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Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

Assented to 2022-06-23

PART 5Various Measures (continued)

DIVISION 12Prohibition on the Purchase of Residential Property by Non-Canadians Act (continued)

Repeal

Marginal note:Repeal

 The Prohibition on the Purchase of Residential Property by Non-Canadians Act is repealed.

Coming into Force

Marginal note:Coming into force

  •  (1) Section 235 comes into force on January 1, 2023.

  • Marginal note:Second anniversary

    (2) Section 236 comes into force on the second anniversary of the day on which section 235 comes into force.

DIVISION 13R.S., c. P-1Parliament of Canada Act

Amendments to the Act

 Subsection 19.1(3) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Composition of Committee

    (3) The Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, or his or her nominee, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

 Section 20.1 of the Act is replaced by the following:

Marginal note:Appointment

20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and after approval of the appointment by resolution of the Senate.

 The Act is amended by adding the following after section 62.3:

Additional Annual Allowances of Senators Beginning on July 1, 2022

Marginal note:Additional annual allowances — senators

  • 62.4 (1) Despite section 62.3, beginning on July 1, 2022 there shall be paid to the following senators the following additional annual allowances:

    • (a) the senator occupying the position of Leader of the Government in the Senate or Government Representative in the Senate, unless he or she is in receipt of a salary under the Salaries Act, $90,500;

    • (b) the senator occupying the position of Leader of the Opposition in the Senate, $42,800;

    • (c) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $42,800;

    • (d) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the second greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

    • (e) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the third greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

    • (f) the senator occupying the position of Deputy Leader of the Government in the Senate or Legislative Deputy to the Government Representative in the Senate, $42,800;

    • (g) the senator occupying the position of Deputy Leader of the Opposition in the Senate, $27,000;

    • (h) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (c), $27,000;

    • (i) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (d), $13,400;

    • (j) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (e), $13,400;

    • (k) the senator occupying the position of Government Whip in the Senate or Government Liaison in the Senate, $12,900;

    • (l) the senator occupying the position of Opposition Whip in the Senate, $7,400;

    • (m) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $7,400;

    • (n) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $3,700;

    • (o) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $3,700;

    • (p) the senator occupying the position of Chair of the Caucus of the Government in the Senate, $7,400;

    • (q) the senator occupying the position of Chair of the Caucus of the Opposition in the Senate, $6,400;

    • (r) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $3,200;

    • (s) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $1,500;

    • (t) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $1,500;

    • (u) the senator occupying the position of Deputy Government Whip in the Senate or Deputy Government Liaison in the Senate, $6,400; and

    • (v) the senator occupying the position of Deputy Opposition Whip in the Senate, $3,200.

  • Marginal note:Subsequent fiscal years

    (2) Despite section 62.3, the additional annual allowance that shall be paid for each fiscal year after March 31, 2023 to a senator referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.

 Sections 67 and 67.1 of the Act are replaced by the following:

Marginal note:Rounding of amounts

67 The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.

Marginal note:Index

67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2), 62.3(2) and (4) and 62.4(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

 The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Entitlement

  • 71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act, on the date of resignation, if at the time of their resignation, the member

 Paragraph 79.1(1)(a) of the Act is replaced by the following:

  • (a) the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate; and

R.S., c. M-5Consequential Amendment to the Members of Parliament Retiring Allowances Act

 The definition annual allowance in subsection 2(1) of the Members of Parliament Retiring Allowances Act is replaced by the following:

annual allowance

annual allowance means an annual allowance payable to a member under section 62, 62.3 or 62.4 of the Parliament of Canada Act or payable to a member under an appropriation Act as Deputy Chair or Assistant Deputy Chair of a committee. (indemnité annuelle)

Related Amendments

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

 Subsection 54(1) of the Access to Information Act is replaced by the following:

Marginal note:Appointment

  • 54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. A-17Auditor General Act

 Subsection 3(1) of the Auditor General Act is replaced by the following:

Marginal note:Appointment

  • 3 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

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

 Subsection 53(1) of the Privacy Act is replaced by the following:

Marginal note:Appointment

  • 53 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. 22 (4th Supp.)Emergencies Act

 Subsection 62(2) of the Emergencies Act is replaced by the following:

  • Marginal note:Membership

    (2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of 12 or more persons in that House and at least the Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator who is referred to in any of paragraphs 62.4(1)(c) to (e) of the Parliament of Canada Act, or his or her nominee.

R.S., c. 31 (4th Supp.)Official Languages Act

 Subsection 49(1) of the Official Languages Act is replaced by the following:

Marginal note:Appointment

  • 49 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. 44 (4th Supp.); 2006, c. 9, s. 66Lobbying Act

 Subsection 4.1(1) of the Lobbying Act is replaced by the following:

Marginal note:Commissioner of Lobbying

  • 4.1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2005, c. 46Public Servants Disclosure Protection Act

 Subsection 39(1) of the Public Servants Disclosure Protection Act is replaced by the following:

Marginal note:Appointment

  • 39 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2017, c. 15National Security and Intelligence Committee of Parliamentarians Act

 Subsection 5(2) of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following:

  • Marginal note:Consultation

    (2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate.

2019, c. 13, s. 2National Security and Intelligence Review Agency Act

 Paragraphs 4(2)(a) and (b) of the National Security and Intelligence Review Agency Act are replaced by the following:

  • (a) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate;

  • (b) the Leader or Facilitator of every recognized party or parliamentary group in the Senate;

Coming into Force

Marginal note:Order in council

 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 14R.S., c. F-11Financial Administration Act

 Section 7 of the Financial Administration Act is amended by adding the following after subsection (3):

  • Marginal note:Services to departments, Crown corporations and other entities

    (4) The Treasury Board may, in carrying out its responsibilities under subsection (1), provide services to departments and Crown corporations. With the authorization of the Governor in Council, it may also provide these services to a provincial government, a municipality in Canada, a provincial or municipal public body or any other public body performing a function of government in Canada.

  • Marginal note:Access to Information Act

    (5) For greater certainty, for the purposes of the Access to Information Act, the records of an entity to which the Treasury Board provides services under subsection (4) that are, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems are not under the control of the Treasury Board.

  • Marginal note:Privacy Act

    (6) For greater certainty, for the purposes of the Privacy Act, personal information that is collected by an entity to which the Treasury Board provides services under subsection (4) and that is, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems is not under the control of the Treasury Board.

DIVISION 15R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act

Amendments to the Act

  •  (1) Subsection 11(2) of the Competition Act is replaced by the following:

    • Marginal note:Records or information in possession of affiliate

      (2) If the person against whom an order is sought under paragraph (1)(b) or (c) in relation to an inquiry is a corporation and the judge to whom the application is made under subsection (1) is satisfied by information on oath or solemn affirmation that an affiliate of the corporation, whether the affiliate is located in Canada or outside Canada, has or is likely to have records or information relevant to the inquiry, the judge may order the corporation to

      • (a) produce the records; or

      • (b) make and deliver a written return of the information.

  • (2) Section 11 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Person outside Canada

      (5) An order may be made under subsection (1) against a person outside Canada who carries on business in Canada or sells products into Canada.

 

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