Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Coming into Force

Marginal note:Order in council — July 15, 2019

337.1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.

SUBDIVISION CTransitional Provisions, Consequential Amendments, Coordinating Amendments and Repeal

Transitional Provisions

Indigenous Services

Marginal note:Minister

• 338 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act, as enacted by section 336.

• Marginal note:Deputy Minister

  (2) Any person who holds, immediately before the day on which this section comes into force, the office of Special Adviser to the Minister of Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act, as enacted by section 336, as the Deputy Minister of Indigenous Services.

• Marginal note:Persons who occupy a position

  (3) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services.

Marginal note:Transfer of appropriations

339 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services.

Marginal note:Validation of acts and decisions

340 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act, as enacted by that section 336, or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be.

Crown-Indigenous Relations and Northern Affairs

Marginal note:Minister of Crown-Indigenous Relations

• 341 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in section 4 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337.

• Marginal note:Minister of Northern Affairs

  (2) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State to assist the Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in subsection 11(1) of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337.

• Marginal note:Deputy Minister

  (3) Any person who holds, immediately before the day on which this section comes into force, the office of Deputy Minister of Indian Affairs and Northern Development is deemed to have been appointed on that day under section 5 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337, as the Deputy Minister of Crown-Indigenous Relations.

• Marginal note:Persons who occupy a position

  (4) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indian Affairs and Northern Development, except that the person, as of that day, occupies or is assigned to their position in the Department of Crown-Indigenous Relations and Northern Affairs.

Marginal note:Transfer of appropriations

342 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indian Affairs and Northern Development and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated for defraying the expenditures of the public service of Canada within the Department of Crown-Indigenous Relations and Northern Affairs.

Marginal note:Validation of acts and decisions — Crown-Indigenous Relations

343 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be.

Marginal note:Validation of acts and decisions — Northern Affairs

344 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State to assist the Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be.

References and Regulations

Marginal note:References — certain agreements

• 345 (1) On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be.

• Marginal note:References — other documents

  (2) On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be.

Marginal note:Regulations

346 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.

Consequential Amendments

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

347 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Departments and Ministries of State”:

348 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:

Marginal note:SOR/2017-257, s. 1

349 Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

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

Marginal note:SOR/2017-257, s. 1

350 Schedule I to the Financial Administration Act is amended by striking out the following:

351 Schedule I to the Act is amended by adding the following in alphabetical order:

Marginal note:SOR/2017-254, s. 1

352 Schedule I.1 to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to ‘‘Minister of State styled Minister of Indigenous Services’’.

Marginal note:SOR/2017-255, s. 1

353 Schedule IV to the Act is amended by striking out the following:

Marginal note:2006, c. 9, s. 270

354 Part I of Schedule VI to the Act is amended by striking out the following:

355 Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:

Marginal note:SOR/2017-256, s. 1

356 Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to ‘‘Deputy Minister’’.

R.S., c. I-5Indian Act

357 Section 3 of the Indian Act is replaced by the following:

358 Paragraph 108(c) of the Act is replaced by the following:

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

359 The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”:

360 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:

Marginal note:SOR/2017-258, s. 1

361 The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:

R.S., c. S-3Salaries Act

Marginal note:2005, c. 16, s. 13

• 362 (1) Paragraph 4.1(3)(l) of the Salaries Act is repealed.

• (2) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (z.22):

  • (z.23) the Minister of Crown-Indigenous Relations;

  • (z.24) the Minister of Northern Affairs;

  • (z.25) the Minister of Indigenous Services;

R.S., c. W-4Dominion Water Power Act

363 The definition Minister in section 2 of the Dominion Water Power Act is replaced by the following:

1991, c. 30Public Sector Compensation Act

364 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”:

365 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments”:

1994, c. 35Yukon First Nations Self-Government Act

• 366 (1) The portion of subsection 32(1) of the Yukon First Nations Self-Government Act before paragraph (a) is replaced by the following:

  Marginal note:Property of minors and mental incompetents

  • 32 (1) Notwithstanding subsection 17(1), the Minister of Indigenous Services may continue to exercise any authority under the Indian Act that the Minister of Indigenous Services has, immediately before a first nation’s self-government agreement is brought into effect, in relation to the administration of the property of

• (2) Subsection 32(2) of the Act is replaced by the following:

  • Marginal note:Transfer to trustee

    (2) The property of a person referred to in subsection (1), including moneys held in the Consolidated Revenue Fund, may be transferred in trust for that person or that person’s estate on terms agreed to by the Minister of Indigenous Services and the first nation.

1991, c. 50; 2001, c. 4, s. 10Federal Real Property and Federal Immovables Act

Marginal note:2014, c. 2, s. 42

367 Subsection 17(2) of the Federal Real Property and Federal Immovables Act is replaced by the following: