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 13R.S., c. C-8Canada Pension Plan
280 Section 92 of the Canada Pension Plan is amended by adding the following after subsection (2):
Marginal note:Information provided by Minister of National Revenue
(3) Despite any other Act or law, the Minister of National Revenue or any person that he or she designates may make available to the Minister a report providing information that is necessary for the purpose of policy analysis, research or evaluation related to the administration of this Act.
DIVISION 142005, c. 34, s. 1; 2013, c. 40, s. 205Department of Employment and Social Development Act
281 The Department of Employment and Social Development Act is amended by adding the following after section 8:
Marginal note:Social Insurance Numbers
8.1 The Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.
DIVISION 15R.S., c. L-2Canada Labour Code
282 (1) Subsections 206.5(2) to (4) of the Canada Labour Code are replaced by the following:
Marginal note:Leave — death of child
(2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.
Marginal note:Leave — child who has disappeared
(3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.
Marginal note:Exception
(4) An employee is not entitled to a leave of absence if they are charged with the crime.
(2) Paragraph 206.5(5)(b) of the Act is replaced by the following:
(b) ends 156 weeks after the day on which the death or disappearance, as the case may be, occurs.
(3) Paragraphs 206.5(6)(a) and (b) of the Act are replaced by the following:
(a) on the 14th day after the day on which the child is found, if the child is found during the 156-week period, but no later than the end of the 156-week period; or
(b) 156 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.
(4) Subsection 206.5(8) of the Act is replaced by the following:
Marginal note:Aggregate leave — employees
(8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 156 weeks.
283 Paragraph 209.4(h) of the Act is replaced by the following:
(h) prescribing cases, other than the one set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;
DIVISION 162001, c. 27Immigration and Refugee Protection Act (Claims for Refugee Protection)
Amendments to the Act
284 (1) Subsection 99(3) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Claim inside Canada
(3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.
(2) Subsection 99(3.1) of the Act is replaced by the following:
Marginal note:Claim made inside Canada — not at port of entry
(3.1) A person inside Canada who makes a claim for refugee protection or who, before making a claim, submits any document or provides information with a view to making a claim, other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information, including in respect of the basis for the claim, required by the rules of the Board or specified by the Minister. The documents and information are to be provided in accordance with those rules and in the form and manner specified by the Minister.
Coming into Force
Marginal note:Order in council
285 Subsection 284(2) comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 172001, c. 27Immigration and Refugee Protection Act (Sponsorship Applications)
286 Section 87.3 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
Marginal note:Clarification
(1.1) For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2).
DIVISION 182019, c. 29, s. 292College of Immigration and Citizenship Consultants Act
Amendments to the Act
287 Section 4 of the College of Immigration and Citizenship Consultants Act is amended by adding the following after paragraph (a):
(a.1) establishing and providing training and development programs for licensees;
288 Subsection 15(1) of the Act is replaced by the following:
Marginal note:Annual report
15 (1) The College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.
289 The Act is amended by adding the following after section 39:
Marginal note:Filing decision in Federal Court
39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38.
Marginal note:Effect of filing
(2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.
290 Section 56 of the Act is replaced by the following:
Marginal note:Responsibility for damages — directors and others
56 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:
(a) a current or former director of the Board;
(b) a current or former member of a committee of the College;
(c) the Registrar or a former Registrar;
(d) a current or former investigator;
(e) a current or former officer, employee, agent or mandatary of the College; and
(f) a person who is or has been engaged by the College.
291 Paragraph 57(2)(c) of the Act is replaced by the following:
(c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.
292 (1) The portion of subsection 69(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Professional misconduct or incompetence
(3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, take or require one or more of the following actions as well as any other action set out in the regulations:
(2) Subsection 69(3) of the Act is amended by adding “or” at the end of paragraph (c), by striking out “or” at the end of paragraph (d) and by repealing paragraph (e).
293 The Act is amended by adding the following after section 70:
Marginal note:Filing decision in Federal Court
70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3).
Marginal note:Effect of filing
(2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.
294 Section 71 of the Act is renumbered as subsection 71(1) and is amended by adding the following:
Marginal note:Respondent — committee
(2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent.
295 The Act is amended by adding the following after section 73:
Powers of College
Administration of Licensee’s Property
Marginal note:Order
73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control.
Marginal note:Content of order
(2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1),
(a) authorize the College or person appointed by the court to
(i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located,
(ii) examine anything in the place,
(iii) open or order any person to open any container or package found in the place,
(iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and
(v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act;
(b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court;
(c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1);
(d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and
(e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order.
Marginal note:Additional authority
(3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice.
Marginal note:Former licensee
(4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee.
Marginal note:Limitation or prescription
73.2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee.
Marginal note:Application
73.3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary.
Marginal note:Obstruction and false statements
73.4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1).
Information-sharing Agreement or Arrangement
Marginal note:Information sharing
73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution, as defined in section 3 of the Access to Information Act, or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants.
Marginal note:Limitation
(2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act.
296 The portion of subsection 79(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences and punishment
79 (1) Every person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liable
297 Subsection 81(2) of the Act is replaced by the following:
Marginal note:Authorization
(2) Regulations made under paragraphs (1)(c) to (f), (h) to (j), (l) to (p), (r), (s), (u) and (x) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.
Related Amendments
R.S., c. C-29Citizenship Act
298 Subsection 27(3) of the Citizenship Act is replaced by the following:
Marginal note:Right to request review
(3) Any regulation made under paragraph (1)(k.6) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.
2001, c. 27Immigration and Refugee Protection Act
299 Subsection 91.1(2) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Right to request review
(2) Any regulation made under paragraph (1)(a) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed.
DIVISION 19R.S., c. C-29Citizenship Act
Amendments to the Act
300 The Citizenship Act is amended by adding the following after section 2:
Biometric Information
Marginal note:Biometric information — collection, use, etc.
2.1 The Minister may, for the purpose of administering and enforcing this Act, collect, use, verify, retain and disclose biometric information in accordance with the regulations.
Marginal note:Provision of biometric information
2.2 (1) Subject to subsection (2) and the regulations, a person who makes an application or request under this Act must provide the biometric information specified by the regulations in accordance with the procedures set out in the regulations for the collection and verification of biometric information.
Marginal note:Exceptional circumstances
(2) If the Minister considers that exceptional circumstances warrant it, the Minister may, on the Minister’s own initiative, decide that subsection (1) does not apply in respect of a class of persons and may specify the biometric information that a person who is a member of that class is to provide and the procedure to follow for the collection and verification of that biometric information.
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