Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

Marginal note:Definitions

• 20.1 (1) The following definitions apply in this section and in section 20.2:

  harmonize

  harmonize means, with respect to requirements, to make them correspond substantively. (harmoniser)

  jurisdiction

  jurisdiction means 

  • (a) the government of a province;

  • (b) any agency or body that is established under an Act of the legislature of a province;

  • (c) a government or court of a foreign state or of a subdivision of a foreign state, or any agency, body or institution of such a government; and

  • (d) an international organization of states or any agency, body, court or institution of such an organization. (instance)

  requirement

  requirement means energy efficiency standards, testing or information that must be provided by a dealer under section 5. (exigence)

• Marginal note:Ministerial regulations

  (2) The Minister may, by regulation — with respect to energy-using products or classes of energy-using products that are specified in regulations made by the Governor in Council under paragraph 25(c) — amend regulations made under paragraph 20(1)(b) or (d) or 25(b) for the purpose of maintaining harmonization between a requirement set out in those regulations and that of a jurisdiction.

• Marginal note:Restrictions

  (3) In exercising the power under subsection (2), the Minister may

  • (a) update an erroneous reference to a document incorporated by reference, as it is amended from time to time;

  • (b) modify an energy efficiency standard for energy-using products or classes of energy-using products;

  • (c) provide for modified or alternative testing of energy-using products to determine their energy efficiency; and

  • (d) prescribe information respecting energy-using products, including their energy efficiency, that must be provided by a dealer under section 5.

Marginal note:Definition of technical standards document

• 20.2 (1) In this section, technical standards document means a document that is published in both official languages by the Minister and that adapts, combines or reproduces, in whole or in part, documents that are produced by jurisdictions, standards development organizations or industry associations and that, for energy-using products or classes of energy-using products, set out requirements or guidance related to those requirements. The adaptations may include modifications to the content of the originating document.

• Marginal note:Incorporation of technical standards document

  (2) Regulations made under paragraphs 20(1)(b) or (d) or 25(b) may, for the purpose of harmonizing the requirements set out in those regulations with those of a jurisdiction to which those regulations or a technical standards documents refers, incorporate by reference, in whole or in part, a technical standards document, as it is amended from time to time.

Implementation of Canadian Free Trade Agreement

Marginal note:Directive

89.3 Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, that pertains to that Crown corporation.

Marginal note:Person who may complain

• 22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 521 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.

• (a) the contract, the award of which is the subject of the complaint, is not covered by any of the exceptions in the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, including those made under articles 800, 801, 802, 809 and 1205.1 of that Agreement, and is one to which that Agreement would apply if its value, as determined under article 505 of that Agreement, were not less than the amount set out in article 504 of that Agreement;

judge

judge includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge and regional senior judge; (juge)

• (c) the Chief Justice and the two Associate Chief Justices of the Court of Queen’s Bench, $344,400 each; and