Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:2006, c. 4, s. 210

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Corporation for the Mitigation of Mackenzie Gas Project Impacts

    Société d’atténuation des répercussions du projet gazier Mackenzie

R.S., c. F-11Financial Administration Act

Marginal note:2006, c. 4, s. 211

 Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

  • Corporation for the Mitigation of Mackenzie Gas Project Impacts

    Société d’atténuation des répercussions du projet gazier Mackenzie

R.S., c. P-21Privacy Act

Marginal note:2006, c. 4, s. 212

 The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Corporation for the Mitigation of Mackenzie Gas Project Impacts

    Société d’atténuation des répercussions du projet gazier Mackenzie

2006, c. 4Budget Implementation Act, 2006

 Section 209 of the Budget Implementation Act, 2006 is repealed.

Repeal

Marginal note:2006, c. 4, s. 208

 The Mackenzie Gas Project Impacts Act is repealed.

Division 152006, c. 9, s. 2Conflict of Interest Act

  •  (1) Paragraph (e) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:

    • (e) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(1) or 62.2(1).

  • (2) Paragraph (f) of the definition “reporting public office holder” in subsection 2(1) of the Act is replaced by the following:

    • (f) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(2) or 62.2(2).

 The Act is amended by adding the following before section 63:

Marginal note:Minister designating public office holder
  • 62.1 (1) The appropriate minister of the Crown may designate a full-time ministerial appointee as a public office holder for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).

  • Marginal note:Minister designating reporting public office holder

    (2) The appropriate minister of the Crown may designate a full-time ministerial appointee who is a public office holder as a reporting public office holder for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).

Marginal note:Governor in Council designating public office holder
  • 62.2 (1) The Governor in Council may, by order, designate any person or class of persons as public office holders for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).

  • Marginal note:Governor in Council designating reporting public office holder

    (2) The Governor in Council may, by order, designate any person who is a public office holder or any class of persons who are public office holders as reporting public office holders for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).

Division 162001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

 Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”:

Division 0.1Invitation to Make an Application

Marginal note:Application for permanent residence  — invitation to apply
  • 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.

  • Marginal note:Limitation

    (2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).

  • Marginal note:Expression of interest

    (3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.

  • Marginal note:Inadmissible foreign national

    (4) A foreign national may not submit an expression of interest if they have been determined to be  —  and continue to be  —  inadmissible for misrepresentation.

  • Marginal note:New expression of interest

    (5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).

  • Marginal note:Change in circumstances

    (6) A foreign national who is invited to make an application must, before making the application, advise the Minister of any change in their circumstances that relates to any of the criteria on the basis of which they were invited.

Marginal note:Expression of interest  — processing
  • 10.2 (1) In processing an expression of interest, the Minister

    • (a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and

    • (b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).

  • Marginal note:Limitation

    (2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).

  • Marginal note:Electronic system

    (3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).

  • Marginal note:Compliance with instructions

    (4) An expression of interest must be processed in compliance with any applicable instruction.

  • Marginal note:Cancellation of invitation

    (5) The Minister may cancel an invitation to make an application if

    • (a) the invitation was issued in error; or

    • (b) a change in the foreign national’s circumstances results in their no longer meeting the criteria on the basis of which they were invited.

Marginal note:Instructions
  • 10.3 (1) The Minister may give instructions governing any matter relating to invitations to make an application referred to in subsection 10.1(1), including instructions respecting

    • (a) the classes in respect of which subsection 10.1(1) applies;

    • (b) the electronic system referred to in subsections 10.1(3) and 10.2(3);

    • (c) the submission and processing of an expression of interest by means of the electronic system;

    • (d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

    • (e) the criteria that a foreign national must meet to be eligible to be invited to make an application;

    • (f) the period during which a foreign national remains eligible to be invited to make an application;

    • (g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

    • (h) the basis on which an eligible foreign national may be ranked relative to other eligible foreign nationals;

    • (i) the rank an eligible foreign national must occupy to be invited to make an application;

    • (j) the number of invitations that may be issued within a specified period, including in respect of a class referred to in an instruction given under paragraph (a);

    • (k) the period within which an application must be made once an invitation has been issued; and

    • (l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application.

  • Marginal note:Clarification

    (2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a class be zero.

  • Marginal note:Application of instructions

    (3) An instruction given under any of paragraphs (1)(a), (b) and (f) 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.

  • Marginal note:Publication

    (4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

  • Marginal note:Criteria provided for under other Divisions

    (5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.

Marginal note:Disclosure of information

10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose personal information provided to him or her by the foreign national under section 10.1 and referred to in an instruction given under paragraph 10.3(1)(g) to an entity that is referred to in an instruction given under that paragraph.

 
Date modified: