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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Division 542001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

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

  • Marginal note:Application

    (1.1) Regulations made under this Act that apply in respect of sponsorship applications or applications for permanent or temporary resident visas, permanent or temporary resident status or work or study permits may, if they so provide, apply in respect of any such applications that are pending on the day on which the regulations are made, other than

    • (a) applications to become a permanent resident made in Canada by protected persons; and

    • (b) applications for permanent resident visas made by persons referred to in subsection 99(2) and sponsorship applications made in respect of those applications.

703. The Act is amended by adding the following after section 14:

Minister’s Instructions

Marginal note:Economic immigration

  • 14.1 (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.

  • Marginal note:Limitation

    (2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year.

  • Marginal note:Application of regulations

    (3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1).

  • Marginal note:Exception

    (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or section 89 do not apply to a class established under subsection (1).

  • Marginal note:Non-application of regulations

    (5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise.

  • Marginal note:Non-application of instructions

    (6) The instructions do not apply in respect of a class prescribed by the regulations.

  • Marginal note:Compliance with instructions

    (7) An officer must comply with the instructions before processing an application and when processing one.

  • Marginal note:Amendments to instructions

    (8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect.

  • Marginal note:Effective period — limitation

    (9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period.

  • Marginal note:Pending applications

    (10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect.

  • Marginal note:User Fees Act

    (11) The User Fees Act does not apply in respect of the fees referred to in subsection (1).

  • Marginal note:Publication

    (12) Instructions must be published in the Canada Gazette.

704. Subsection 27(2) of the Act is replaced by the following:

  • Marginal note:Conditions

    (2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).

705. Section 32 of the Act is amended by adding the following after paragraph (d):

  • (d.1) in relation to the authorization of a foreign national to work in Canada — including in relation to a work permit — the requirements that may or must be imposed on the employer in question, or that may or must be varied or cancelled;

  • (d.2) the power to inspect, for the purpose of verifying compliance with the requirements imposed on an employer in relation to the work permit of a foreign national that authorizes the foreign national to work in Canada temporarily;

  • (d.3) the consequences of a failure to comply with the requirements referred to in paragraph (d.2);

Marginal note:2008, c. 28, s. 118

  • 706. (1) Subsection 87.3(1) of the Act is replaced by the following:

    Marginal note:Application

    • 87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

  • Marginal note:2008, c. 28, s. 118

    (2) The portion of subsection 87.3(3) of the French version of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Instructions

      (3) Pour l’application du paragraphe (2), le ministre peut donner des instructions sur le traitement des demandes, notamment des instructions :

      • a) prévoyant les groupes de demandes à l’égard desquels s’appliquent les instructions;

  • (3) Subsection 87.3(3) of the Act is amended by adding the following after paragraph (a):

    • (a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;

  • Marginal note:2008, c. 28, s. 118

    (4) Paragraphs 87.3(3)(b) to (d) of the French version of the Act are replaced by the following:

    • b) prévoyant l’ordre de traitement des demandes, notamment par groupe;

    • c) précisant le nombre de demandes à traiter par an, notamment par groupe;

    • d) régissant la disposition des demandes dont celles faites de nouveau.

  • (5) Section 87.3 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Application

      (3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.

    • Marginal note:Clarification

      (3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

707. The Act is amended by adding the following after section 87.3:

Federal Skilled Workers

Marginal note:Application made before February 27, 2008

  • 87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.

  • Marginal note:Application

    (2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.

  • Marginal note:Effect

    (3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

  • Marginal note:Fees returned

    (4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

  • Marginal note:No recourse or indemnity

    (5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

708. Section 92 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Incorporated material — instructions

    (1.1) An instruction given by the Minister under this Act may incorporate by reference any material, regardless of its source.

2008, c. 28Amendment to the Budget Implementation Act, 2008

709. Section 120 of the Budget Implementation Act, 2008 is repealed.

Coordinating Amendments

Marginal note:Bill C-31

  • 710. (1) Subsections (2) and (3) apply if Bill C-31, introduced in the 1st session of the 41st Parliament and entitled the Protecting Canada’s Immigration System Act (referred to as “the other Act” in this section), receives royal assent.

  • (2) On the first day on which both section 29 of the other Act and section 706 of this Act are in force, subsection 87.3(1) of the Immigration and Refugee Protection Act is replaced by the following:

    Marginal note:Application

    • 87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

  • (3) On the first day on which both section 30 of the other Act and section 703 of this Act are in force, subsection 14.1(4) of the Immigration and Refugee Protection Act is replaced by the following:

    • Marginal note:Exception

      (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).

Division 55Shared Services Canada

Shared Services Canada Act

Marginal note:Enactment of Act

711. The Shared Services Canada Act is enacted as follows:

An Act to establish Shared Services Canada

Preamble

Recognizing that

the Government of Canada wishes to stand­ardize and consolidate, within a single shared services entity, certain administrative services that support government institutions; and

doing so will enable those services to be provided more effectively and will support the efficient use of public money;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Shared Services Canada Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“Crown corporation”

« société d’État »

“Crown corporation” has the same meaning as in subsection 83(1) of the Financial Administration Act.

“department”

« ministère »

“department” has the same meaning as in section 2 of the Financial Administration Act.

“President”

« président »

“President” means the President of Shared Services Canada appointed under subsection 10(1).

DESIGNATION OF MINISTER

Marginal note:Power of Governor in Council

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

ESTABLISHMENT

Marginal note:Establishment

4. A department is established, called Shared Services Canada, for the purpose of assisting the Minister in providing the services specified under section 6.

Marginal note:Minister

5. The Minister presides over Shared Services Canada and has the management and direction of it.

POWERS, DUTIES AND FUNCTIONS

Marginal note:Governor in Council

6. The Governor in Council may specify

  • (a) the services that the Minister must provide through Shared Services Canada;

  • (b) the services that the Minister may provide through Shared Services Canada;

  • (c) the departments that must obtain a service that is specified under paragraph (a) exclusively from the Minister through Shared Services Canada and that are not permitted to meet their requirement for that service internally;

  • (d) the departments and Crown corporations to which the Minister is permitted to provide services through Shared Services Canada;

  • (e) the departments and Crown corporations to which the Minister is not permitted to provide services through Shared Services Canada; and

  • (f) terms and conditions respecting the provision of the specified services.

Marginal note:Minister

7. The Minister may, for the purpose of providing services under this Act, exercise any of the powers, duties or functions that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments and Crown corporations to which those services are provided.

Marginal note:Governor in Council’s approval

8. The Minister may — with the Governor in Council’s approval, given on a general or a specific basis — provide the services that are specified under paragraph 6(a) or (b) through Shared Services Canada to any person, organization or government, including a foreign government.

Marginal note:Charging for services

9. The Minister may, subject to any regulations that the Treasury Board makes for the purposes of this section, charge for the services that are provided under this Act.

ORGANIZATION AND HEAD OFFICE

Marginal note:President

  • 10. (1) The Governor in Council is to appoint a President of Shared Services Canada to hold office during pleasure.

  • Marginal note:Executive Vice-president

    (2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure.

Marginal note:President

  • 11. (1) The President is the deputy head of Shared Services Canada.

  • Marginal note:Executive Vice-president

    (2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated.

Marginal note:Remuneration

12. The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council.

Marginal note:Head office

13. The head office of Shared Services Canada is to be in the National Capital Region that is described in the schedule to the National Capital Act.

HUMAN RESOURCES

Marginal note:Appointment of employees

14. The employees that are necessary for the conduct of Shared Services Canada’s work are to be appointed in accordance with the Public Service Employment Act.

GENERAL

Marginal note:Access to Information Act

15. For greater certainty, for the purposes of the Access to Information Act, the records of other government institutions as defined in that Act or of other organizations that are, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems are not under the control of Shared Services Canada.

Marginal note:Privacy Act

16. For greater certainty, for the purposes of the Privacy Act, personal information that is collected by other government institutions as defined in that Act or by other organizations and that is, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems is not under the control of Shared Services Canada.

TRANSITIONAL PROVISIONS

Definitions

Marginal note:Definitions

17. The following definitions apply in sections 18 to 20.

“former department”

« ancien ministère »

“former department” means the portion of the federal public administration known as Shared Services Canada.

“new department”

« nouveau ministère »

“new department” means Shared Services Canada as established by section 4.

Former Department

Marginal note:President

  • 18. (1) The person occupying the position of President of the former department on the day on which this section comes into force becomes President of the new department on that day and is deemed to have been appointed under subsection 10(1).

  • Marginal note:Employees

    (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former department, except that the employee is, on the coming into force of this section, to occupy that position in the new department.

  • Definition of “employee”

    (3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Transfer of appropriations

  • 19. (1) Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.

  • Marginal note:Transfer of powers, duties and functions

    (2) If a power, duty or function is vested in or exercisable by the former department’s President or an employee of the former department under any Act, order, rule or regulation, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s President or an employee of the new department.

Marginal note:References

  • 20. (1) A reference to the former department in any of the following is deemed to be a reference to the new department:

  • Marginal note:Deputy head

    (2) The designation of a person as deputy head of the former department in any of the following is deemed to be a designation of the President of the new department as deputy head of that department:

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