Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
PART 6VARIOUS MEASURES
Coming into Force
Marginal note:One year after royal assent
298. (1) Section 260 comes into force one year after the day on which this Act receives royal assent.
Marginal note:January 1, 2015
(2) Section 289 comes into force on January 1, 2015.
Marginal note:Order in council
(3) Subsections 256(2) and (3), sections 257, 258 and 261, subsection 262(3) and sections 263 to 266 and 293, subsections 294(1) to (5) and section 296 come into force on a day or days to be fixed by order of the Governor in Council.
Division 20Immigration
2001, c. 27Immigration and Refugee Protection Act
Marginal note:2012, c. 19, s. 701; 2013, c. 40, subpar. 238(1)(h)(i)
299. Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Minister of Employment and Social Development
(2.1) In making regulations under paragraphs 32(d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.
300. The Act is amended by adding the following after section 11.1:
Marginal note:Visa or other document not to be issued
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation.
301. Section 14 of the Act is amended by adding the following after subsection (4):
Marginal note:Applications to be made electronically
(5) The regulations may require foreign nationals who make an application for a visa or other document under subsection 11(1) and foreign nationals who were issued an invitation under Division 0.1 to apply for permanent residence to make those applications by means of an electronic system and may include provisions respecting that system, respecting the circumstances in which those applications may be made by other means and respecting those other means.
302. Section 32 of the Act is amended by adding the following after paragraph (d.3):
(d.4) a system of administrative monetary penalties applicable to the contravention by an employer of any conditions referred to in paragraph (d.1) and the amounts of those penalties;
303. The Act is amended by adding the following after section 87.4:
Federal Investor and Entrepreneur Classes
Marginal note:Pending applications
87.5 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, 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 the class in question.
Marginal note:Application
(2) Subsection (1) does not apply to
(a) an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or
(b) an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).
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:Investment returned
(5) If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.
Marginal note:Provincial allocation
(6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.
Marginal note:No recourse or indemnity
(7) No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.
304. Subsection 145(1) of the Act is amended by adding the following after paragraph (b):
(b.1) the amount of a penalty imposed under any regulation made under paragraph 32(d.4);
305. Section 146 of the Act is amended by adding the following after subsection (1):
Marginal note:Minister of Employment and Social Development
(1.1) When a penalty is imposed as a result of the Minister of Employment and Social Development exercising a power conferred on him or her by regulation made under paragraph 32(d.4), that Minister is responsible for the recovery of the debt referred to in paragraph 145(1)(b.1).
2013, c. 40Economic Action Plan 2013 Act, No. 2
306. (1) Section 290 of the Economic Action Plan 2013 Act, No. 2 is amended by adding, after the subsection 10.1(2) that it enacts, the following:
Marginal note:Provincial nominees
(2.1) In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals.
(2) Section 290 of the Act is amended by replacing the subsection 10.1(6) that it enacts with the following:
Marginal note:Failure to make application
(6) A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued.
(3) Section 290 of the Act is amended by replacing the subsection 10.2(5) that it enacts with the following:
Marginal note:Cancellation of invitation
(5) The Minister may cancel an invitation to make an application if the invitation was issued in error.
(4) Section 290 of the Act is amended by replacing the portion of the subsection 10.3(1) that it enacts before paragraph (a) with the following:
Marginal note:Instructions
10.3 (1) The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting
(5) Section 290 of the Act is amended by replacing the paragraph 10.3(1)(c) that it enacts with the following:
(c) the submission and processing of an expression of interest, including by means of the electronic system;
(6) Section 290 of the Act is amended by striking out “and” at the end of the paragraph 10.3(1)(k) that it enacts, by adding “and” at the end of the paragraph 10.3(1)(l) that it enacts and by adding the following after that paragraph 10.3(1)(l):
(m) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national.
Coming into Force
Marginal note:Order in council
307. Sections 300 and 301 come into force on a day or days to be fixed by order of the Governor in Council, which may not be earlier than the day on which section 290 of the Economic Action Plan 2013 Act, No. 2 comes into force.
Division 21Public Service Labour Relations
2003, c. 22, s. 2Public Service Labour Relations Act
308. Paragraph 226(1)(h) of the Public Service Labour Relations Act is replaced by the following:
(h) if the adjudicator has determined that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,
(i) order that the employer cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future, or
(ii) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act;
2013, c. 40Economic Action Plan 2013 Act, No. 2
309. (1) The portion of subsection 338(4) of the Economic Action Plan 2013 Act, No. 2 before paragraph (a) is replaced by the following:
Marginal note:Arbitration board established
(4) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day,
(2) The portion of subsection 338(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Public interest commission established
(5) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day,
(3) Subsection 338(6) of the Act is replaced by the following:
Marginal note:No essential services agreement
(6) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then,
(a) if no notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013, the process for the resolution of disputes is conciliation; and
(b) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day.
(4) The portion of subsection 338(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Essential services agreement entered into
(7) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is
(5) Section 338 of the Act is amended by adding the following after subsection (7):
Marginal note:Non-application
(7.1) Subsection (7) does not apply if the notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013.
(6) Subsection 338(9) of the Act is replaced by the following:
Marginal note:Positions — essential services agreement
(9) Despite subsections (4) and (5), if a bargaining unit is bound by an essential services agreement immediately before the commencement day,
(a) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day; and
(b) every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305.
For greater certainty, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any position referred to in paragraph (b).
Marginal note:For greater certainty
(10) For greater certainty,
(a) every essential services agreement between the employer and a bargaining agent that is in force immediately before the commencement day is deemed to have ceased to have effect on the commencement day; and
(b) every essential services agreement that is entered into by the employer and a bargaining agent after the commencement day ceases to apply on the day on which a collective agreement is entered into by the employer and the bargaining agent.
Coming into Force
Marginal note:Section 308
310. (1) Section 308 comes into force on the day on which subsection 326(1) of the Economic Action Plan 2013 Act, No. 2 comes into force.
Marginal note:Section 309
(2) Section 309 is deemed to have come into force on December 12, 2013.
Division 222006, c. 13Softwood Lumber Products Export Charge Act, 2006
311. (1) Section 99 of the Softwood Lumber Products Export Charge Act, 2006 is amended by adding the following after subsection (1):
Marginal note:Calculations
(1.1) The portion of the revenue to be distributed to a province shall be calculated in respect of each fiscal quarter in a fiscal year.
Definition of “fiscal year”
(1.2) In subsection (1.1), “fiscal year” means the period beginning on April 1 in one year and ending on March 31 in the next year.
Marginal note:Revenue
(1.3) The amount of revenue to be attributed to a province for a fiscal quarter is the revenue derived from the charge imposed under section 10 or 15 on softwood lumber products originating from that province.
Marginal note:Costs
(1.4) The amount of the costs referred to in paragraphs (1)(a) and (b) to be attributed to a province for a fiscal quarter is determined by the formula
A × (B/C) + D
where
- A
- is the costs that the Minister becomes aware of during the fiscal quarter;
- B
- is the volume in board feet of softwood lumber products exported from the province to the United States during the fiscal quarter under export permits;
- C
- is the volume in board feet of softwood lumber products exported from all of the provinces to the United States during the fiscal quarter under export permits; and
- D
- is the total amount of the costs attributed to the province for previous fiscal quarters, including any fiscal quarter that is before the day on which this subsection comes into force, that have not already been deducted from revenue transfers to that province and that have not been previously collected under section 40.1 of the Federal-Provincial Fiscal Arrangements Act or through voluntary payments by that province to Her Majesty in right of Canada.
Marginal note:Exception
(1.5) In the case of the costs referred to in paragraph (1)(b), the formula applies unless the Minister determines under subsection (1) that the costs are to be attributed otherwise.
Marginal note:Amount equal to or less than zero
(1.6) If, after deducting any refunds and the costs referred to in paragraphs (1)(a) and (b), the resulting amount with respect to a province is equal to or less than zero, the Minister is not required to distribute any portion of the revenue to that province.
Marginal note:Reconciliation
(1.7) Except for the final reconciliation, a reconciliation of the amounts used in calculations is to be made annually.
(2) Section 99 of the Act is amended by adding the following after subsection (2):
Marginal note:Regulations
(3) The Governor in Council may, on the recommendation of the Minister for International Trade, make regulations generally to carry out the purposes of this section.
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