Economic Action Plan 2013 Act, No. 2

A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Economic Action Plan 2013 Act, No. 2. [Amendment] [Amendments] [Repealed, 2016, c. 7. s. 61] [Repeal] April 1, 2016 Subsections 126(1), (4), (5), (7), (8) and (10), 127(3) and 128(3) and sections 131 and 136 come into force on April 1, 2016. January 1, 2017 Subsection 126(3) comes into force on January 1, 2017. January 1, 2018 Subsection 126(9) comes into force on January 1, 2018. April 7, 2013 Section 157 is deemed to have come into force on April 7, 2013. [Transitional Provisions] Order in council The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council. [Note: Division 5 in force October 31, 2014, see SI/2014-52.] [Transitional Provision] Definitions The following definitions apply in this Division. Crow’s Nest Pass Act means An Act to authorize a Subsidy for a Railway through the Crow’s Nest Pass, chapter 5 of the Statutes of Canada 1897. (Loi du Nid-de-Corbeau) Dominion Coal Blocks means the selected land referred to in paragraph 1(i.) of the Crow’s Nest Pass Act, being Parcel Identifier 014-832-020, Parcel 73, shown on Plan DD 729 (F25(2)), District Lot 4589, Kootenay District, British Columbia; and Parcel Identifier 014-832-038, Parcel 82, shown on Plan DD 729 (F25(1)), District Lot 4589, Kootenay District, British Columbia, except Part included in Plan 6844. (Réserve fédérale de charbon) Minister means the Minister designated under section 240, or, if none is designated, the Minister of Natural Resources. (ministre) Designation of Minister The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Division. Dominion Coal Blocks Nothing in the Crow’s Nest Pass Act, in the agreement mentioned in that Act or in any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada operates so as to limit the power of Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions that Her Majesty in right of Canada considers appropriate. Powers of Minister With the approval of the Governor in Council, and subject to any terms that the Governor in Council considers appropriate, the Minister may dispose of the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions established under section 241. Exception — easements Despite subsection (1), the Minister may grant an easement over any part of the Dominion Coal Blocks without the approval of the Governor in Council. The Minister may do anything that he or she considers necessary to prepare the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, for disposition. Administration The Minister has the administration of the Dominion Coal Blocks. Application of provincial law A disposition under section 241 or subsection 242(1) or (2) may be effected by any instrument by which an interest in real property may be disposed of by a private person under the laws in force in British Columbia. Her Majesty’s obligations are terminated All obligations and liabilities of Her Majesty in right of Canada arising out of any of the matters referred to in paragraph 1(i.) of the Crow’s Nest Pass Act, and all rights acquired by any other party under any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada relating to those matters, are extinguished. No liability 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 respect of the Dominion Coal Blocks 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 or performance of their powers, duties and functions. No compensation No one is entitled to any compensation from Her Majesty in right of Canada in connection with the coming into force of section 244. Application of money from disposition The money from a sale or other disposition made under section 241 or subsection 242(1) or (2) 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. Federal Real Property and Federal Immovables Act The Federal Real Property and Federal Immovables Act does not apply to any disposition of the Dominion Coal Blocks. Definition of amalgamated corporation In this Division, amalgamated corporation means any corporation resulting from an amalgamation referred to in subsection 252(1). Continuance under Canada Business Corporations Act Despite section 103 of the Financial Administration Act, the directors of the Blue Water Bridge Authority may, under subsection 268(4) of the Canada Business Corporations Act, apply for a certificate of continuance. Continuance Despite subsection 268(8.1) of the Canada Business Corporations Act, sections 6 to 13, 17, 18 and 21.1 of the Blue Water Bridge Authority Act continue to apply to the Blue Water Bridge Authority after its continuance under the Canada Business Corporations Act. Articles For the purposes of paragraph 90(1)(c) of the Financial Administration Act, The Federal Bridge Corporation Limited may, before any amalgamation referred to in subsection 252(1), amend its articles to make a material change in the objects or purposes for which it was incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its articles. Amalgamation authorized For the purposes of paragraph 90(1)(e) of the Financial Administration Act and despite section 14 of An Act to incorporate St. Mary’s River Bridge Company, the amalgamation of the following corporations with each other is authorized, the amalgamation of any of the following corporations with the corporation that results from the amalgamation of two or three of the other corporations is authorized and the amalgamation of any of the following corporations with any corporation that results from the amalgamation of two of the other corporations with the third corporation is authorized: The Federal Bridge Corporation Limited; St. Mary’s River Bridge Company; The Seaway International Bridge Corporation, Ltd.; and Blue Water Bridge Authority. Transitional The chief executive officer and the members of the board of directors of The Federal Bridge Corporation Limited continue as the chief executive officer and members of the board of directors, respectively, of the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with either or both of the corporations referred to in paragraphs (1)(b) and (c); and the corporation that results from the amalgamation of either of the corporations referred to in paragraphs (1)(b) and (c) with the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with the other of the corporations referred to in those paragraphs, if The Federal Bridge Corporation Limited amalgamated with only one of them. Amalgamated corporation an agent An amalgamated corporation is an agent of Her Majesty in right of Canada. Contracts An amalgamated corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty. Borrowing authorized An amalgamated corporation may borrow money otherwise than from the Crown, including by means of the issuance, sale and pledge of bonds, debentures, notes or other evidence of indebtedness, as long as the total principal amount of those borrowings that is outstanding does not exceed $130,000,000 at any time. Charges An amalgamated corporation may fix and charge tolls, fees or other charges for the use of a bridge or tunnel that it owns or operates. Authorization by amalgamated corporation An amalgamated corporation may authorize another person to fix or charge tolls, fees or other charges for the use of such a bridge or tunnel. Auditor The Auditor General of Canada is the auditor of an amalgamated corporation. Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a part-time member of the board of directors of The Federal Bridge Corporation Limited, of a corporation that results from an amalgamation referred to in subsection 252(2) or of Blue Water Bridge Authority has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office following any amalgamation referred to in subsection 252(1). Financial Administration Act For the purposes of Part I of Sched­ule III to the Financial Administration Act, the reference in that Part to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”. Payments in Lieu of Taxes Act For the purposes of Schedule III to the Payments in Lieu of Taxes Act, the reference in that Schedule to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”. [Repealed before coming into force, 2008, c. 20, s. 3] Sections 261 to 263 and 266 to 268 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 261 and 268 in force February 1, 2015, see SI/2015-10; section 262 repealed before coming into force, see 2008, c. 20, s. 3; sections 263, 266 and 267 in force November 22, 2024, see SI/2024-60.] Section 277 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: Section 277 in force October 9, 2014, see SI/2014-82.] Enactment The Mackenzie Gas Project Impacts Fund Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted: [Note: Sections 290 to 292 in force January 1, 2015, see SI/2014-99.] [Repealed before coming into force, 2018, c. 24, s. 30] [Repealed before coming into force, 2018, c. 24, s. 31] [Repealed before coming into force, 2018, c. 24, s. 32] [Repealed before coming into force, 2014, c. 39, s. 382] [Repealed, 2018, c. 24, s. 33] [Repealed before coming into force, 2018, c. 24, s. 33] [Repealed, 2018, c. 27, s. 437] Sections 325 to 336, 340 and 342 to 359 Sections 325 to 336, 340 and 342 to 359 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 325 to 336, 340 and 342 to 359 repealed before coming into force, see 2018, c. 24, ss. 32 and 33.] Enactment of Act The Public Service Labour Relations and Employment Board Act is enacted as follows: [Repealed before coming into force, 2013, c. 40, s. 467] [Repealed, 2018, c. 27, s. 438] [Repealed before coming into force, 2014, c. 20, s. 475] [Repealed before coming into force, 2014, c. 20, s. 476] [Repealed before coming into force, 2014, c. 20, s. 477] [Repealed before coming into force, 2014, c. 20, s. 478] [Repealed before coming into force, 2014, c. 20, s. 479] Sections 365 to 466, and the provisions of any Act as they are enacted by this Division, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 365 to 466, and the provisions of any Act as they are enacted by this Division, in force November 1, 2014, see SI/2014-84.] Other references Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act. Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board Act. Subsection 307(2) of the Economic Action Plan 2013 Act, No. 2 is repealed. Subsection 316(2) of the Act is repealed.