Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
Transitional Provisions
Marginal note:Interim marketing authorization
417. (1) An interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest of
(a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette;
(b) the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act, as enacted by section 416, has the same effect as the interim marketing authorization; and
(c) two years after the day on which the interim marketing authorization is published in the Canada Gazette.
Marginal note:Exemption from Statutory Instruments Act
(2) A notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act.
R.S., c. E-15Consequential Amendment to the Excise Tax Act
Marginal note:2008, c. 28, s. 86(1)
418. Paragraph 2(b) of Part I of Schedule VI to the Excise Tax Act is replaced by the following:
(b) a drug that is set out on the list established under subsection 29.1(1) of the Food and Drugs Act or that belongs to a class of drugs set out on that list, other than a drug or mixture of drugs that may, under that Act or the Food and Drug Regulations, be sold to a consumer without a prescription,
Coming into Force
Marginal note:Order in council
419. Sections 412 to 416 and 418 come into force on a day or days to be fixed by order of the Governor in Council.
Division 20R.S., c. G-5Government Employees Compensation Act
Amendments to the Act
420. Paragraphs (b) to (d) of the definition “employee” in section 2 of the English version of the Government Employees Compensation Act are replaced by the following:
(b) any member, officer or employee of any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act,
(c) any person who, for the purpose of obtaining employment in any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, is taking a training course that is approved by the Minister for that person,
(d) any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence without pay and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and
Marginal note:1999, c. 35, s. 12
421. Section 9 of the Act is replaced by the following:
Marginal note:Election of claims
9. (1) If an accident happens to an employee in the course of their employment under any circumstances that entitle the employee or their dependants to an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party.
Marginal note:Election is final
(2) The election made by the employee or their dependants is final.
Marginal note:Application — prescribed corporation or other body
9.1 (1) Subsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b).
Marginal note:Entitlement to difference as compensation
(2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the employer or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.
Marginal note:Subrogation
(3) If the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants.
Marginal note:Portion of excess payable to employee
(4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer may pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.
Marginal note:Application — other employers
9.2 (1) Subsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b).
Marginal note:Entitlement to difference as compensation
(2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.
Marginal note:Subrogation
(3) If the employee or their dependants elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action in the name of the employee or their dependants or of Her Majesty against the third party and any sum recovered shall be paid into the Consolidated Revenue Fund.
Marginal note:Portion of excess payable to employee
(4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.
422. The Act is amended by adding the following after section 12:
Marginal note:Acts or omissions by corporation or other body
12.1 No action lies against Her Majesty for anything done or omitted to be done under this Act by a corporation or other body referred to in subsection 9.1(1).
423. Section 13 of the Act is replaced by the following:
Marginal note:Regulations
13. (1) Subject to the Governor in Council’s approval, the Minister may make regulations for carrying out the purposes and provisions of this Act, including regulations
(a) determining the place where an employee is usually employed; and
(b) prescribing corporations or other bodies for the purposes of section 9.1.
Marginal note:Extended application of section 9.2
(2) If a corporation or other body is prescribed under paragraph (1)(b), section 9.2 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.
Marginal note:Extended application of section 9.1
(3) If a regulation is made under paragraph (1)(b) by virtue of which a corporation or other body ceases to be prescribed, section 9.1 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.
424. The portion of section 14 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Employer contribution
14. The Minister may require any corporation or other body, whose employees are subject to this Act,
Transitional Provision
Marginal note:Notice given before coming into force
425. The Government Employees Compensation Act, as it read immediately before the day on which this section comes into force, applies in cases where the notice of election referred to in section 11 of that Act is given before that day.
Coming into Force
Marginal note:Order in council
426. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 21R.S., c. I-19International Development Research Centre Act
Marginal note:2010, c. 12, 1747
427. Section 3 of the International Development Research Centre Act is replaced by the following:
Marginal note:Centre established
3. A corporation is established, to be called the International Development Research Centre, consisting of a Board of Governors that is composed of a Chairperson, the President and not more than 12 other governors.
Marginal note:2010, c. 12, par. 1753(b)(E)
428. Subsection 8(1) of the English version of the Act is replaced by the following:
Marginal note:Temporary substitute governor
8. (1) The Governor in Council may, on any terms and conditions that the Governor in Council prescribes, appoint a temporary substitute governor if a governor, other than the Chairperson or President, is unable to perform the duties of his or her office.
Marginal note:2010, c. 12, s. 1750(1) and (2)(E)
429. (1) Subsections 10(1) to (3) of the Act are replaced by the following:
Marginal note:Majority of governors
10. (1) The Chairperson, the Vice-chairperson and at least six other governors must be Canadian citizens.
Marginal note:Qualification
(2) At least eight of the governors must have experience in the field of international development or experience or training in the natural or social sciences or technology.
Marginal note:Parliamentary governors
(3) Two of the governors who are Canadian citizens, other than the Chairperson and the Vice-chairperson, may be appointed from among the members of the Senate or the House of Commons.
(2) Subsection 10(4) of the English version of the Act is replaced by the following:
Marginal note:Salary and expenses
(4) A member appointed under subsection (3) shall not be paid remuneration but is eligible for expenses and, if he or she is a member of the House of Commons, is not, by reason of being the holder of the office or place in respect of which those expenses are payable, rendered incapable of being elected, or of sitting or voting, as a member of that House.
Marginal note:2010, c. 12, par. 1753(c)(E)
430. (1) Subsection 11(1) of the Act is replaced by the following:
Marginal note:Executive committee
11. (1) There shall be an executive committee of the Board consisting of the Chairperson, the President and at least three other governors annually elected from the Board by the governors in such a manner that a majority of the members of the committee are Canadian citizens.
(2) Subsection 11(5) of the Act is replaced by the following:
Marginal note:Quorum
(5) Three members of the executive committee, at least two of whom are Canadian citizens, constitute a quorum.
431. Subsection 16(3) of the Act is replaced by the following:
Marginal note:Quorum
(3) Seven governors, at least four of whom are Canadian citizens, constitute a quorum of the Board. However, the proceedings of any meeting of the Board that is attended by more than seven governors are not valid unless a majority of those governors are Canadian citizens.
Division 22R.S., c. L-2Canada Labour Code
Amendments to the Act
Marginal note:1998, c. 26, s. 51(2)
432. (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;
(2) Paragraph 111(i) of the Act is replaced by the following:
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;
(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;
(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;
(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and
(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.
433. Section 115 of the Act is replaced by the following:
Marginal note:Collective agreement to be filed
115. (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.
Marginal note:Coming into force conditional on filing
(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.
Marginal note:Coming into force of provisions
(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.
434. The Act is amended by adding the following after section 239.1:
Division XIII.2Long-term Disability Plans
Marginal note:Employer’s obligation
239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.
Marginal note:Exception
(2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.
Marginal note:Regulations
239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations
(a) specifying what constitutes a long-term disability plan; and
(b) specifying the circumstances and conditions referred to in subsection 239.2(2).
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