An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures
Economic Action Plan 2013 Act, No. 1
E-0.6332013
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Economic Action Plan 2013 Act, No. 1.
PART 1
Amendments to the Income Tax Act, the Tax Court of Canada Act and the Income Tax Regulations
Income Tax Act
2
[Amendment]
3
[Amendment]
4
[Amendment]
5
[Amendment]
6
[Amendment]
7
[Amendments]
8
[Amendment]
9
[Amendment]
10
[Amendments]
11
[Amendment]
12
[Amendment]
13
[Amendment]
14
[Amendments]
15
[Amendment]
16
[Amendments]
17
[Amendment]
18
[Amendment]
19
[Amendment]
20
[Amendment]
21
[Amendments]
Tax Court of Canada Act
22
[Amendment]
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendments]
27
[Amendment]
28
[Amendment]
29
[Amendment]
30
[Amendment]
31
[Amendment]
Income Tax Regulations
32
[Amendment]
33
[Amendment]
34
[Amendment]
35
[Amendment]
36
[Amendment]
37
[Amendment]
38
[Amendment]
39
[Amendment]
40
[Amendment]
Coordinating Amendments
41
[Amendments]
PART 2
Measures Relating to Sales and Excise Taxes and Excise Duties
Excise Tax Act
42
[Amendments]
43
[Amendment]
44
[Amendments]
45
[Amendment]
46
[Amendments]
47
[Amendments]
48
[Amendment]
49
[Amendments]
50
[Amendments]
51
[Amendment]
52
[Amendment]
Excise Act, 2001
Amendments to the Act
53
[Amendments]
54
[Amendments]
55
[Amendment]
56
[Amendments]
57
[Amendment]
58
[Amendment]
59
[Amendment]
60
[Amendment]
Application
61
[Related Provision]
PART 3
Various Measures
DIVISION 1
Customs Tariff
Amendments to the Act
62
[Amendment]
63
[Amendment]
64
[Amendment]
65
[Amendment]
66
[Amendment]
67
[Amendment]
68
[Amendment]
69
[Amendment]
70
[Amendment]
71
[Amendment]
72
[Amendment]
73
[Amendment]
74
[Amendment]
75
[Amendment]
76
[Amendment]
77
[Amendment]
78
[Amendment]
79
[Amendment]
80
[Amendment]
81
[Amendment]
82
[Amendment]
83
[Amendment]
84
[Amendment]
85
[Amendment]
86
[Amendment]
87
[Amendment]
88
[Amendment]
89
[Amendment]
90
[Amendment]
91
[Amendment]
92
[Amendment]
93
[Amendment]
94
[Amendment]
95
[Amendment]
96
[Amendment]
97
[Amendment]
98
[Amendment]
99
[Amendment]
100
[Amendment]
101
[Amendment]
102
[Amendment]
Coming into Force
April 1, 2013
103
Sections 64 to 102 are deemed to have come into force on April 1, 2013.
DIVISION 2
Financial Institutions
Trust and Loan Companies Act
104
[Amendments]
Bank Act
105
[Amendments]
106
[Amendments]
Insurance Companies Act
107
[Amendments]
108
[Amendments]
Cooperative Credit Associations Act
109
[Amendments]
DIVISION 3
Federal-Provincial Fiscal Arrangements Act
110
[Amendment]
111
[Amendment]
112
[Amendments]
113
[Amendment]
114
[Amendment]
115
[Amendments]
116
[Amendment]
117
[Amendments]
118
[Amendment]
119
[Amendments]
120
[Amendments]
121
[Amendment]
122
[Amendments]
123
[Amendments]
124
[Amendment]
125
[Amendment]
DIVISION 4
Payments to Certain Entities or for Certain Purposes
Canadian Youth Business Foundation
Maximum payment of $18,000,000
126
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $18,000,000 to the Canadian Youth Business Foundation for its use.
Genome Canada
Maximum payment of $165,000,000
127
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $165,000,000 to Genome Canada for its use.
Nature Conservancy of Canada
Maximum payment of $20,000,000
128
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding $20,000,000 to the Nature Conservancy of Canada for its use.
Nunavut Housing
Maximum payment of $30,000,000
129
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding $30,000,000 to the Canada Mortgage and Housing Corporation to provide funding to Nunavut for housing.
Indspire
Maximum payment of $5,000,000
130
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, a sum not exceeding $5,000,000 to Indspire to provide post-secondary scholarships and bursaries for students who are registered as Indians under the Indian Act and for Inuit students.
Pallium Foundation of Canada
Maximum payment of $3,000,000
131
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding $3,000,000 to the Pallium Foundation of Canada to support training in palliative care to front-line health care providers.
Canadian National Institute for the Blind
Maximum payment of $3,000,000
132
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, to the Canadian National Institute for the Blind a sum not exceeding $3,000,000 for a national digital hub to improve library services for persons with a print disability.
DIVISION 5
Canadian Securities Regulation Regime Transition Office Act
Amendment to the Act
133
[Amendment]
Repeal
134
[Repeal]
Coming into Force
Royal assent or July 11, 2013
*135
This Division comes into force or is deemed to have come into force on the earlier of the day on which this Act receives royal assent and July 11, 2013.
*
[Note: Division 5 in force on assent June 26, 2013.]
DIVISION 6
Investment Canada Act
Amendments to the Act
136
[Amendments]
137
[Amendments]
138
[Amendment]
139
[Amendment]
140
[Amendment]
141
[Amendments]
142
(1)
[Amendment]
(2)
[Repealed, 2014, c. 39, s. 189]
143
[Amendments]
144
[Amendments]
145
[Amendments]
Related Amendments to the Budget Implementation Act, 2009
146
[Amendment]
147
[Amendment]
148
[Amendment]
Transitional Provisions
149
[Transitional Provision]
150
[Transitional Provision]
151
[Transitional Provision]
152
[Transitional Provision]
153
[Transitional Provision]
Coming into Force
Order in council
*154
The provisions of this Division, except sections 136, 143 to 145, 149 and 151 to 153, come into force on a day or days to be fixed by order of the Governor in Council.
*
[Note: Sections 138 to 141 and subsection 142(1) in force March 13, 2015, see SI/2015-21; sections 137, 146 to 148 and 150 in force April 24, 2015, see SI/2015-20.]
DIVISION 7
Canada Pension Plan
155
[Amendment]
DIVISION 8
Improving Veterans’ Benefits
Pension Act
156
[Amendment]
War Veterans Allowance Act
157
[Amendment]
158
[Amendment]
Transitional Provision
159
[Transitional Provision]
Coming into Force
Order in council
*160
This Division comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Division 8 in force October 1, 2013, see SI/2013-103.]
DIVISION 9
Immigration and Refugee Protection
Immigration and Refugee Protection Act
161
[Amendment]
162
[Amendments]
163
[Amendment]
164
[Amendment]
165
[Amendment]
166
[Amendment]
No Appeal to the Refugee Appeal Division
167
[Transitional Provision]
168
[Transitional Provision]
Coming into Force
Order in council
*169
Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Subsection 162(2) in force February 6, 2014, see SI/2014-7.]
DIVISION 10
Citizenship Act
Amendments to the Act
170
[Amendment]
171
[Amendment]
Coming into Force
Order in council
*172
The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.
*
[Note: The provisions of Division 10 in force February 6, 2014, see SI/2014-8.]
DIVISION 11
Nuclear Safety and Control Act
173
[Amendment]
DIVISION 12
Department of Foreign Affairs, Trade and Development Act
Enactment of Act
Enactment
174
The Department of Foreign Affairs, Trade and Development Act is enacted as follows:
[See Department of Foreign Affairs, Trade and Development Act]
Consequential Amendments
Access to Information Act
175
[Amendment]
176
[Amendment]
177
[Amendment]
Financial Administration Act
178
[Amendment]
179
[Amendment]
180
[Amendment]
181
[Amendment]
182
[Amendment]
183
[Amendment]
184
[Amendment]
Privacy Act
185
[Amendment]
186
[Amendment]
187
[Amendment]
Public Sector Compensation Act
188
[Amendment]
189
[Amendment]
190
[Amendment]
Federal Real Property and Federal Immovables Act
191
[Amendment]
Conflict of Interest Act
192
[Amendment]
Official Development Assistance Accountability Act
193
[Amendment]
Federal Sustainable Development Act
194
[Amendment]
Terminology
195
(1)
[Amendment]
Other references to Department of Foreign Affairs and International Trade
(2)
Unless the context requires otherwise, every reference to the Department of Foreign Affairs and International Trade in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.
196
(1)
[Amendment]
Other references to Minister for International Cooperation and Minister of International Cooperation
(2)
Unless the context requires otherwise, every reference to the Minister for International Cooperation or the Minister of International Cooperation in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister for International Development.
References to Canadian International Development Agency
197
Unless the context requires otherwise, every reference to the Canadian International Development Agency in any provision of an Act of Parliament is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.
198
[Amendment]
Repeal
199
[Repeal]
DIVISION 13
Ridley Terminals Inc.
Reorganization and Divestiture
Definitions
200
(1)
The following definitions apply in this Division.
assets includes
(a)
in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and
(b)
incorporeal property. (actifs)
Minister means the Minister of Transport. (ministre)
security means
(a)
in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and
(b)
in relation to any other entity, any ownership interest in or debt obligation of the entity, and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity. (titre)
Interpretation
(2)
In this Division, corporation, share and wholly-owned subsidiary have the same meaning as in subsection 83(1) of the Financial Administration Act.
Interpretation
(3)
Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act.
Inconsistency
(4)
In the event of any inconsistency between this Division and the Canada Business Corporations Act or anything issued, made or established under that Act, this Division prevails to the extent of the inconsistency.
Operation of Competition Act
(5)
Nothing in, or done under the authority of, this Division affects the operation of the Competition Act in respect of the acquisition of any interest or right in an entity.
Section 53.1 of Canada Transportation Act
(6)
Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division.
Purpose
201
The purpose of this Division is to authorize measures for the reorganization and divestiture of all or any part of Ridley Terminals Inc.’s business, which will allow the Government of Canada to pursue its objective of obtaining the best value for the business from a buyer who will operate the business on a long-term and sustainable basis and with open access to its services.
Authority to sell shares, etc.
202
The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.;
(b)
procure an addition to, or other material change in, the objects or purposes for which Ridley Terminals Inc. is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles;
(c)
procure the amalgamation of Ridley Terminals Inc.; and
(d)
procure the dissolution of Ridley Terminals Inc.
Authority with respect to entities
203
(1)
The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation;
(b)
procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity;
(c)
acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and
(d)
acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity.
Part X of Financial Administration Act
(2)
The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(a).
Additional powers
204
The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under section 202 or subsection 203(1).
Authority
205
(1)
Ridley Terminals Inc., any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
sell or otherwise dispose of some or all of its assets;
(b)
sell or otherwise dispose of some or all of its liabilities;
(c)
issue securities and sell or otherwise dispose of some or all of those securities;
(d)
reorganize its capital structure;
(e)
acquire assets of a corporation or of any other entity;
(f)
procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents;
(g)
procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it;
(h)
procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it;
(i)
acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it;
(j)
sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it;
(k)
procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;
(l)
procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and
(m)
do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l).
Additional powers
(2)
The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) to take, or cause any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity to take, a measure referred to in subsection (1).
Limitation
(3)
The Governor in Council is not authorized to issue a directive to Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b)
(a)
after some or all of its securities are sold or otherwise disposed of; or
(b)
with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after some or all of the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of.
Compliance with directive
(4)
The directors of Ridley Terminals Inc. or of the corporation, or persons acting in a similar capacity with respect to the other entity, must comply with a directive issued by the Governor in Council. Compliance with that issued directive is in the best interests of Ridley Terminals Inc., the corporation or the other entity, as the case may be.
Notification of implementation
(5)
As soon as feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, Ridley Terminals Inc., the corporation or the other entity, as the case may be, must notify the Minister that it has done so.
Non-application of Statutory Instruments Act
206
The Statutory Instruments Act does not apply to a directive.
Tabling in Parliament
207
(1)
The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.
Exception — detrimental information
(2)
However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to the commercial interests of Canada, of Ridley Terminals Inc., of any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or of a wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.
Consultation
(3)
Before forming his or her opinion on whether publishing information contained in the directive would be detrimental, the Minister must consult the board of directors of Ridley Terminals Inc. or of the corporation, or the person or group of persons acting in a similar capacity with respect to the other entity.
No liability
208
No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in relation to Ridley Terminals Inc. that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise of their powers or the performance of their duties or functions, under this Division.
Application of money from disposition
209
The money from a sale or other disposition made under paragraph 202(a), subsection 203(1) or paragraph 205(1)(a), (b), (c) or (j), minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act and is to be paid to the Receiver General.
Financial Administration Act
210
Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 202 to 205.
Consequential Amendment to the Canada Marine Act
211
[Amendment]
Coming into Force
Order in council
*212
Section 211 comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Section 211 in force June 10, 2020, see SI/2020-43.]
DIVISION 14
Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage
National Capital Act
213
[Amendments]
Department of Canadian Heritage Act
214
[Amendment]
215
[Amendment]
Transitional Provisions
216
[Transitional Provision]
217
[Transitional Provision]
218
[Transitional Provision]
219
[Transitional Provision]
220
[Transitional Provision]
Consequential Amendments to the National Holocaust Monument Act
221
[Amendment]
222
[Amendment]
223
[Amendment]
Coming into Force
End of third month after royal assent
*224
This Division comes into force on the last day of the third month after the day on which this Act receives royal assent.
*
[Note: Divison 14 in force September 30, 2013.]
DIVISION 15
Parliamentary Secretaries and Ministers
Parliament of Canada Act
225
[Amendment]
Salaries Act
226
[Amendments]
DIVISION 16
Department of Public Works and Government Services Act
227
[Amendments]
DIVISION 17
Financial Administration Act
Amendments to the Act
228
[Amendments]
229
[Amendment]
Consequential Amendments
Canadian Race Relations Foundation Act
230
[Amendment]
Public Sector Pension Investment Board Act
231
[Amendment]
Coming into Force
Order in council
*232
Subsection 228(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
*
[Note: Subsection 228(2) not in force.]
DIVISION 18
Keeping Canada’s Economy and Jobs Growing Act
233
[Amendment]
SCHEDULE
(Section 102)
[Amendment]
Economic Action Plan 2013 Act, No. 1
E-0.6332013
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Economic Action Plan 2013 Act, No. 1.
PART 1
Amendments to the Income Tax Act, the Tax Court of Canada Act and the Income Tax Regulations
Income Tax Act
2
[Amendment]
3
[Amendment]
4
[Amendment]
5
[Amendment]
6
[Amendment]
7
[Amendments]
8
[Amendment]
9
[Amendment]
10
[Amendments]
11
[Amendment]
12
[Amendment]
13
[Amendment]
14
[Amendments]
15
[Amendment]
16
[Amendments]
17
[Amendment]
18
[Amendment]
19
[Amendment]
20
[Amendment]
21
[Amendments]
Tax Court of Canada Act
22
[Amendment]
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendments]
27
[Amendment]
28
[Amendment]
29
[Amendment]
30
[Amendment]
31
[Amendment]
Income Tax Regulations
32
[Amendment]
33
[Amendment]
34
[Amendment]
35
[Amendment]
36
[Amendment]
37
[Amendment]
38
[Amendment]
39
[Amendment]
40
[Amendment]
Coordinating Amendments
41
[Amendments]
PART 2
Measures Relating to Sales and Excise Taxes and Excise Duties
Excise Tax Act
42
[Amendments]
43
[Amendment]
44
[Amendments]
45
[Amendment]
46
[Amendments]
47
[Amendments]
48
[Amendment]
49
[Amendments]
50
[Amendments]
51
[Amendment]
52
[Amendment]
Excise Act, 2001
Amendments to the Act
53
[Amendments]
54
[Amendments]
55
[Amendment]
56
[Amendments]
57
[Amendment]
58
[Amendment]
59
[Amendment]
60
[Amendment]
Application
61
[Related Provision]
PART 3
Various Measures
DIVISION 1
Customs Tariff
Amendments to the Act
62
[Amendment]
63
[Amendment]
64
[Amendment]
65
[Amendment]
66
[Amendment]
67
[Amendment]
68
[Amendment]
69
[Amendment]
70
[Amendment]
71
[Amendment]
72
[Amendment]
73
[Amendment]
74
[Amendment]
75
[Amendment]
76
[Amendment]
77
[Amendment]
78
[Amendment]
79
[Amendment]
80
[Amendment]
81
[Amendment]
82
[Amendment]
83
[Amendment]
84
[Amendment]
85
[Amendment]
86
[Amendment]
87
[Amendment]
88
[Amendment]
89
[Amendment]
90
[Amendment]
91
[Amendment]
92
[Amendment]
93
[Amendment]
94
[Amendment]
95
[Amendment]
96
[Amendment]
97
[Amendment]
98
[Amendment]
99
[Amendment]
100
[Amendment]
101
[Amendment]
102
[Amendment]
Coming into Force
April 1, 2013
103
Sections 64 to 102 are deemed to have come into force on April 1, 2013.
DIVISION 2
Financial Institutions
Trust and Loan Companies Act
104
[Amendments]
Bank Act
105
[Amendments]
106
[Amendments]
Insurance Companies Act
107
[Amendments]
108
[Amendments]
Cooperative Credit Associations Act
109
[Amendments]
DIVISION 3
Federal-Provincial Fiscal Arrangements Act
110
[Amendment]
111
[Amendment]
112
[Amendments]
113
[Amendment]
114
[Amendment]
115
[Amendments]
116
[Amendment]
117
[Amendments]
118
[Amendment]
119
[Amendments]
120
[Amendments]
121
[Amendment]
122
[Amendments]
123
[Amendments]
124
[Amendment]
125
[Amendment]
DIVISION 4
Payments to Certain Entities or for Certain Purposes
Canadian Youth Business Foundation
Maximum payment of $18,000,000
126
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $18,000,000 to the Canadian Youth Business Foundation for its use.
Genome Canada
Maximum payment of $165,000,000
127
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $165,000,000 to Genome Canada for its use.
Nature Conservancy of Canada
Maximum payment of $20,000,000
128
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding $20,000,000 to the Nature Conservancy of Canada for its use.
Nunavut Housing
Maximum payment of $30,000,000
129
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding $30,000,000 to the Canada Mortgage and Housing Corporation to provide funding to Nunavut for housing.
Indspire
Maximum payment of $5,000,000
130
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, a sum not exceeding $5,000,000 to Indspire to provide post-secondary scholarships and bursaries for students who are registered as Indians under the Indian Act and for Inuit students.
Pallium Foundation of Canada
Maximum payment of $3,000,000
131
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding $3,000,000 to the Pallium Foundation of Canada to support training in palliative care to front-line health care providers.
Canadian National Institute for the Blind
Maximum payment of $3,000,000
132
There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, to the Canadian National Institute for the Blind a sum not exceeding $3,000,000 for a national digital hub to improve library services for persons with a print disability.
DIVISION 5
Canadian Securities Regulation Regime Transition Office Act
Amendment to the Act
133
[Amendment]
Repeal
134
[Repeal]
Coming into Force
Royal assent or July 11, 2013
*135
This Division comes into force or is deemed to have come into force on the earlier of the day on which this Act receives royal assent and July 11, 2013.
*
[Note: Division 5 in force on assent June 26, 2013.]
DIVISION 6
Investment Canada Act
Amendments to the Act
136
[Amendments]
137
[Amendments]
138
[Amendment]
139
[Amendment]
140
[Amendment]
141
[Amendments]
142
(1)
[Amendment]
(2)
[Repealed, 2014, c. 39, s. 189]
143
[Amendments]
144
[Amendments]
145
[Amendments]
Related Amendments to the Budget Implementation Act, 2009
146
[Amendment]
147
[Amendment]
148
[Amendment]
Transitional Provisions
149
[Transitional Provision]
150
[Transitional Provision]
151
[Transitional Provision]
152
[Transitional Provision]
153
[Transitional Provision]
Coming into Force
Order in council
*154
The provisions of this Division, except sections 136, 143 to 145, 149 and 151 to 153, come into force on a day or days to be fixed by order of the Governor in Council.
*
[Note: Sections 138 to 141 and subsection 142(1) in force March 13, 2015, see SI/2015-21; sections 137, 146 to 148 and 150 in force April 24, 2015, see SI/2015-20.]
DIVISION 7
Canada Pension Plan
155
[Amendment]
DIVISION 8
Improving Veterans’ Benefits
Pension Act
156
[Amendment]
War Veterans Allowance Act
157
[Amendment]
158
[Amendment]
Transitional Provision
159
[Transitional Provision]
Coming into Force
Order in council
*160
This Division comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Division 8 in force October 1, 2013, see SI/2013-103.]
DIVISION 9
Immigration and Refugee Protection
Immigration and Refugee Protection Act
161
[Amendment]
162
[Amendments]
163
[Amendment]
164
[Amendment]
165
[Amendment]
166
[Amendment]
No Appeal to the Refugee Appeal Division
167
[Transitional Provision]
168
[Transitional Provision]
Coming into Force
Order in council
*169
Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Subsection 162(2) in force February 6, 2014, see SI/2014-7.]
DIVISION 10
Citizenship Act
Amendments to the Act
170
[Amendment]
171
[Amendment]
Coming into Force
Order in council
*172
The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.
*
[Note: The provisions of Division 10 in force February 6, 2014, see SI/2014-8.]
DIVISION 11
Nuclear Safety and Control Act
173
[Amendment]
DIVISION 12
Department of Foreign Affairs, Trade and Development Act
Enactment of Act
Enactment
174
The Department of Foreign Affairs, Trade and Development Act is enacted as follows:
[See Department of Foreign Affairs, Trade and Development Act]
Consequential Amendments
Access to Information Act
175
[Amendment]
176
[Amendment]
177
[Amendment]
Financial Administration Act
178
[Amendment]
179
[Amendment]
180
[Amendment]
181
[Amendment]
182
[Amendment]
183
[Amendment]
184
[Amendment]
Privacy Act
185
[Amendment]
186
[Amendment]
187
[Amendment]
Public Sector Compensation Act
188
[Amendment]
189
[Amendment]
190
[Amendment]
Federal Real Property and Federal Immovables Act
191
[Amendment]
Conflict of Interest Act
192
[Amendment]
Official Development Assistance Accountability Act
193
[Amendment]
Federal Sustainable Development Act
194
[Amendment]
Terminology
195
(1)
[Amendment]
Other references to Department of Foreign Affairs and International Trade
(2)
Unless the context requires otherwise, every reference to the Department of Foreign Affairs and International Trade in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.
196
(1)
[Amendment]
Other references to Minister for International Cooperation and Minister of International Cooperation
(2)
Unless the context requires otherwise, every reference to the Minister for International Cooperation or the Minister of International Cooperation in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister for International Development.
References to Canadian International Development Agency
197
Unless the context requires otherwise, every reference to the Canadian International Development Agency in any provision of an Act of Parliament is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.
198
[Amendment]
Repeal
199
[Repeal]
DIVISION 13
Ridley Terminals Inc.
Reorganization and Divestiture
Definitions
200
(1)
The following definitions apply in this Division.
assets includes
(a)
in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and
(b)
incorporeal property. (actifs)
Minister means the Minister of Transport. (ministre)
security means
(a)
in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and
(b)
in relation to any other entity, any ownership interest in or debt obligation of the entity, and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity. (titre)
Interpretation
(2)
In this Division, corporation, share and wholly-owned subsidiary have the same meaning as in subsection 83(1) of the Financial Administration Act.
Interpretation
(3)
Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act.
Inconsistency
(4)
In the event of any inconsistency between this Division and the Canada Business Corporations Act or anything issued, made or established under that Act, this Division prevails to the extent of the inconsistency.
Operation of Competition Act
(5)
Nothing in, or done under the authority of, this Division affects the operation of the Competition Act in respect of the acquisition of any interest or right in an entity.
Section 53.1 of Canada Transportation Act
(6)
Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division.
Purpose
201
The purpose of this Division is to authorize measures for the reorganization and divestiture of all or any part of Ridley Terminals Inc.’s business, which will allow the Government of Canada to pursue its objective of obtaining the best value for the business from a buyer who will operate the business on a long-term and sustainable basis and with open access to its services.
Authority to sell shares, etc.
202
The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.;
(b)
procure an addition to, or other material change in, the objects or purposes for which Ridley Terminals Inc. is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles;
(c)
procure the amalgamation of Ridley Terminals Inc.; and
(d)
procure the dissolution of Ridley Terminals Inc.
Authority with respect to entities
203
(1)
The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation;
(b)
procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity;
(c)
acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and
(d)
acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity.
Part X of Financial Administration Act
(2)
The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(a).
Additional powers
204
The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under section 202 or subsection 203(1).
Authority
205
(1)
Ridley Terminals Inc., any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:
(a)
sell or otherwise dispose of some or all of its assets;
(b)
sell or otherwise dispose of some or all of its liabilities;
(c)
issue securities and sell or otherwise dispose of some or all of those securities;
(d)
reorganize its capital structure;
(e)
acquire assets of a corporation or of any other entity;
(f)
procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents;
(g)
procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it;
(h)
procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it;
(i)
acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it;
(j)
sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it;
(k)
procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;
(l)
procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and
(m)
do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l).
Additional powers
(2)
The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) to take, or cause any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity to take, a measure referred to in subsection (1).
Limitation
(3)
The Governor in Council is not authorized to issue a directive to Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b)
(a)
after some or all of its securities are sold or otherwise disposed of; or
(b)
with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after some or all of the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of.
Compliance with directive
(4)
The directors of Ridley Terminals Inc. or of the corporation, or persons acting in a similar capacity with respect to the other entity, must comply with a directive issued by the Governor in Council. Compliance with that issued directive is in the best interests of Ridley Terminals Inc., the corporation or the other entity, as the case may be.
Notification of implementation
(5)
As soon as feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, Ridley Terminals Inc., the corporation or the other entity, as the case may be, must notify the Minister that it has done so.
Non-application of Statutory Instruments Act
206
The Statutory Instruments Act does not apply to a directive.
Tabling in Parliament
207
(1)
The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.
Exception — detrimental information
(2)
However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to the commercial interests of Canada, of Ridley Terminals Inc., of any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or of a wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.
Consultation
(3)
Before forming his or her opinion on whether publishing information contained in the directive would be detrimental, the Minister must consult the board of directors of Ridley Terminals Inc. or of the corporation, or the person or group of persons acting in a similar capacity with respect to the other entity.
No liability
208
No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in relation to Ridley Terminals Inc. that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise of their powers or the performance of their duties or functions, under this Division.
Application of money from disposition
209
The money from a sale or other disposition made under paragraph 202(a), subsection 203(1) or paragraph 205(1)(a), (b), (c) or (j), minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act and is to be paid to the Receiver General.
Financial Administration Act
210
Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 202 to 205.
Consequential Amendment to the Canada Marine Act
211
[Amendment]
Coming into Force
Order in council
*212
Section 211 comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Section 211 in force June 10, 2020, see SI/2020-43.]
DIVISION 14
Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage
National Capital Act
213
[Amendments]
Department of Canadian Heritage Act
214
[Amendment]
215
[Amendment]
Transitional Provisions
216
[Transitional Provision]
217
[Transitional Provision]
218
[Transitional Provision]
219
[Transitional Provision]
220
[Transitional Provision]
Consequential Amendments to the National Holocaust Monument Act
221
[Amendment]
222
[Amendment]
223
[Amendment]
Coming into Force
End of third month after royal assent
*224
This Division comes into force on the last day of the third month after the day on which this Act receives royal assent.
*
[Note: Divison 14 in force September 30, 2013.]
DIVISION 15
Parliamentary Secretaries and Ministers
Parliament of Canada Act
225
[Amendment]
Salaries Act
226
[Amendments]
DIVISION 16
Department of Public Works and Government Services Act
227
[Amendments]
DIVISION 17
Financial Administration Act
Amendments to the Act
228
[Amendments]
229
[Amendment]
Consequential Amendments
Canadian Race Relations Foundation Act
230
[Amendment]
Public Sector Pension Investment Board Act
231
[Amendment]
Coming into Force
Order in council
*232
Subsection 228(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
*
[Note: Subsection 228(2) not in force.]
DIVISION 18
Keeping Canada’s Economy and Jobs Growing Act
233
[Amendment]
SCHEDULE
(Section 102)
[Amendment]