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Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Assented to 2017-06-22

PART 4Various Measures (continued)

DIVISION 7Parliamentary Budget Officer and Board of Internal Economy (continued)

Consequential Amendments (continued)

170 Section 26 of the Act is replaced by the following:

Marginal note:No execution

26 No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer in garnishment proceedings permitted by this Part.

R.S., c. G-5Government Employees Compensation Act

171 Paragraph (e) of the definition employee in section 2 of the Government Employees Compensation Act is replaced by the following:

  • (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; (agents de l’État)

R.S., c. P-36Public Service Superannuation Act

172 The definition public service in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

public service

public service means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; (fonction publique)

R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act

  • 173 (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

    Marginal note:Application to Her Majesty and Parliament

    • 3 (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and on Her Majesty in right of a province.

  • (2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exemptions

      (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

R.S., c. R-10Royal Canadian Mounted Police Act

173.1 Subsection 45.47(5) of the Royal Canadian Mounted Police Act is replaced by the following:

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

174 The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer

175 Paragraph 2(a) of the Act is replaced by the following:

  • Marginal note: 

    (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, and

176 The definition employer in section 3 of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; (employeur)

177 The definition employer in section 85 of the Act is amended by striking out “or” at the end of paragraph (c.3) and by adding the following after that paragraph:

  • (c.4) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; or

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

178 Paragraph (c) of the definition employer in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

  • (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or

R.S., c. 31 (4th Supp.)Official Languages Act

179 The definition federal institution in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.2):

  • (c.3) the office of the Parliamentary Budget Officer,

180 Section 33 of the Act is replaced by the following:

Marginal note:Regulations

33 The Governor in Council may make any regulations that the Governor in Council considers necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — in both official languages, if those communications and services are required under this Part to be provided in both official languages.

  • 181 (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations

    • 38 (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer,

  • (2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following:

    • (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

182 Subsection 41(3) of the Act is replaced by the following:

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

183 Subsection 46(1) of the Act is replaced by the following:

Marginal note:Responsibilities of Treasury Board

  • 46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer.

184 Paragraph 93(a) of the Act is replaced by the following:

  • (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; and

1991, c. 30Public Sector Compensation Act

185 Paragraph 3(1)(c) of the Public Sector Compensation Act is replaced by the following:

  • (c) the Senate, House of Commons, Library of Parliament, Parliamentary Protective Service or office of the Parliamentary Budget Officer.

2003, c. 22, ss. 12 and 13Public Service Employment Act

186 The portion of section 35.3 of the Public Service Employment Act before paragraph (a) is replaced by the following:

Marginal note:Parliamentary employees

35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer

2006, c. 9, s. 2Conflict of Interest Act

  • 187 (1) The definition public office holder in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (d):

    • (d.01) the Parliamentary Budget Officer;

  • (2) The definition reporting public office holder in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after that paragraph:

    • (e.1) the Parliamentary Budget Officer; or

188 Subsection 24(2) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

  • (c.1) in the case of the Parliamentary Budget Officer, to the Speakers of the Senate and the House of Commons; and

2009, c. 2, s. 393Expenditure Restraint Act

189 Paragraph 13(1)(c) of the Expenditure Restraint Act is replaced by the following:

  • (c) the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer.

2013, c. 36Language Skills Act

190 Section 2 of the Language Skills Act is amended by adding the following after paragraph (j):

Coming into Force

Marginal note:Order in council

191 Sections 126 to 129 and 131 to 190 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 8R.S., c. 28 (1st Supp.)Investment Canada Act

Amendments to the Act

192 Paragraphs 14.1(1)(a) to (d) of the Investment Canada Act are replaced by the following:

  • (d) for an investment implemented at any time in the period that begins on the day on which this paragraph comes into force and that ends on December 31 of the following year, $1,000,000,000; and

193 Section 38.1 of the Act is replaced by the following:

Marginal note:Annual report

38.1 The Director shall, for each fiscal year, submit a report on the administration of this Act to the Minister and the Minister shall make the report available to the public.

Transitional Provision

Marginal note:Application for review — subsection 14.1(1)

194 Any application that is filed under section 17 of the Investment Canada Act before the day on which paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act, comes into force and in respect of which the Minister of Industry has not made a decision before that day is deemed never to have been filed if

  • (a) the investment to which the application relates would have been subject to subsection 14.1(1) of that Act, had the application been filed on that day; and

  • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act.

DIVISION 9Funding for Home Care Services and Mental Health Services

Marginal note:Payment to provinces — fiscal year 2017–2018

  • 195 (1) For the fiscal year beginning on April 1, 2017, the Minister of Finance must pay to a province the amounts determined in accordance with subsections (2) and (3) for the purposes of assisting the province to provide home care services and mental health services if, no later than March 30, 2018, the Minister of Health notifies the Minister of Finance in writing that, in his or her opinion, the government of the province, before December 15, 2017, has accepted the federal proposal to strengthen health care for Canadians made on December 19, 2016.

  • Marginal note:Amount — home care services

    (2) The amount to be paid for the purposes of assisting a province to provide home care services is the amount determined in accordance with the formula

    A × (B/C)

    where

    A
    is $200 million;
    B
    is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
    C
    is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.

  • Marginal note:Amount — mental health services

    (3) The amount to be paid for the purposes of assisting a province to provide mental health services is the amount determined in accordance with the formula

    A × (B/C)

    where

    A
    is $100 million;
    B
    is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
    C
    is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.

  • Marginal note:Payments out of C.R.F

    (4) Any amount to be paid under this section is to be paid out of the Consolidated Revenue Fund.

DIVISION 10R.S., c. J-1Judges Act

Amendments to the Act

196 Paragraphs 9(a) and (b) of the Judges Act are replaced by the following:

  • (a) the Chief Justice of Canada, $403,800; and

  • (b) the eight puisne judges, $373,900 each.

197 Paragraphs 10(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of the Federal Court of Appeal, $344,400;

  • (b) the other judges of the Federal Court of Appeal, $314,100 each;

  • (c) the Chief Justice of the Federal Court, $344,400; and

  • (d) the other judges of the Federal Court, $314,100 each.

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