Economic Action Plan 2015 Act, No. 1 (S.C. 2015, c. 36)
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Assented to 2015-06-23
142. The definition “employer” in section 85 of the Act is amended by striking out “or” at the end of paragraph (c.2) and by adding the following after that paragraph:
(c.3) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament; or
R.S., c. 15 (4th Supp.)Non-smokers’ Health Act
143. 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 or Parliamentary Protective Service, 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
144. The definition “federal institution” in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.1):
(c.2) the Parliamentary Protective Service,
145. 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 or Parliamentary Protective Service — in both official languages, if those communications and services are required under this Part to be provided in both official languages.
146. (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 or Parliamentary Protective Service,
(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 or Parliamentary Protective Service, 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.
147. 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 or Parliamentary Protective Service, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
148. 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 and Parliamentary Protective Service.
149. 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 or Parliamentary Protective Service; and
1991, c. 30Public Sector Compensation Act
150. Paragraph 3(1)(c) of the Public Sector Compensation Act is replaced by the following:
(c) the Senate, House of Commons, Library of Parliament or Parliamentary Protective Service.
2003, c. 22, ss. 12 and 13Public Service Employment Act
151. 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 or Parliamentary Protective Service
2009, c. 2, s. 393Expenditure Restraint Act
152. 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 and the Parliamentary Protective Service.
Division 111996, c. 23Employment Insurance Act
Amendments to the Act
153. Section 58 of the Employment Insurance Act is replaced by the following:
Definition of “insured participant”
58. In this Part, “insured participant” means an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person
(a) for whom a benefit period is established or whose benefit period has ended within the previous 60 months; or
(b) who would have had a benefit period established for them within the previous 60 months if it were not for the fact that they have had fewer than the hours referred to in subsection 7(4) in the last 52 weeks before what would have been their qualifying period and who, during what would have been that qualifying period, has had at least the number of hours of insurable employment indicated in the table set out in subsection 7(2) or 7.1(1) in relation to their applicable regional rate of unemployment.
154. Section 63 of the Act is renumbered as subsection 63(1) and is amended by adding the following:
Marginal note:Insured participants
(2) An agreement may be entered into under subsection (1) with a government even if the benefits provided by that government are provided only for an insured participant as defined in section 58 as it read immediately before the day on which this subsection comes into force.
155. The Act is amended by adding the following after section 63:
Marginal note:Transitional provision
63.1 Contributions that are to be paid under an agreement that, before the day on which this section comes into force, was entered into with a government under section 63 to provide for the payment of contributions for all or a portion of the costs of benefits provided by the government that are similar to employment benefits under this Part shall be paid only for costs of benefits for an insured participant as defined in section 58 as it read immediately before that day.
156. Paragraphs 77(1)(c) and (d) of the Act are replaced by the following:
(c) all amounts paid under paragraph 63(1)(a);
(d) the costs of administering this Act, including administration fees or costs paid under section 62 or paragraph 63(1)(b);
157. Section 78 of the Act is replaced by the following:
Marginal note:Maximum amount that may be paid under Part II
78. The total amount that may be paid out by the Commission under section 61 and paragraph 63(1)(a) and charged to the Employment Insurance Operating Account under this Part in a fiscal year must not exceed 0.8% of the insurable earnings of all insured persons from which the prescribed amount is deducted under subsection 82(1) in that year as or on account of employee’s premiums, as estimated by the Commission and set out in the Main Estimates tabled in Parliament.
Transitional Provision
Marginal note:Persons making initial claim for benefits
158. Paragraph 58(b) of the Employment Insurance Act, as it reads on the day on which this section comes into force, applies only to persons who make an initial claim for benefits, as defined in subsection 6(1) of that Act, on or after that day.
Consequential Amendments
2000, c. 12Modernization of Benefits and Obligations Act
159. Subsection 107(3) of the Modernization of Benefits and Obligations Act is replaced by the following:
(3) Section 23 of the Act is amended by adding the following after subsection (4.1):
Marginal note:Interpretation
(4.2) Subsections 12(3) to (8) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).
2000, c. 14Budget Implementation Act, 2000
160. Section 10 of the Budget Implementation Act, 2000 and the heading before it are repealed.
Division 121998, c. 36Canada Small Business Financing Act
161. Paragraphs (a) and (b) of the definition “small business” in section 2 of the Canada Small Business Financing Act are replaced by the following:
(a) not exceeding $10 million or any prescribed lesser amount for the fiscal year of the business during which a loan is approved by a lender in respect of the business; or
(b) in the case of a business about to be carried on, not expected at the time a loan is approved by a lender in respect of the business to exceed $10 million or any prescribed lesser amount for its first fiscal year that is of not less than 52 weeks duration.
162. (1) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) in the case of a loan made after March 31, 2009 but before the day on which paragraph (d) comes into force, the outstanding loan amount in relation to the borrower does not exceed $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and
(d) in the case of a loan made on or after the day on which this paragraph comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.
(2) Subsection 4(3) of the Act is replaced by the following:
Marginal note:Meaning of outstanding loan amount
(3) The outstanding loan amount referred to in paragraph (2)(b), (c) or (d) is the aggregate of the amount of the proposed loan and the principal amount outstanding, in respect of the borrower and all borrowers that are related to that borrower within the meaning of the regulations, of all loans made under this Act and guaranteed business improvement loans made under the Small Business Loans Act.
163. Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) in the case of a loan made after March 31, 2009 but before the day on which paragraph (c) comes into force, $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and
(c) in the case of a loan made on or after the day on which this paragraph comes into force, $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.
Division 132000, c. 5Personal Information Protection and Electronic Documents Act
164. Section 4 of the Personal Information Protection and Electronic Documents Act is amended by adding the following after subsection (1):
Marginal note:Application
(1.1) This Part applies to an organization set out in column 1 of Schedule 4 in respect of personal information set out in column 2.
165. Subsection 26(2) 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) amend Schedule 4.
166. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in Schedule 2 to this Act.
Division 142000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
167. 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 (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) an agency or body that administers the securities legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under that legislation.
Division 152001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
168. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following before Division 0.1:
Division 0.01Biometric Information
Marginal note:Biometric information
10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.
Marginal note:Regulations
10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting
(a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;
(b) the procedures for the collection and verification of biometric information;
(c) the biometric information that is to be collected;
(d) the circumstances in which a person is not required to provide certain biometric information;
(e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and
(f) the circumstances in which a person is exempt from the application of that section.
169. (1) Subsection 11(1.01) of the Act is replaced by the following:
Marginal note:Electronic travel authorization
(1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.
(2) Section 11 of the Act is amended by adding the following after subsection (1.01):
Marginal note:Applications from within Canada
(1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada.
170. Section 11.1 of the Act is repealed.
171. (1) Subsection 14(3) of the Act is repealed.
(2) Subsection 14(4) of the Act is repealed.
(3) Subsection 14(5) of the Act is repealed.
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