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 4Compassionate Care Leave and Benefits
1996, c. 23Employment Insurance Act
78. (1) Paragraph 152.14(1)(d) of the Act is replaced by the following:
(d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26; and
(2) Subsection 152.14(5) of the Act is replaced by the following:
Marginal note:Maximum — compassionate care benefits
(5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).
Transitional Provisions
Marginal note:Compassionate care benefits
79. (1) If a period referred to in subsection 23.1(4) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a claimant — as defined in subsection 2(1) of that Act — before that day but has not ended, then sections 12 and 23.1 of that Act, as they read on that day, apply to that claimant beginning on that day.
Marginal note:Compassionate care benefits — self-employed persons
(2) If a period referred to in subsection 152.06(3) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a self-employed person — as defined in subsection 152.01(1) of that Act — before that day but has not ended, then sections 152.06 and 152.14 of that Act, as they read on that day, apply to that person beginning on that day.
Coming into Force
Marginal note:January 3, 2016
80. This Division comes into force on January 3, 2016.
Division 5R.S., c. C-42Copyright Act
81. (1) Paragraph 23(1)(b) of the Copyright Act is replaced by the following:
(b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.
(2) Subsection 23(1.1) of the Act is replaced by the following:
Marginal note:Term of copyright — sound recording
(1.1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.
Marginal note:No revival of copyright
82. Paragraph 23(1)(b) and subsection 23(1.1) of the Copyright Act, as enacted by section 81, do not have the effect of reviving the copyright, or a right to remuneration, in a sound recording or performer’s performance fixed in a sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions.
Division 6R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act
Amendments to the Act
83. The long title of the Export Development Act is replaced by the following:
84. (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Purposes
10. (1) The Corporation is established for the purposes of
(2) Paragraph 10(1)(b) of the Act is replaced by the following:
(b) supporting and developing, directly or indirectly, Canada’s export trade and Canadian capacity to engage in that trade and to respond to international business opportunities; and
(c) providing, directly or indirectly, development financing and other forms of development support in a manner that is consistent with Canada’s international development priorities.
85. The Act is amended by adding the following after section 25:
Marginal note:Minister for International Development
26. Before the Minister takes an action under this Act or Part X of the Financial Administration Act that is aimed at the Corporation’s carrying out its purpose under paragraph 10(1)(c), the Minister shall consult the Minister for International Development.
Coming into Force
Marginal note:Order in council
86. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 7R.S., c. L-2Canada Labour Code
Amendments to the Act
87. Section 123 of the Canada Labour Code is amended by adding the following after subsection (2):
Marginal note:Application to other persons
(3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.
88. The definition “industrial establishment” in section 166 of the Act is replaced by the following:
“industrial establishment”
« établissement »
“industrial establishment” means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b);
89. Section 167 of the Act is amended by adding the following after subsection (1):
Marginal note:Application to other persons
(1.1) Subject to subsection (1.2), this Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.
Marginal note:Exception
(1.2) Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to that person, the employer, if
(a) the person performs the activities to fulfil the requirements of a program offered by a secondary or post-secondary educational institution or a vocational school, or an equivalent educational institution outside Canada, described in the regulations; or
(b) the following conditions are met:
(i) subject to the regulations, the person performs the activities
(A) over a period of not more than four consecutive months that begins on the day on which they first perform them, or
(B) for not more than the prescribed number of hours over a period of more than four consecutive months but not more than 12 consecutive months that begins on the day on which they first perform them,
(ii) benefits derived from the activities accrue primarily to the person performing them,
(iii) the employer supervises the person and the activities that they perform,
(iv) the performance of the activities is not a prerequisite to the person being offered employment by the employer and the employer is not obliged to offer employment to the person,
(v) the person does not replace any employee, and
(vi) before the person performs any of the activities, the employer informs them in writing that they will not be remunerated.
90. Subsection 252(2) of the Act is replaced by the following:
Marginal note:Records to be kept
(2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by an inspector.
91. (1) Paragraph 256(1)(a) of the Act is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
(2) Paragraph 256(3)(a) of the Act is replaced by the following:
(a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or
92. (1) Section 264 of the Act is amended by adding the following after paragraph (a):
(a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;
(a.2) respecting the information that an employer must provide to the Minister for the purpose of establishing that the performance of activities referred to in paragraph 167(1.2)(a) fulfils the requirements of a program referred to in that paragraph, and the circumstances in which an employer must provide it;
(a.3) specifying the circumstances in which a person who performs activities referred to in paragraph 167(1.2)(a) must provide to an employer the information referred to in paragraph (a.2);
(a.4) for the purpose of paragraph 167(1.2)(a), specifying or describing secondary or post-secondary educational institutions or vocational schools, or equivalent educational institutions outside Canada;
(a.5) for the purpose of clause 167(1.2)(b)(i)(B), prescribing a number of hours that is not less than 640 hours and not more than 768 hours;
(a.6) providing that a person in respect of whom the conditions set out in paragraph 167(1.2)(b) have previously been met does not meet the condition set out in clause 167(1.2)(b)(i)(A) or (B), as the case may be, in respect of activities performed for the same employer if they perform them before the expiry of the period specified by regulation;
(a.7) for the purpose of subparagraph 167(1.2)(b)(ii), respecting the circumstances in which the benefit derived from activities is considered to accrue primarily to the person performing them;
(a.8) for the purpose of subparagraph 167(1.2)(b)(iii), respecting what constitutes supervision;
(a.9) respecting any measures that must be taken by an employer for the purpose of ensuring or establishing that the conditions set out in paragraph 167(1.2)(b) are or have been met, the information that the employer must provide to the Minister for the purpose of establishing that the measures have been taken, and the circumstances in which it must be provided;
(2) Section 264 of the Act is amended by adding the following after paragraph (i):
(i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;
(3) Section 264 of the Act is renumbered as subsection 264(1) and is amended by adding the following:
Marginal note:Incorporation of documents
(2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.
Coming into Force
Marginal note:Order in council
93. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.
Division 8R.S., c. M-5Members of Parliament Retiring Allowances Act
94. Subsections 2.7(2) and (3) of the Members of Parliament Retiring Allowances Act are replaced by the following:
Marginal note:No distinguishing based on House membership
(2) The Chief Actuary shall not distinguish between members of the Senate and members of the House of Commons when fixing contribution rates for the purpose of any provision of this Act.
95. Section 2.8 of the Act is replaced by the following:
Marginal note:Objective
2.8 In fixing contribution rates, the Chief Actuary’s objective is to ensure that, as of January 1, 2017, the total amount of contributions to be paid by members under Parts I and II will meet 50% of the current service cost in respect of the benefits payable under Parts I, II and IV.
96. Subsection 31.2(3) of the Act is replaced by the following:
Marginal note:Different rates
(3) The Chief Actuary shall fix rates for the purposes of paragraph (1)(a) that are different for members who are required to contribute under subsection 12(2.1) than those for other members, and rates for the purposes of subsection (2) that are different for members who would be required to contribute under subsection 12(2.1) if they were under 71 years of age than those for other members.
Division 9R.S., c. N-7National Energy Board Act
97. (1) Paragraph 119.01(1)(b) of the National Energy Board Act is replaced by the following:
(b) the duration of licences, the approval required in respect of the issue of licences, the quantities that may be exported or imported under licences and any other terms and conditions to which licences may be subject;
(2) Section 119.01 of the Act is amended by adding the following after subsection (1):
Marginal note:Maximum duration
(1.1) The duration referred to in paragraph (1)(b) begins on a date to be fixed in the licence and must not exceed
(a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and
(b) 25 years, in any other case.
Division 10R.S., c. P-1Parliament of Canada Act
Amendments to the Act
98. The Parliament of Canada Act is amended by adding the following after section 79.5:
Parliamentary Protective Service
Interpretation
Marginal note:Definitions
79.51 The following definitions apply in this section and in sections 79.52 to 79.59.
“parliamentary precinct”
« Cité parlementaire »
“parliamentary precinct” means the premises or any part of the premises, other than the constituency offices of members of Parliament, that are used by the following entities or individuals or their officers or staff, and that are designated in writing by the Speaker of the Senate or the Speaker of the House of Commons:
(a) the Senate, House of Commons, Library of Parliament or Parliamentary committees;
(b) members of the Senate or the House of Commons who are carrying out their parliamentary functions;
(c) the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner; or
(d) the Service.
“Parliament Hill”
« Colline parlementaire »
“Parliament Hill” means the grounds in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street.
“Service”
« Service »
“Service” means the office to be called the Parliamentary Protective Service that is established by subsection 79.52(1).
Establishment and Mandate
Marginal note:Establishment
79.52 (1) There is established an office to be called the Parliamentary Protective Service.
Marginal note:Speakers responsible
(2) The Speaker of the Senate and the Speaker of the House of Commons are, as the custodians of the powers, privileges, rights and immunities of their respective Houses and of the members of those Houses, responsible for the Service.
Marginal note:Mandate
79.53 (1) The Service is responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill.
Marginal note:Capacity
(2) In carrying out its mandate, the Service has the capacity of a natural person and the rights, powers and privileges of a natural person.
Marginal note:Financial and administrative matters
(3) Despite sections 19.3 and 52.3, the Service shall act on all financial and administrative matters with respect to the Service and its staff.
Director of Service
Marginal note:Director
79.54 (1) There shall be a Director of the Parliamentary Protective Service who is to be selected in accordance with the terms of the arrangement entered into under section 79.55.
Marginal note:Integrated security operations
(2) The Director shall lead the integrated security operations throughout the parliamentary precinct and Parliament Hill under the joint general policy direction of the Speaker of the Senate and the Speaker of the House of Commons.
Marginal note:Control and management of Service
(3) The Director has the control and management of the Service.
Arrangement for Physical Security Services
Marginal note:Arrangement
79.55 (1) The Speaker of the Senate and the Speaker of the House of Commons, being responsible for the Service, and the Minister of Public Safety and Emergency Preparedness shall enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout the parliamentary precinct and Parliament Hill.
Marginal note:RCMP to provide services
(2) The Royal Canadian Mounted Police shall provide the physical security services in accordance with the terms of the arrangement.
Marginal note:Selection process for Director
79.56 (1) The arrangement entered into under section 79.55 shall provide for a process for selecting a person to act as the Director of the Parliamentary Protective Service. It shall also provide for a person — identified by name or position — to act as the Director on an interim basis if the Director is absent or incapacitated or if the office of Director is vacant, and set out the maximum period that the person may act as the Director on an interim basis.
Marginal note:Member of RCMP
(2) The Director, or the person acting as the Director on an interim basis, must be a member as that term is defined in subsection 2(1) of the Royal Canadian Mounted Police Act.
Estimates
Marginal note:Estimates to be prepared and transmitted
79.57 Before each fiscal year, the Speaker of the Senate and the Speaker of the House of Commons shall cause to be prepared an estimate of the sums that will be required to pay the expenditures of the Service during the fiscal year and shall transmit the estimate to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.
Powers, Privileges, Rights and Immunities
Marginal note:For greater certainty
79.58 For greater certainty, nothing in sections 79.51 to 79.57 shall be construed as limiting in any way the powers, privileges, rights and immunities of the Senate and the House of Commons and their members.
General
Marginal note:Statutory Instruments Act
79.59 For greater certainty, the designation referred to in the definition “parliamentary precinct” in section 79.51 is not a statutory instrument for the purposes of the Statutory Instruments Act.
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