foreign insurance company to which the Insurance Companies Act applies, the control of its assets was taken on a ground referred to in paragraph 679(1.2)(a), (c) or (e) of that Act or for reasons related to national security; or (2) Paragraph 10.1(e) of the French version of the Act is replaced by the following: e) en raison de l’alinéa 442(1.1)a), c), e) ou f) de la Loi sur les associations coopératives de crédit , dans le cas d’une association assujettie au régime de cette loi. Coming into Force January 1, 2024 609 Section 518 , subsections 523 (1) and (3), sections 539 and 543 , subsections 544 (1) and (3) and 556 (1) and (3), sections 568 , 578 , 582 and 583 , subsections 585 (1) and (3) and section 598 come into force on January 1, 2024. DIVISION 34 R.S., c. C- 46 Criminal Code Amendments to the Act 610 (1) The definition criminal rate in subsection 347(2) of the Criminal Code is replaced by the following: criminal rate  means an annual percentage rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds 35 per cent on the credit advanced; ( taux criminel ) (2) Subsection 347(4) of the Act is replaced by the following: Proof of annual percentage rate (4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that they have calculated the annual percentage rate of interest on any credit advanced and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the annual percentage rate of interest without proof of the signature or official character of the person appearing to have signed the certificate. 611 The Act is amended by adding the following after section 347: Agreement or arrangement 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation. Regulations (2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, provide for the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply. 612 (1) Subsection 347.1(2) of the Act is amended by adding the following after paragraph (a): (a.1) the total cost of borrowing under the agreement does not exceed the limit fixed by regulation; (2) Section 347.1 of the Act is amended by adding the following after subsection (2): Regulation — limit (2.1) For the purposes of paragraph (2)(a.1), the Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, fix the limit. Clarification (2.2) If section 347 does not apply to a person by reason of subsection (2) immediately before a regulation made under subsection (2.1) comes into force, that section continues not to apply to the person if the total cost of borrowing under the agreement did not exceed the limit that applied immediately before the regulation came into force. Transitional Provisions Words and expressions 613 The words and expressions used in sections 614 and 615 have the same meaning as in sections 347 and 347.1 of the Criminal Code . Subsection 347(1) of Criminal Code 614 For the purposes of subsection 347(1) of the Criminal Code , the definition criminal rate in subsection 347(2) of that Act, as it reads on the day on which subsection 610 (1) comes into force, does not apply in respect of any receipt of a payment or partial payment of interest that, on or after that day, is interest at a criminal rate, if the payment arises from an agreement or arrangement to receive interest that was entered into before that day and the interest that arises from that agreement or arrangement would not have been at a criminal rate , as defined in subsection 347(2) of the Criminal Code , as that subsection 347(2) read before that day. Paragraph 347.1(2)(a.1) of Criminal Code 615 Paragraph 347.1(2)(a.1) of the Criminal Code , as it reads on the day on which subsection 612 (1) comes into force, does not apply to a person who (a) entered into a payday loan agreement to receive interest before that day; or (b) on or after that day, receives any payment or partial payment of interest, if the payment arises from a payday loan agreement to receive interest that was entered into before that day. Coming into Force Order in council 616 Sections 610 to 612 come into force on a day or days to be fixed by order of the Governor in Council. DIVISION 35 1996, c. 23 Employment Insurance Act 617 Subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following: (i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 26, 2024, DIVISION 36 1999, c. 33 Canadian Environmental Protection Act, 1999 Amendments to the Act 618 (1) Subsections 272.2(3) and (4) of the Canadian Environmental Protection Act, 1999 are replaced by the following: Compliance units (3) If a person is convicted of an offence under subsection (1) by reason of having failed to comply with a provision that requires the remission or the cancellation of compliance units described in regulations made under section 326, the court shall, in addition to any other punishment that may be imposed under that subsection, make an order requiring the person to remit or cancel compliance units of the type and number determined in accordance with regulations made under subsection (4) or, if there are no regulations made under subsection (4), in accordance with subsection (5). In the case of an order to remit, the court shall specify in the order the name of the person or entity to whom the compliance units are to be remitted. Regulations (4) The Governor in Council may make regulations prescribing the types of compliance units described in regulations made under section 326 that a person may be required to remit or cancel in an order made under subsection (3) and the manner of determining the number of those compliance units that the person may be required to remit or cancel. (2) Subsection 272.2(5) of the English version of the Act is replaced by the following: Absence of regulations (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel compliance units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel. 619 Paragraph 322(b) of the Act is replaced by the following:   (b) compliance units. 620 (1) The portion of section 326 of the Act before paragraph (a) is replaced by the following: Regulations for compliance units systems 326 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to compliance units, including regulations providing for, or imposing requirements respecting, (2) Paragraph 326(c) of the Act is replaced by the following: (c) the description and nature of a compliance unit, including allowances, credits or coupons; (3) Paragraph 326(d) of the French version of the Act is replaced by the following: d) à des fins de comparaison et de contrôle, le seuil et le plafond du mécanisme et la façon de les établir; (4) Paragraph 326(e) of the Act is replaced by the following: (e) the conditions related to the creation, distribution, trade, sale, use, variation or cancellation of a compliance unit; (5) Paragraph 326(g) of the French version of the Act is replaced by the following: g) les conditions d’adhésion et de participation au mécanisme, et notamment les restrictions d’environnement ou de temps; 621 The portion of section 327 of the Act before paragraph (a) is replaced by the following: Ministerial orders 327 Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance unit 622 The Act is amended by adding the following after section 327: Environmental Economic Instruments Fund 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions: (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and (b) it is under the responsibility of the Minister. Amounts paid into C.R.F. (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program. Interest (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account. Amounts paid out of C.R.F. (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account. Administration of Fund (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund. Use of amounts (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account. Designation (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5). 2005, c. 30, s. 87 Consequential Amendments to the Canada Emission Reduction Incentives Agency Act 623 (1) The definition compliance unit in section 2 of the Canada Emission Reduction Incentives Agency Act is repealed. (2) The definitions eligible domestic credit and eligible Kyoto unit in section 2 of the Act are replaced by the following: eligible domestic credit  means a compliance unit that is of an eligible class designated by order made under paragraph 3(a). ( crédit national admissible ) eligible Kyoto unit  means any compliance unit within the meaning of the Kyoto Protocol that is of an eligible class designated by order made under paragraph 3(b). ( unité Kyoto admissible ) 624 Paragraphs 3(a) and (b) of the Act are replaced by the following: (a) as an eligible class for the purposes of the definition eligible domestic credit in section 2, any class of compliance units issued under any program or measure established under section 322 of the Canadian Environmental Protection Act, 1999 ; and (b) as an eligible class for the purposes of the definition eligible Kyoto unit in section 2, any class of compliance unit within the meaning of the Kyoto Protocol. DIVISION 37 R.S., c. C- 3 Canada Deposit Insurance Corporation Act Amendments to the Act 625 The Canada Deposit Insurance Corporation Act is amended by adding the following after section 10: For greater certainty — deposit insurance contracts 10. 001 For greater certainty, the Corporation may administer any contract related to deposit insurance that the Minister enters into with any entity under section 60.2 of the Financial Administration Act . 626 (1) Paragraph 12(c) of the Act is replaced by the following: (c) so much of any one deposit as exceeds the amount set out in subsection 12.01(1). (2) Paragraph 12(c) of the Act is replaced by the following: (c) so much of any one deposit as exceeds one hundred thousand dollars. 627 The Act is amended by adding the following after section 12: Amount 12.01 (1) The amount referred to in paragraph 12(c) is one hundred thousand dollars, unless the Minister, with the Governor in Council’s authorization, determines a greater amount, in which case the amount referred to in that paragraph is the amount that the Minister determines. Stability or efficiency of financial system (2) The Minister may determine an amount under subsection (1) only if, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada. Consultation (3) Before determining an amount under subsection (1), the Minister shall consult the Governor of the Bank of Canada, the Superintendent, the President and Chief Executive Officer of the Corporation and the Commissioner of the Financial Consumer Agency of Canada. Publication in Canada Gazette (4) As soon as feasible after determining an amount under subsection (1), the Minister shall publish the amount in the Canada Gazette . Report (5) Every month during which the amount referred to in paragraph 12(c) is the amount that the Minister determines, the Minister shall publish a report and cause it to be tabled in each House of Parliament. 628 Section 12.01 of the Act is repealed. Review and Report Review 629 After April 30, 2024, the Minister of Finance must undertake a review of section 12.01 of the Canada Deposit Insurance Corporation Act , as that section reads on April 30, 2024. The Minister must publish a report on the review. Coming into Force April 30, 2024 630 Subsection 626 (2) and section 628 come into force on April 30, 2024. DIVISION 38 Employment Insurance Board of Appeal 2005, c. 34; 2013, c. 40, s. 205 Department of Employment and Social Development Act 631 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order: Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01. ( Conseil d’appel ) 632 The headings “Social Security Tribunal” and “Establishment and Administration” before section 44 of the Act are replaced by the following: Board of Appeal and Social Security Tribunal Board of Appeal Establishment and Administration 633 The Act is amended by adding the following before section 44: Establishment of Board of Appeal 43. 01 The Employment Insurance Board of Appeal is established. Appointment — Executive Head 43.02 (1) The Executive Head of the Board of Appeal is to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a full-time basis for a renewable term of not more than five years. Appointment — regional coordinators (2) On the recommendation of the Minister after consultation by the Minister with the Commission, the Governor in Council may appoint not more than six regional coordinators to hold office during pleasure on a full-time or part-time basis for a renewable term of not more than five years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the regional coordinators. Diversity (3) Recommendations under subsection (2) are to be made having regard to the importance of having regional coordinators who are representative of the diversity of Canadian society. Composition 43.03 (1) The Board of Appeal consists of the Executive Head, the regional coordinators and the following members: (a) members to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a part-time basis for a renewable term of not more than five years; (b) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an employer , within the meaning of subsection 2(1) of the Employment Insurance Act , or, at the time of the appointment, a representative of such employers; and (c) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an insured person , within the meaning of subsection 2(1) of the Employment Insurance Act , or, at the time of the appointment, a representative of such insured persons. Terms of members (2) Members are to be appointed for terms that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the members appointed under each of paragraphs (1)(a) to (c). Equal number (3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c). Regional representation and diversity (4) Recommendations under paragraph (1)(a) and appointments under paragraphs (1)(b) and (c) are to be made having regard to the importance of regional representation in the membership of the Board of Appeal as well as the importance of having members who are representative of the diversity of Canadian society. Completion of ongoing matters (5) A person who ceases to be a member for any reason other than removal may, at the request of the Executive Head, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Board of Appeal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a member. Executive Head 43.04 (1) The Executive Head has supervision over and direction of the day-to-day work of the Board of Appeal. In particular, the Executive Head is responsible for the management of the regional coordinators and the members of the Board of Appeal, including providing them with training and guidance with respect to their duties and functions and evaluating their performance. Report on overall performance (2) The Executive Head is to report regularly to the Commission on the overall performance of the Board of Appeal. Regional coordinators (3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign. Delegation — regional coordinators (4) The Executive Head may delegate to any regional coordinator any of the Executive Head’s powers, duties or functions, except the power to delegate under this subsection, the duty to report under subsection (2), the duty to select members under subsection 43.05(1) and the duty to select a regional coordinator under subsection 43.05(2). Members assigned to region (5) The Executive Head is to assign each member of the Board of Appeal to a particular region to hear appeals in that region, taking into account the member’s ordinary place of residence. However, a member may be selected to hear appeals in other regions for operational reasons. Absence — Executive Head (6) In the event of the absence or incapacity of the Executive Head or a vacancy in that office, the Chairperson of the Commission may authorize a person to act as Executive Head, on any terms and conditions that the Chairperson may specify, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval given on the recommendation of the Minister after consultation by the Minister with the Commission. Board of Appeal hearings — three-member panels 43.05 (1) An appeal to the Board of Appeal is to be heard before a panel of three members selected by the Executive Head. One member, who is to be the presiding member of the panel, is to be selected from among the members referred to in paragraph 43.03(1)(a), one member is to be selected from among the members referred to in paragraph 43.03(1)(b) and one member is to be selected from among the members referred to in paragraph 43.03(1)(c). Determination of regional coordinator (2) The Executive Head is to select a regional coordinator to (a) determine if an extension of time to bring an appeal to the Board of Appeal should be granted; (b) determine if an appeal before the Board of Appeal has been abandoned; or (c) hear an application to reopen an appeal that has been determined to be abandoned. Delegation — employees of Department (3) The Executive Head may delegate to any employees of the Department, referred to in section 43.08, the duty to select members under subsection (1) and the duty to select a regional coordinator under subsection (2). Remuneration 43.06 (1) The Executive Head, the regional coordinators and the members of the Board of Appeal are to be paid the remuneration fixed by the Governor in Council. Expenses — Executive Head (2) The Executive Head is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the Executive Head while absent from the Executive Head’s ordinary place of work in the course of performing the Executive Head’s duties and functions. Expenses — full-time regional coordinators (3) Each full-time regional coordinator is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties and functions as a regional coordinator. Expenses — part-time regional coordinators and members (4) Each part-time regional coordinator and each member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties and functions as a regional coordinator or a member of the Board of Appeal, as the case may be. Public Service Superannuation Act 43.07 (1) The Executive Head and the full-time regional coordinators are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Other benefits (2) The Executive Head, the regional coordinators and the members of the Board of Appeal 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 regulations made under section 9 of the Aeronautics Act . Employees, services and facilities 43. 08 The Minister is responsible for providing the Board of Appeal with the employees of the Department, the support services and the facilities that are needed by the Board of Appeal to exercise its powers and perform its duties and functions. Immunity 43. 09 No civil proceedings lie against the Executive Head, any regional coordinator or any member of the Board of Appeal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Board of Appeal. Competence and compellability 43. 1 The Executive Head, the regional coordinators and the members of the Board of Appeal are not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Board of Appeal. Social Security Tribunal Establishment and Administration 634 The Act is amended by adding the following after section 43.1: Appeal to Board of Appeal Appeal — time limit 43.11 (1) An appeal of a decision made under section 112 of the Employment Insurance Act must be brought to the Board of Appeal in the prescribed form and manner and within 30 days after the day on which the decision is communicated to the appellant. Extension (2) The Board of Appeal may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant. Decision in writing (3) The Board of Appeal must give a decision made under subsection (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party. Constitutional questions 43. 12 The Board of Appeal may not consider any question of constitutional law. Decision 43.13 (1) The Board of Appeal may dismiss the appeal or confirm, rescind or vary a decision of the Commission in whole or in part or give the decision that the Commission should have given. Decision in writing with reasons (2) The Board of Appeal must give a decision made under subsection (1) in writing, with reasons, and send copies of the decision and reasons to the appellant, the Commission and any other party. Time limits 43. 14 The Executive Head may, in any particular case for special reasons, extend the time within which the Board of Appeal is required by regulation to make a decision under subsection 43.13(1). Expenses and allowances 43. 15 Any party who is required to attend a hearing may, if the Executive Head considers it warranted in any particular case for any reasons provided for in the regulations, be reimbursed for their travel or living expenses up to the amounts determined by the Treasury Board, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by the Treasury Board. Appeal — region 43.16 (1) An appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations. Appeal — persons present (2) An appeal is to be heard in the presence of the parties or their counsel or agents, except in the circumstances provided for in the regulations. Hearings in private (3) All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations. Representation of party 43. 17 A party may, at their own expense, be represented by a representative of their choice. Powers of Board of Appeal 43.18 (1) Subject to section 43.12, the Board of Appeal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act. Employment Insurance Act (2) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section. Abandonment of appeals 43.19 (1) The Board of Appeal may determine that an appeal before it has been abandoned if it has failed to contact the appellant despite reasonable efforts having been made to do so or if the appellant fails to communicate with it on being requested to do so. Reopening abandoned appeals (2) The Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied that (a) in making the determination, it failed to observe a principle of natural justice; or (b) the appellant’s failure to communicate with it was due to circumstances beyond the appellant’s control and the application was made within 30 days after the day on which those circumstances were resolved. Decision in writing (3) The Board of Appeal must give a decision made under subsection (1) or (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party. 635 Subsection 44(2) of the Act is repealed. 636 Subsection 45(2) of the Act is replaced by the following: Chairperson and Vice-chairpersons (2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and two full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division and one of whom is responsible for the General Division. 637 Subsections 46(2) and (3) of the Act are replaced by the following: Members (2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division for which they hear matters may assign. Assignment (3) The Chairperson may assign members to hear matters in the Appeal Division or the General Division. 638 Section 47 of the Act is repealed. 639 Subsection 51(2) of the Act is replaced by the following: Absence — other (2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize the Vice-chairperson of the General Division to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson. 640 The heading “Organization of Tribunal” before section 52 of the Act is repealed. 641 Subsection 52(1) of the Act is replaced by the following: Appeal — time limit 52 (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within 90 days after the day on which the decision is communicated to the appellant. 642 Section 54 of the Act is replaced by the following: Decision 54 (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister in whole or in part or give the decision that the Minister should have given. Reasons (2) The General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Minister and any other party. 643 The heading before section 55 of the Act is replaced by the following: Appeal to Tribunal — Appeal Division Decisions of Board of Appeal 644 The Act is amended by adding the following before section 55: Appeal 54. 1 Any decision of the Board of Appeal may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person. Appeal — time limit 54.2 (1) The appeal must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant. Extension (2) The Appeal Division may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision and reasons are communicated in writing to the appellant. Grounds of appeal 54. 3 The only grounds of appeal of a decision made by the Board of Appeal are that (a) the Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record; (c) the Board of Appeal based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; or (d) a question of constitutional law remains to be determined. New evidence — constitutional questions 54. 4 If an appeal to the Appeal Division of a decision of the Board of Appeal is in respect of a question of constitutional law, the Appeal Division may hear new evidence in relation to the question. Decision 54.5 (1) The Appeal Division may dismiss the appeal, give the decision that the Board of Appeal should have given, refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the Board of Appeal in whole or in part. The Appeal Division may make a decision on a question of constitutional law. Reasons (2) The Appeal Division must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party. Decisions of General Division 645 Sections 56 and 57 of the Act are replaced by the following: Leave 56 An appeal to the Appeal Division of a decision made by the Income Security Section may only be brought if leave to appeal is granted. Appeal — Employment Insurance Section 57 (1) An appeal of a decision made by the Employment Insurance Section must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant. Appeal — Income Security Section (1.1) An application for leave to appeal a decision made by the Income Security Section must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant. Extension (2) The Appeal Division may allow further time within which an appeal is to be brought or an application for leave to appeal is to be made, but in no case may an appeal be brought or an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant. 646 Sections 56 and 57 of the Act are replaced by the following: Leave 56 An appeal to the Appeal Division of a decision made by the General Division may only be brought if leave to appeal is granted. Appeal — General Division 57 (1) An application for leave to appeal a decision made by the General Division must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant. Extension (2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant. 647 (1) Subsection 58(1) of the Act is repealed. (2) Subsection 58(2) of the Act is repealed. 648 Section 58.1 of the Act is replaced by the following: Leave to appeal — General Division 58. 1 Leave to appeal a decision made by the General Division is to be granted if the application for leave to appeal (a) raises an arguable case that the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision; or (c) sets out evidence that was not presented to the General Division. 649 (1) Subsection 58.2(1) of the Act is replaced by the following: Decision — leave to appeal 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the Income Security Section. (2) Subsection 58.2(1) of the Act is replaced by the following: Decision — leave to appeal 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division. 650 Section 58.3 of the Act is replaced by the following: Hearing de novo — General Division 58. 3 An appeal to the Appeal Division of a decision made by the General Division is to be heard and determined as a new proceeding. 651 (1) Subsection 59(1) of the Act is replaced by the following: Decision 59 (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate. (2) Subsection 59(1) of the Act is replaced by the following: Decision 59 (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. 652 Section 67 of the Act is replaced by the following: Time limits 67 The Chairperson or a Vice-chairperson may, in any particular case for special reasons, extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1). 653 The Act is amended by adding the following after section 68: Access to documents and information by Appeal Division 68. 01 On the request of the Appeal Division, the Board of Appeal must provide the Appeal Division with any documents and information that are necessary for the Appeal Division to decide an application or appeal. 654 The Act is amended by adding the following before section 69: Commission 68. 2 The Commission may, with the approval of the Governor in Council, make regulations with regard to the Board of Appeal respecting (a) the quorum for a panel referred to in subsection 43.05(1); (b) the appointment process for and conflicts of interest of members of the Board of Appeal referred to in paragraphs 43.03(1)(b) and (c); (c) the circumstances in which a hearing may be held in private; (d) the procedure to be followed on applications made or appeals brought to the Board of Appeal; (e) the circumstances under which information is deemed to have been communicated or received; (f) the time within which the Board of Appeal must make a decision under subsection 43.13(1); (g) any special reasons for the purposes of section 43.14; (h) any reasons for the purposes of section 43.15; (i) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; (j) the form and manner that is to be prescribed for the purposes of subsection 43.11(1); (k) regions for the purposes of subsections 43.04(5) and 43.16(1); (l) the circumstances for the purposes of subsection 43.16(1); and (m) the circumstances for the purposes of subsection 43.16(2). 655 (1) Paragraph 69(c) of the Act is replaced by the following: (c) the time within which the Tribunal must make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1); (2) Paragraph 69(f) of the Act is replaced by the following: (f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsections 57(1) and (1.1). (3) Paragraph 69(f) of the Act is replaced by the following: (f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsection 57(1). Consequential Amendments R.S, c. F-7; 2002, c. 8, s. 14 Federal Courts Act 656 Paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following: (g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act , unless the decision is made under subsection 54.2(2) or 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 43.11(2) or 52(2) of that Act, section 81 of the Canada Pension Plan , section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act ; R.S., c. L- 1 Labour Adjustment Benefits Act 657 (1) The definition Social Security Tribunal in subsection 2(1) of the Labour Adjustment Benefits Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Employment Insurance Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . ( Conseil d’appel en assurance-emploi ) 658 Subsections 13(6) and (7) of the Act are replaced by the following: Reference to Employment Insurance Board of Appeal (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the Employment Insurance Board of Appeal for a decision on it. Proceedings before Employment Insurance Board of Appeal (7) If an application or question is referred to the Employment Insurance Board of Appeal under subsection (6), the Employment Insurance Board of Appeal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act . 659 Subsection 31(2) of the Act is replaced by the following: Appeal of Commission decision (2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to them, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Employment Insurance Board of Appeal. R.S., c. 1 (5th Supp.) Income Tax Act 660 Subparagraph 56(1)(l)(ii) of the Income Tax Act is replaced by the following: (ii) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act , 661 Subparagraph 60(o)(ii) of the Act is replaced by the following: (ii) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act , 1996, c. 23 Employment Insurance Act 662 Section 113 of the Employment Insurance Act is replaced by the following: Appeal to Employment Insurance Board of Appeal 113 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . 663 (1) Subsection 114(1) of the Act is replaced by the following: Payment of benefit pending appeal 114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant. (2) Subsection 114(1) of the Act is replaced by the following: Payment of benefit pending appeal 114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act , benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant. (3) Paragraph 114(2)(a) of the Act is replaced by the following: (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and (4) Paragraph 114(2)(a) of the Act is replaced by the following: (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and Transitional Provisions Definitions 664 The following definitions apply in this section and sections 665 to 678 . Appeal Division  means the Appeal Division of the Tribunal. ( division d’appel ) Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . ( Conseil d’appel ) Employment Insurance Section  means the Employment Insurance Section of the General Division. ( section de l’assurance-emploi ) General Division  means, except for the purposes of subsections 665 (2) and 667 (2), the General Division referred to in section 44 of the Department of Employment and Social Development Act , as it reads on the day on which this section comes into force. ( division générale ) Tribunal  means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . ( Tribunal ) Part-time members 665 (1) Part-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section become part-time members of the Board of Appeal on that day. Full-time members (2) Full-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section are assigned to hear matters in the General Division on that day. Vice-chairperson (3) The Vice-chairperson of the Tribunal who, immediately before the day on which section 635 comes into force, is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal on that day. Power of Governor in Council (4) On the recommendation of the Minister of Employment and Social Development made after that Minister has consulted with the Chairperson of the Tribunal and the Executive Head of the Board of Appeal, the Governor in Council may make an order specifying that, on a day that is specified in the order and that is before the day on which section 635 comes into force, (a) the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal; and (b) a part-time member of the Tribunal who is assigned to hear matters in the Employment Insurance Section becomes a part-time member of the Board of Appeal. Members of Board of Appeal 666 (1) Each member of the Board of Appeal referred to in subsection 665 (1) or paragraph 665 (4)(b) (a) on becoming a member, ceases to be a member of the Tribunal; (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal; (c) for that term, is deemed to be appointed under paragraph 43.03(1)(a) of the Department of Employment and Social Development Act ; (d) despite paragraph 43.03(1)(a) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and (e) on the expiry of that term, is eligible to be reappointed under that paragraph 43.03(1)(a) to hold office at pleasure. Regional coordinator of Board of Appeal (2) The regional coordinator of the Board of Appeal referred to in subsection 665 (3) or paragraph 665 (4)(a) (a) on becoming a regional coordinator, ceases to be a member of the Tribunal; (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal; (c) for that term, is deemed to be appointed under subsection 43.02(2) of the Department of Employment and Social Development Act ; (d) despite subsection 43.02(2) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and (e) on the expiry of that term, is eligible to be reappointed under that subsection 43.02(2) to hold office at pleasure. Part-time members — remuneration (3) On becoming a part-time member of the Board of Appeal and for the remainder of the term referred to in paragraph (1)(b), a former part-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section is entitled to remuneration that is no less than the remuneration that they received as a part-time member of the Tribunal. Vice-chairperson — remuneration (4) On becoming a regional coordinator of the Board of Appeal and for the remainder of the term referred to in paragraph (2)(b), a former Vice-chairperson of the Tribunal who was responsible for the Employment Insurance Section is entitled to the same remuneration as they received as Vice-chairperson. No compensation 667 (1) Despite the provisions of any contract, agreement or order, no former member of the General Division, including the former Vice-chairperson responsible for the Employment Insurance Section, has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold office in the Tribunal, or for the abolition of that office, by the operation of this Division. No compensation — full-time members (2) Despite the provisions of any contract, agreement or order, no full-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for being assigned to hear matters in the General Division by the operation of this Division. Application for leave to appeal 668 If an application for leave to appeal a decision made by the Employment Insurance Section is ongoing before the Appeal Division immediately before the day on which section 634 comes into force, the application for leave to appeal becomes a notice of appeal on that day. The notice of appeal is deemed to have been filed on the day on which the application for leave to appeal was filed. Appeal of Employment Insurance Section decision 669 Any decision made by the Employment Insurance Section before the day on which section 635 comes into force may be appealed to the Appeal Division and sections 55, 57, 58 and 59 of the Department of Employment and Social Development Act , as those sections read on the day on which section 634 comes into force, apply in respect of the appeal. Ongoing appeal of Employment Insurance Section decision 670 An appeal of a decision made by the Employment Insurance Section that is ongoing before the Appeal Division immediately before the day on which section 635 comes into force is to be dealt with in accordance with sections 57, 58 and 59 of the Department of Employment and Social Development Act , as those sections read on the day on which section 634 comes into force. Question of constitutional law 671 The Appeal Division is not authorized under subsection 59(1) of the Department of Employment and Social Development Act , as it read on the day on which section 634 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration. Ongoing appeal before Employment Insurance Section 672 An appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 635 comes into force is deemed to be an appeal before the Board of Appeal under subsection 43.11(1) of the Department of Employment and Social Development Act on that day. Board of Appeal access to documents and information 673 The Board of Appeal is entitled to access any documents and information of the Tribunal that are necessary for the Board of Appeal to decide an application or appeal. Transfer of documents and information 674 The Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 672 . Section 53 of Department of Employment and Social Development Act 675 Despite section 240 of the Budget Implementation Act, 2021, No. 1 , if, on an appeal of a decision made by the Employment Insurance Section under section 53 of the Department of Employment and Social Development Act , as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, the Appeal Division decides to refer a matter back to the Employment Insurance Section for reconsideration, the Appeal Division must refer the matter back to the Board of Appeal for reconsideration. Section 241 of Budget Implementation Act, 2021, No. 1 676 (1) Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act , as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 634 comes into force. Section 66 of Department of Employment and Social Development Act (2) Any matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act , as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force. Employment Insurance Act 677 Subsections 114(1) and (2) of the Employment Insurance Act , as those subsections read on the day on which section 634 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 635 comes into force. Labour Adjustment Benefits Act 678 (1) Subsection 13(7) of the Labour Adjustment Benefits Act , as it read immediately before the day on which section 634 comes into force, continues to apply — until the day on which section 635 comes into force — in respect of an application or a question that was referred to the General Division under subsection 13(6) of that Act before the day on which section 634 comes into force. Ongoing application or question (2) An application or a question that was referred to the General Division under subsection 13(6) of the Labour Adjustment Benefits Act and that is ongoing immediately before the day on which section 635 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day. Coming into Force Order in council 679 (1) Sections 634 and 643 to 645 , subsections 647 (2), 649 (1) and 651 (1), sections 652 and 653 , subsections 655 (1) and (2), sections 656 to 662 , subsections 663 (1) and (3), sections 668 , 671 , 673 , 675 and 676 and subsection 678 (1) come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 635 to 639 , 641 , 642 and 646 , subsection 647 (1), section 648 , subsection 649 (2), section 650 , subsections 651 (2), 655 (3) and 663 (2) and (4), sections 669 , 670 , 672 , 674 and 677 and subsection 678 (2) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1). DIVISION 39 2000, c. 9 Canada Elections Act Amendment to the Act 680 The Canada Elections Act is amended by adding the following after section 385.1: Definition of personal information 385.2 (1) Despite the definition personal information in subsection 2(1), for the purposes of this section, personal information means information about an identifiable individual. Collection, use, disclosure, retention and disposal (2) In order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or organization acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s privacy policy. Purpose (3) The purpose of this section is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information. Application of Amendment Election within six months 681 Despite subsection 554(1) of the Canada Elections Act , the amendment to that Act made by section 680 applies in an election for which the writ is issued within six months after the day on which this Act receives royal assent.