Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 10Economic Sanctions (continued)
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
259 Subsection 55(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (f.1) and by adding the following after paragraph (g):
(h) the Minister of Foreign Affairs or a Minister designated under subsection 6(2) of the Special Economic Measures Act, if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; and
(i) the Minister of Foreign Affairs or a Minister designated under subsection 2.1(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act.
2017, c. 21Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
260 The heading before section 2 of the French version of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is replaced by the following:
Définitions et interprétation
261 The Act is amended by adding the following after section 2:
Marginal note:Deemed ownership
2.01 (1) If a foreign national controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that foreign national.
Marginal note:Criteria
(2) For the purposes of subsection (1), a foreign national controls an entity, directly or indirectly, if any of the following criteria are met:
(a) the foreign national holds, directly or indirectly, 50% or more of the shares or ownership interests in the entity or 50% or more of the voting rights in the entity;
(b) the foreign national is able, directly or indirectly, to change the composition or powers of the entity’s board of directors; or
(c) it is reasonable to conclude, having regard to all the circumstances, that the foreign national is able, directly or indirectly and through any means, to direct the entity’s activities.
Minister
262 Paragraph 4(1)(b) of the Act is replaced by the following:
(b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by a foreign national who is identified in an order or regulation made under paragraph (1)(a).
263 Section 7.1 of the Act is amended by adding the following after paragraph (d):
(d.1) the Minister of Transport;
(d.2) the Minister of National Revenue;
(d.3) the Minister of Justice and Attorney General of Canada;
(d.4) the Minister of Citizenship and Immigration;
264 The Act is amended by adding the following after section 7.2:
Marginal note:FINTRAC
7.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1).
DIVISION 11R.S., c. P-24Privileges and Immunities (North Atlantic Treaty Organisation) Act
265 The long title of the Privileges and Immunities (North Atlantic Treaty Organisation) Act is replaced by the following:
266 Sections 2 and 3 of the Act are replaced by the following:
Marginal note:Definitions
2 The following definitions apply in this Act.
- Ottawa Agreement
Ottawa Agreement means the Agreement on the status of the North Atlantic Treaty Organisation, National Representatives and International Staff, done at Ottawa on September 20, 1951. (Convention d’Ottawa)
- Paris Protocol
Paris Protocol means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris on August 28, 1952. (Protocole de Paris)
Marginal note:Approval
3 The Ottawa Agreement set out in Schedule 1 and the Paris Protocol set out in Schedule 2 are approved.
Marginal note:Power to make orders
4 The Governor in Council may make any orders that the Governor in Council considers necessary for the purpose of carrying out the obligations and exercising the rights of Canada under the Ottawa Agreement, the Paris Protocol and any agreement under Article 25 of that Agreement or paragraph 2 of Article 16 of that Protocol.
Marginal note:Orders — Headquarters or organization
5 The Governor in Council may make any orders that the Governor in Council considers necessary to enable any international military Headquarters or organization established under the North Atlantic Treaty to exercise its powers or perform its functions in Canada, including any orders that impose obligations and confer rights, privileges and immunities comparable to those under the Paris Protocol.
Marginal note:Certificate
6 A certificate issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions is admissible in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate:
(a) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization is the subject of an order made under section 4 or 5;
(b) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization has privileges or immunities provided by an order made under section 4 or 5;
(c) whether any person has privileges or immunities provided by an order made under section 4 or 5.
267 The schedule to the Act is numbered as Schedule 1.
268 Schedule 1 to the Act is amended by replacing the reference after the heading “SCHEDULE 1” with the following:
269 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to this Act.
DIVISION 122017, c. 20, s. 451Service Fees Act
Amendments to the Act
270 (1) Paragraph (e) of the definition fee in subsection 2(1) of the Service Fees Act is replaced by the following:
(e) the provision of a regulatory process. (frais)
(2) Section 2 of the Act is amended by adding the following after subsection (2):
Marginal note:Non-application of Act
(3) This Act does not apply to a fee if
(a) the fee is fixed under the Access to Information Act or the Privacy Act; or
(b) the fee is paid only by or on behalf of a minister or federal entity.
271 (1) Section 3 of the Act is replaced by the following:
Marginal note:Non-application — sections 4 to 7
3 Sections 4 to 7 do not apply to a fee if
(a) the fee is fixed by contract;
(b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or
(c) the fee is referred to in paragraph (d) of the definition fee.
(2) Paragraph 3(b) of the Act is replaced by the following:
(b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or
272 (1) Section 9 of the Act is replaced by the following:
Marginal note:Non-application — sections 10 to 15
9 Sections 10 to 15 do not apply to a fee if
(a) the fee is fixed by contract;
(b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate;
(c) the fee is fixed by a regulation, as defined in subsection 2(1) of the Statutory Instruments Act, that is published in Part I of the Canada Gazette before it is made; or
(d) an Act of Parliament other than this Act requires consultation before the fee is fixed.
(2) Paragraph 9(b) of the Act is replaced by the following:
(b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate;
273 (1) The portion of section 16 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Non-application — sections 17 and 18
16 Sections 17 and 18 do not apply to a fee if
(2) Paragraphs 16(b) to (e) of the Act are replaced by the following:
(b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or
(c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act.
(3) Section 16 of the Act is replaced by the following:
Marginal note:Non-application — sections 17 and 18
16 (1) Sections 17 and 18 do not apply to a fee if the fee is fixed by contract.
Marginal note:Approval by President of Treasury Board
(2) Sections 17 and 18 do not apply to a fee if the President of the Treasury Board approves that those sections do not apply and
(a) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate;
(b) the fee is fixed in a manner that takes inflation into account; or
(c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act.
274 Subsection 17(2) of the Act is replaced by the following:
Marginal note:Exception
(2) A fee is not adjusted by operation of subsection (1) in a fiscal year if
(a) the fee is fixed in that fiscal year before the adjustment date; or
(b) the percentage change described in subsection (1) for that fiscal year is less than 1%.
Marginal note:Adjustment — subsequent fiscal year
(3) If paragraph (2)(b) applies with respect to a fiscal year, the percentage change referred to in that paragraph is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year.
Marginal note:Adjustment of fee — round down
(4) The responsible authority may, in accordance with Treasury Board policies or directives, round down a fee after an adjustment under subsection (1) in a given fiscal year.
Marginal note:Anniversary date — change
(5) Despite subsection (1), the responsible authority may change the anniversary date selected in respect of a fee in accordance with Treasury Board policies or directives.
275 Section 19 of the Act is repealed.
276 (1) Section 21 of the Act is replaced by the following:
Marginal note:Report — President of Treasury Board
21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that
(a) consolidates the information set out in the tabled reports; and
(b) lists the amendments to the regulations made by the President of the Treasury Board under section 22 in that fiscal year.
(2) Section 21 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) lists the approvals given by the President of the Treasury Board in that fiscal year under this Act.
277 (1) Paragraph 22(2)(a) of the Act is replaced by the following:
(a) listing the fees that are considered to be low-materiality fees or the fees that are not considered to be low-materiality fees;
(a.1) setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees;
(2) Subsection 22(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:
(c) establishing the factors that the President of the Treasury Board must take into account while exercising the power referred to in subsection (3).
(3) Section 22 of the Act is amended by adding the following after subsection (2):
Marginal note:Amending regulations — President of the Treasury Board
(3) The President of the Treasury Board may, by regulation, amend regulations made under paragraph (2)(a), taking into account any factors established under paragraph (2)(c).
1997, c. 6Consequential Amendment to the Canadian Food Inspection Agency Act
278 Section 25.1 of the Canadian Food Inspection Agency Act is renumbered as subsection 25.1(1) and is amended by adding the following:
Marginal note:Application of sections 16 to 18
(2) Despite subsection 22(1) of the Service Fees Act, sections 16 to 18 of that Act apply to a low-materiality fee within the meaning of that Act that is fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or that is fixed under section 25 in respect of products, rights and privileges provided by the Agency under the Safe Food for Canadians Act.
Coming into Force
Marginal note:April 1, 2024
279 Subsections 271(2), 272(2), 273(3) and 276(2) come into force on April 1, 2024.
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