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

Terminology Changes

Marginal note:Replacement of “Canadian Forces Members and Veterans Re-establishment and Compensation Act”

• 292 (1) Every reference to the “Canadian Forces Members and Veterans Re-establishment and Compensation Act” is replaced by a reference to the “Veterans Well-being Act” in the following provisions:

  • (a) subparagraph 5(g.1)(i.1) of the Department of Veterans Affairs Act;

  • (b) paragraphs (e) and (f) of the definition student in section 2 of the Children of Deceased Veterans Education Assistance Act;

  • (c) the definition special duty service in subsection 3(1), the heading before section 3.1 and subsections 72(1) to (2) of the Pension Act;

  • (d) subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act;

  • (e) section 18, subsection 19(2), section 30 and subsections 34(1), (3) and (4) and 37(1) of the Veterans Review and Appeal Board Act;

  • (f) paragraph 13(a) of the Injured Military Members Compensation Act;

  • (g) sections 102 and 103 and paragraph (a) of the definition dependent child in subsection 107(1) of the Economic Action Plan 2014, No. 1;

  • (h) section 98 and the definition Act in section 99 of the Budget Implementation Act, 2016, No. 1.

• Marginal note:Other references

  (2) Unless the context requires otherwise, every reference to the “Canadian Forces Members and Veterans Re-establishment and Compensation Act” in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the “Veterans Well-being Act”.

Transitional Provisions

Marginal note:Payment or reimbursement

• 293 (1) On or after April 1, 2018, the Minister of Veterans Affairs may, in accordance with Part 1 of the Veterans Well-being Act and the regulations, as they read immediately before that day, pay or reimburse fees that are in respect of career transition services provided under that Part before that day.

• Marginal note:Application of section 87.1

  (2) Section 87.1 of the Veterans Well-being Act applies with respect to an amount payable under subsection (1) to a person to whom career transition services were provided.

Marginal note:Services before April 1, 2018

294 A person who is entitled, on March 31, 2018, to receive career transition services under the Veterans Well-being Act need not re-apply for career transition services under section 3 of that Act, as it reads on April 1, 2018, if they meet the requirements of that section.

Marginal note:Cessation of family caregiver relief benefits

• 295 (1) Subject to subsection (2), all family caregiver relief benefits under Part 3.1 of the Veterans Well-being Act as it read on March 31, 2018 cease to be payable on April 1, 2018.

• Marginal note:Applications made before April 1, 2018

  (2) An application for a family caregiver relief benefit that is made under subsection 65.1(1) of the Veterans Well-being Act as it read on March 31, 2018 and that is received by the Minister before April 1, 2018 is to be dealt with in accordance with that Act as it read on March 31, 2018. If the application is approved, the veteran is entitled to the benefit for only one year.

Marginal note:April 1, 2006

296 Paragraph 94(j.1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is deemed to have come into force on April 1, 2006.

Consequential Amendments

2012, c. 19Jobs, Growth and Long-term Prosperity Act

297 Division 50 of the Jobs, Growth and Long-term Prosperity Act is repealed.

2016, c. 7Budget Implementation Act, 2016, No. 1

298 Section 115 of the Budget Implementation Act, 2016, No. 1 and the heading before it are repealed.

Coming into Force

Marginal note:April 1, 2018

299 The provisions of this Division, other than sections 290, 291 and 296, come into force on April 1, 2018.

DIVISION 132001, c. 27Immigration and Refugee Protection Act

• 300 (1) Section 10.1 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):

  • Marginal note:Invitation to provincial nominees

    (1.1) A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class.

• (2) Section 10.1 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Declining invitation

    (7) Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k).

• 301 (1) Paragraph 10.3(1)(h) of the French version of the Act is replaced by the following:

  • h) la base sur laquelle peuvent être classés les uns par rapport aux autres les étrangers qui peuvent être invités à présenter une demande;

• (2) Paragraph 10.3(1)(i) of the Act is replaced by the following:

  • (i) the rank an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

• (3) Subsection 10.3(3) of the Act is replaced by the following:

  • Marginal note:Application of instructions

    (3) An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

302 Section 10.4 of the Act is replaced by the following:

• 303 (1) Section 11.2 of the French version of the Act is replaced by the following:

  Marginal note:Visa ou autre document ne pouvant être délivré

  11.2 Ne peut être délivré à l’étranger à qui une invitation à présenter une demande de résidence permanente a été formulée en vertu de la section 0.1 un visa ou autre document à l’égard de la demande si, lorsque l’invitation a été formulée ou que la demande a été reçue par l’agent, il ne répondait pas aux critères prévus dans une instruction donnée en vertu de l’alinéa 10.3(1)e) ou il n’avait pas les attributs sur la base desquels il a été classé au titre d’une instruction donnée en vertu de l’alinéa 10.3(1)h) et sur la base desquels cette invitation a été formulée.

• (2) Section 11.2 of the Act is renumbered as subsection 11.2(1) and is amended by adding the following:

  • Marginal note:Exceptions

    (2) Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application,

    • (a) 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) — because the applicant’s birthday occurred after the invitation was issued; or

    • (b) the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but

      • (i) they met the criteria set out in an instruction given under paragraph 10.3(1)(e), and

      • (ii) they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application.

• 304 (1) Subsection 89(1.2) of the Act is replaced by the following:

  • Marginal note:Service Fees Act

    (1.2) The Service Fees Act does not apply to a fee for the provision of services in relation to the processing of an application

    • (a) for a temporary resident visa or permanent resident visa;

    • (b) for a work permit or study permit;

    • (c) for an extension of an authorization to remain in Canada as a temporary resident;

    • (d) to remain in Canada as a permanent resident;

    • (e) to sponsor a foreign national as a member of the family class;

    • (f) to make the request referred to in subsection 25(1);

    • (g) for a travel document issued under subsection 31(3); and

    • (h) for a permanent resident card.

• (2) Section 89 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Service Fees Act

    (4) The Service Fees Act does not apply to a fee for the examination of the circumstances of a foreign national under subsection 25.2(1).

305 The Act is amended by adding the following after section 89.1:

DIVISION 141996, c. 23Employment Insurance Act

Amendments to the Act

306 Section 58 of the Employment Insurance Act is replaced by the following:

• 307 (1) Paragraph 60(4)(a) of the Act is replaced by the following:

  • (a) organizations that provide employment assistance services;

• (2) Paragraph 60(5)(a) of the Act is replaced by the following:

  • (a) provide assistance for employed persons unless they are facing a loss of their employment or need assistance to maintain their employment; or

308 Subsection 63(2) of the Act is repealed.

309 Section 63.1 of the Act is repealed.

310 Schedule III to the Act is repealed.

Coming into Force

Marginal note:April 1, 2018

311 This Division comes into force on April 1, 2018.

DIVISION 15Agreements — Minister of Transport

R.S., c. A-2Aeronautics Act

312 The Aeronautics Act is amended by adding the following after section 4.4:

313 Section 4.41 of the Act is replaced by the following:

R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act

314 The Navigation Protection Act is amended by adding the following after section 27: