Economic Action Plan 2015 Act, No. 1 (S.C. 2015, c. 36)
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Assented to 2015-06-23
PART 3VARIOUS MEASURES
Division 152001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
172. Paragraph 32(d.5) of the Act is replaced by the following:
(d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer;
173. Subsection 89.2(1) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).
174. Paragraph 150.1(1)(d) of the Act is replaced by the following:
(d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and
175. The Act is amended by adding the following after section 186:
PART 4.1ELECTRONIC ADMINISTRATION
Marginal note:Powers
186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.
Marginal note:Exception
(2) This Part does not apply to the Minister of Employment and Social Development in respect of any activity the administration of which is the responsibility of that Minister under this Act.
Marginal note:Officer
(3) For greater certainty, any person or class of persons who are designated as officers by the Minister to carry out any purpose of this Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.
Marginal note:Delegation
(4) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.
Marginal note:Decision, determination or examination by automated system
(5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.
Marginal note:Conditions for electronic version
186.2 A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide information, or to submit a document in its original form, is satisfied by its electronic version, if
(a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and
(b) any other requirements that may be prescribed have been met.
Marginal note:Regulations
186.3 (1) The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting
(a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and
(b) the date and time when, and the place where, an electronic version of an application, request, claim, notice, decision, determination, document or any information is deemed to be sent or received.
Marginal note:Requirement to use electronic means
(2) The regulations may require a foreign national or another individual who, or entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application, request or claim may be made, the document may be submitted or the information may be provided by other means and respecting those other means.
Marginal note:Minister’s power
(3) The regulations may prescribe the circumstances in which the Minister may require a foreign national or another individual who, or an entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using any means that are specified by the Minister.
Marginal note:Electronic payments
(4) The regulations may
(a) require that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system;
(b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and
(c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.
Marginal note:Incorporation by reference
(5) The regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they exist on a specified date or as amended from time to time.
Marginal note:Clarification
186.4 If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to provide information, the officer or individual is not precluded by this Part from requiring the foreign national, other individual or entity to submit the visa or other document or to provide the information, as the case may be, in accordance with that provision.
Coming into Force
Marginal note:Order in council
176. (1) Sections 168 and 170, subsection 171(2) and section 174 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Subsections 169(1) and (2) and 171(1) and (3) and sections 172, 173 and 175 come into force on a day or days to be fixed by order of the Governor in Council.
Division 162005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act
Amendments to the Act
177. (1) The definition “local revenues” in subsection 2(1) of the First Nations Fiscal Management Act is replaced by the following:
“local revenues”
« recettes locales »
“local revenues” means moneys raised under a local revenue law and payments made to a first nation in lieu of a tax imposed by a law made under paragraph 5(1)(a).
(2) The portion of subsection 2(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Amendments to schedule
(3) At the request of the council of a band, the Minister may, by order, amend the schedule in order to
(3) Section 2 of the Act is amended by adding the following after subsection (3):
Marginal note:For greater certainty
(4) For greater certainty, nothing in this Act shall be construed as requiring capital infrastructure or capital assets for the provision of local services on reserve lands to be located on reserve lands.
178. (1) Subsection 5(1) of the Act is amended by adding the following after paragraph (a):
(a.1) respecting the charging of fees for the provision of services or the use of facilities on reserve lands, or for a regulatory process, permit, licence or other authorization, in relation to water, sewers, waste management, animal control, recreation and transportation, as well as any other similar services;
(2) The portion of paragraph 5(1)(e) of the Act before subparagraph (i) is replaced by the following:
(e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1) in respect of outstanding taxes, charges or fees, including
(3) Paragraph 5(1)(e) of the Act is amended by striking out “and” at the end of subparagraph (iv), by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) the recovery of costs that are incurred by the first nation for the enforcement of those laws;
(4) The portion of subsection 5(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Appeals
(4) A law made under subparagraph (1)(a)(i) shall include
(5) Subsection 5(5) of the Act is repealed.
179. (1) The portion of subsection 6(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Notice of proposed laws
6. (1) At least 30 days — or any longer period fixed by a standard made under subsection 35(1) — before making a law under paragraph 5(1)(a), (a.1) or (c), including a law repealing or amending such a law, other than a law referred to in subsection 10(1), the council of a first nation shall
(a) publish a notice of the proposed law in the First Nations Gazette;
(2) Paragraph 6(1)(c) of the Act is replaced by the following:
(c) send the notice, by mail or electronic means, to the First Nations Tax Commission.
(3) Paragraph 6(3)(c) of the Act is replaced by the following:
(c) invite representations regarding the proposed law to be made, in writing, to the council within the period referred to in subsection (1); and
(4) Subsection 6(4) of the Act is replaced by the following:
Marginal note:Council to consider representations
(4) Before making a law under paragraph 5(1)(a), (a.1) or (c), the council of a first nation shall consider any representations that were made in accordance with paragraph (3)(c) or at a meeting referred to in paragraph (3)(d).
180. (1) Paragraph 8(1)(d) of the Act is replaced by the following:
(d) a description of the notices that were given and any consultation undertaken by the council before making the law; and
(2) The portion of subsection 8(3) of the Act before paragraph (b) is replaced by the following:
Marginal note:Accompanying information
(3) A law made under paragraph 5(1)(a.1) or (c), when submitted to the First Nations Tax Commission for approval, shall be accompanied by
(a) a description of the notices that were given and any consultation undertaken by the council before making the law; and
(3) Subsection 8(4) of the Act is replaced by the following:
Marginal note:Evidence law duly made
(4) A law made under any of paragraphs 5(1)(b) and (d) to (g) that is submitted to the First Nations Tax Commission for approval shall be accompanied by evidence that it was duly made by the council.
181. (1) Subsection 9(2) of the Act is replaced by the following:
Marginal note:Approval required
(2) A law made under subsection (1), including any amendment of such a law, does not have any force or effect until it is approved by the First Nations Financial Management Board.
Marginal note:Conditions for approval
(2.1) The First Nations Financial Management Board shall not approve a law made under subsection (1) unless it was made in accordance with this Act, the regulations and, in all material respects, any standards established under paragraph 55(1)(a).
(2) The portion of subsection 9(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Coming into force
(3) A law made under subsection (1) comes into force on the later of
(3) Paragraphs 9(3)(a) to (c) of the Act are replaced by the following:
(a) the day of coming into force set out in the law, and
(b) the day after it is approved by the First Nations Financial Management Board.
(4) Section 9 of the Act is amended by adding the following after subsection (5):
Marginal note:Judicial notice
(6) In any proceedings, judicial notice may be taken of a law that is made under subsection (1) and approved by the First Nations Financial Management Board under subsection (2).
182. Section 10 of the Act is replaced by the following:
Marginal note:Repeal of financial administration law
9.1 A borrowing member shall not repeal a financial administration law made under subsection 9(1) that has been approved by the First Nations Financial Management Board unless that law is replaced by another financial administration law that has been approved by the Board.
Marginal note:Law under paragraph 5(1)(a)
10. (1) A council of a first nation that makes a property taxation law that requires a rate of tax to be set annually shall also make a law under paragraph 5(1)(a) setting the rate of tax to be applied to the assessed value of each class of lands, interests or rights at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).
Marginal note:Law under paragraph 5(1)(b)
(2) A council of a first nation that makes a property taxation law or that makes a law under paragraph 5(1)(a.1) shall also make a law under paragraph 5(1)(b) establishing a budget for the expenditure of local revenues at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).
183. Subsection 11(1) of the Act is replaced by the following:
Marginal note:No repeal by borrowing members
11. (1) A borrowing member shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless
(a) the revenues raised under that law, if any, are not being used as security for financing obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or
(b) the law is concurrently replaced by a new law of the same nature that would not result in a reduction of the borrowing member’s borrowing capacity.
184. Subsection 13(1) of the Act is replaced by the following:
Marginal note:Local revenue account
13. (1) Local revenues of a first nation shall be placed in a local revenue account with a financial institution, separate from other moneys of the first nation.
185. The Act is amended by adding the following after section 13:
Marginal note:Expenditure not authorized by law
13.1 Despite subsection 13(2), a first nation is authorized to make an expenditure of local revenues other than under the authority of a law made under paragraph 5(1)(b) in one of the following circumstances:
(a) in the case where no law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the first nation, after making that expenditure, makes a law under that paragraph that authorizes the making of that expenditure; or
(b) in the case where a law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the first nation is satisfied that the making of that expenditure constitutes an urgent measure and the first nation, as soon as feasible after making the expenditure, amends that law to authorize the making of that expenditure.
186. (1) Subsection 14(1) of the Act is replaced by the following:
Marginal note:Local revenues
14. (1) Local revenues of a first nation shall be reported on and accounted for separately from other moneys of the first nation in compliance with the standards established under paragraph 55(1)(d).
Marginal note:Audited reports
(1.1) For the purposes of subsection (1), the first nation shall prepare a financial report on its local revenues that shall be audited at least once each year. However, if it is authorised by a standard established under paragraph 55(1)(d), the first nation may instead report on its local revenues in its audited annual financial statements as a distinct segment of the activities that appear in the statements.
(2) The portion of subsection 14(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Access to report
(2) The audited financial report or the audited annual financial statements, as the case may be, shall be made available to
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