Jobs, Growth and Long-term Prosperity Act

An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 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 Jobs, Growth and Long-term Prosperity Act. [Amendment] [Amendments] Enactment The Canadian Environmental Assessment Act, 2012, whose Schedules 1 to 3 are set out in the schedule to this Act, is enacted as follows: [Repeal] Order in council Sections 52 to 63 and 66 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 52 to 63 and 66 in force July 6, 2012, see SI/2012-56.] [Transitional Provision] Sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 in force July 6, 2012, see SI/2012-57.] Sections 86 to 88, 91 and 98 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 86 to 88, 91 and 98 in force July 3, 2013, see SI/2013-69.] Sections 116 to 119 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 116 to 119 in force July 3, 2013, see SI/2013-69.] Sections 122, 129 and 130 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 122, 129 and 130 in force July 3, 2013, see SI/2013-69.] Section 132, subsections 133(1), (3) and (4), sections 135 to 138, subsection 139(2), sections 140 and 141, subsections 142(2) to (4), 144(2) to (6), 145(2) to (4) and 147(1) to (5), (7), (9) and (10), section 148, subsections 149(2) and (5) and sections 152 and 153 come into force on a day to be fixed by order of the Governor in Council. [Note: Section 132, subsections 133(1), (3) and (4), sections 135 to 138, subsection 139(2), sections 140 and 141, subsections 142(2) to (4), 144(2) to (6), 145(2) to (4) and 147(1) to (5), (7), (9) and (10), section 148, subsections 149(2) and (5) and sections 152 and 153 in force November 25, 2013, see SI/2013-116.] Sections 157 and 158 and subsections 159(2) and (4), 160(1), (3) and (4) and 161(2) and (3) come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 157 and 158 and subsections 159(2) and (4), 160(1), (3) and (4) and 161(2) and (3) in force September 24, 2014, see SI/2014-6.] Canadian Centre for Occupational Health and Safety Act The obligations under sections 25 and 26 of the Canadian Centre for Occupational Health and Safety Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Currency Act The obligations under subsections 21(2) and 22(2) of the Currency Act, as those subsections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Natural Sciences and Engineering Research Council Act The obligations under sections 17 and 18 of the Natural Sciences and Engineering Research Council Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Northern Pipeline Act The obligations under sections 13 and 14 of the Northern Pipeline Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Social Sciences and Humanities Research Council Act The obligations under sections 19 and 20 of the Social Sciences and Humanities Research Council Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Canadian Transportation Accident Investigation and Safety Board Act The obligation under subsection 13(2) of the Canadian Transportation Accident Investigation and Safety Board Act, as that subsection read immediately before the day on which this Act receives royal assent, continues to apply in respect of the fiscal year beginning on April 1, 2011 but does not apply in respect of any subsequent fiscal year. Canadian Polar Commission Act The obligations under sections 20 and 21 of the Canadian Polar Commission Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. National Round Table on the Environment and the Economy Act The obligations under sections 22 and 23 of the National Round Table on the Environment and the Economy Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2011 but do not apply in respect of any subsequent fiscal year. Yukon Surface Rights Board Act The obligation under subsection 23(5) of the Yukon Surface Rights Board Act, as that subsection read immediately before the day on which this Act receives royal assent, continues to apply in respect of the fiscal year beginning on April 1, 2011 but does not apply in respect of any subsequent fiscal year. Canadian Food Inspection Agency Act The obligations under sections 23 and 32 of the Canadian Food Inspection Agency Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2011 but do not apply in respect of any subsequent fiscal year. Canada Revenue Agency Act The obligations under sections 87 and 88 of the Canada Revenue Agency Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Canadian Institutes of Health Research Act The obligations under sections 31 and 32 of the Canadian Institutes of Health Research Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Definitions For the purposes of this Division, appropriate Minister, Crown corporation and department have the same meanings as in section 2 of the Financial Administration Act. Acquisition of shares For the purposes of paragraph 90(1)(b) of the Financial Administration Act, the Minister of Infrastructure, Communities and Intergovernmental Affairs may acquire the shares of PPP Canada Inc. Shares held by appropriate Minister The appropriate Minister holds the shares acquired under subsection (1). Appropriate Minister — other transactions The appropriate Minister may, with the approval of the Governor in Council, conduct any transaction referred to in any of paragraphs 90(1)(c) to (e) of the Financial Administration Act in respect of PPP Canada Inc. Authorization — parent Crown corporation PPP Canada Inc. may, with the approval of the Governor in Council, sell or otherwise dispose of all or substantially all of its assets. Authorization — wholly-owned subsidiaries Any of the corporations that are part of the group of corporations that consists of PPP Canada Inc. and of all of its wholly-owned subsidiaries may, with the approval of the Governor in Council, sell or otherwise dispose of any of the assets of the corporations, even if the assets to be sold or otherwise disposed of constitute all or substantially all of the total assets of that group. Status of PPP Canada Inc. Except as provided in this Division, PPP Canada Inc., incorporated under the Canada Business Corporations Act, is not an agent of Her Majesty in right of Canada. Agent for certain activities PPP Canada Inc. is an agent of Her Majesty in right of Canada in relation to the following activities: assessing public-private partnership opportunities for departments and Crown corporations in accordance with criteria established by the Treasury Board; advising departments and Crown corporations on the implementation of public-private partnership projects; acting as a source of expertise and advice for departments and Crown corporations on public-private partnership issues; and conducting any activity specified in an order made under section 211.1. The Governor in Council may, by order, specify any activity in relation to which PPP Canada Inc. is an agent of Her Majesty in right of Canada. Her Majesty not liable Her Majesty in right of Canada is not liable for any obligation or liability incurred by PPP Canada Inc. in relation to any activity other than an activity referred to in section 211. [Repealed, 2016, c. 7, s. 236] This Division comes into force on a day to be fixed by order of the Governor in Council. [Note: Division 4 in force March 8, 2013, see SI/2013-25.] April 1, 2013 Sections 225 and 227 to 229, subsection 230(1), sections 231, 232, 235 and 236, subsection 237(1) and sections 240 to 244, 246 to 249 and 279 come into force on April 1, 2013. April 1, 2014 Sections 271 and 276 come into force on April 1, 2014. May 1, 2014 Subsections 272(1) and (3) come into force on May 1, 2014. Sections 282 to 302 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 282 to 302 in force March 1, 2013, see SI/2013-17.] [Repealed before coming into force, 2017, c. 26, s. 54] Sections 304 to 312 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 304 to 308 and 310 to 312 in force March 1, 2013, see SI/2013-17.] Coming into force Despite section 26 of the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act, sections 22 to 24 of that Act come into force on the day on which this Act receives royal assent. January 1, 2013 or royal assent Sections 352 and 354 come into force on the later of January 1, 2013 and the day on which this Act receives royal assent. Paragraph 21.52(1)(b) of the National Housing Act, as enacted by section 356, comes into force on a day to be fixed by order of the Governor in Council. [Note: Paragraph 21.52(1)(b) of the National Housing Act, as enacted by section 356, in force May 31, 2013, see SI/2013-61.] Sections 361 to 364 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 361 to 364 in force July 1, 2013, see SI/2013-61.] The Integrated Cross-border Law Enforcement Operations Act is enacted as follows: [Note: Division 12 in force August 20, 2012, see SI/2012-68.] [Transitional Provisions] Sections 412 to 416 and 418 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Section 412, subsection 414(2) and sections 415 and 416 in force October 25, 2012, see SI/2012-84; section 413 and subsection 414(1) in force June 19, 2013, section 418 in force December 19, 2013, see SI/2013-65.] [Note: Division 20 in force June 13, 2014, see SI/2014-53.] [Repealed before coming into force, 2008, c. 20, s. 3] Sections 432 and 433 Sections 432 and 433 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 432 and 433 repealed before coming into force, see 2008, c. 20, s. 3.] Sections 434 to 439 Sections 434 to 439 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 434 to 439 in force July 1, 2014, see SI/2013-49.] Rights and obligations not affected The repeal of the Fair Wages and Hours of Labour Act does not affect any rights or obligations acquired or incurred under a contract or agreement to which that Act applied. [Note: Division 23 in force January 1, 2014, see SI/2013-121.] The provisions of this Division, other than sections 445 to 448, 451, 452, 461, 464 and 465, come into force on a day or days to be fixed by order of the Governor in Council. July 1, 2013 Sections 446, 448 and 451 come into force on July 1, 2013. [Note: Sections 449, 450 and 453 in force March 1, 2013, see SI/2013-18; section 466 in force April 1, 2014, see SI/2014-31; sections 454 to 458 in force November 27, 2017, see SI/2017-67.] [Note: Division 27 in force April 1, 2014, see SI/2014-17.] 2010, c. 12, s. 1820(12) Subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985 are deemed to have come into force on July 27, 2004. This Division comes into force on April 1, 2013. February 1, 2014 This Division comes into force on February 1, 2014. In this Division, Board, Centre, Chairman, director, Minister and President have the same meanings as in subsection 2(1) of the International Centre for Human Rights and Democratic Development Act. Application Sections 493 to 495 apply despite any provision of the International Centre for Human Rights and Democratic Development Act. Number of directors The Board may consist of fewer than 13 directors. No appointment by Board The Board is not permitted to appoint directors under subsection 10(2) of the International Centre for Human Rights and Democratic Development Act. Quorum Five directors constitute a quorum at any meeting of the Board. No compensation Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director, other than the President, 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 by the operation of this Division. Disposal of assets The Centre is authorized to sell or otherwise dispose of all or substantially all of its assets and do everything necessary for or incidental to closing out its affairs. Debts and liabilities The Centre must apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities. Directions The Minister may give directions to the Centre to do anything that in his or her opinion is necessary in respect of the exercise of its powers under subsection 5(1) of the International Centre for Human Rights and Democratic Development Act; and to sell or otherwise dispose of all or substantially all of its assets, satisfy its debts and liabilities, manage its expenses or otherwise close out its affairs. Directions binding The Centre must comply with the directions. Transfer of records The President must transfer to the Department of Foreign Affairs, Trade and Development the following items, including any electronic versions of them: the books of account and other financial records, as well as any information that the Centre collected in order to produce them; and any studies that the Centre has under its control, and any other information that it has collected through research. References Every reference to the Centre in a deed, contract or other document executed by the Centre in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada. Surplus Any surplus that remains after the satisfaction of the Centre’s debts and liabilities belongs to Her Majesty in right of Canada. Unsatisfied debts and liabilities Any of the Centre’s debts and liabilities that remain unsatisfied on the day on which this subsection comes into force become the debts and liabilities of Her Majesty in right of Canada. Commencement of legal proceedings Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Centre may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Centre. Continuation of legal proceedings Any action, suit or other legal proceeding to which the Centre is a party that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Centre. Auditor After the closing out of the Centre’s affairs, its accounts and financial transactions shall be audited by the Auditor General of Canada, and a report of the audit shall be made to the Minister. Report to Parliament The Minister shall prepare a report, containing the Centre’s financial statements and the Auditor General’s report, within four months after this section comes into force, and shall cause the report 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 report is completed. Sections 496 to 504 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 496 to 504 in force July 27, 2012, see SI/2012-61.] This Division comes into force on January 1, 2013 or, if it is later, on the day on which this Act receives royal assent. Sections 526 to 528 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 526 to 528 in force December 1, 2012, see SI/2012-88.] [Note: Division 39 in force April 1, 2013, see SI/2013-37.] Definition of Round Table For the purpose of sections 580 to 585, Round Table means the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act. Appointments terminated Members of the Round Table appointed under subsection 6(1) or (2) of the National Round Table on the Environment and the Economy Act cease to hold office on the coming into force of this subsection. Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Round Table 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 by the operation of this Division. Every reference to the Round Table in a deed, contract, agreement or other document executed by the Round Table in its own name is to be read as a reference to Her Majesty in right of Canada, unless the context requires otherwise. Any surplus that remains after the satisfaction of the debts and liabilities of the Round Table on the day on which section 593 comes into force belongs to Her Majesty in right of Canada. Any debts and liabilities of the Round Table that remain unsatisfied on the day on which section 593 comes into force become the debts and liabilities of Her Majesty in right of Canada. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Round Table may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Round Table. Any action, suit or other legal proceeding to which the Round Table is a party that is pending in any court immediately before the day on which section 593 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Round Table. Sections 579 to 593 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 579 to 593 in force April 1, 2013, see SI/2013-36.] [Repealed, 2013, c. 40, s. 139] [Repealed, 2013, c. 40, s. 140] [Repealed, 2013, c. 40, s. 141] April 7, 2013 Section 604 and subsections 608(2) and (3) come into force on April 7, 2013. Sections 605 and 607 come into force on a day to be fixed by order of the Governor in Council. [Note: Sections 605 and 607 in force January 6, 2013, see SI/2012-98.] [Repealed, 2013, c. 40, s. 142] March 30, 2012 Sections 620 and 621 are deemed to have come into force on March 30, 2012. June 1, 2012 Sections 622 to 624 come into force on June 1, 2012. [Note: Division 49 in force April 1, 2013, see SI/2013-38.] [Repealed before coming into force, 2017, c. 20, s. 297] [Repealed, 2017, c. 20, s. 297] National Council of Welfare Members of the National Council of Welfare cease to hold office on the coming into force of this subsection. Former members not entitled to relief Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the National Council of Welfare 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 by the operation of this Division. Sections 685 to 695 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Section 686 in force July 27, 2012, see SI/2012-61; sections 685 and 687 to 695 in force March 1, 2013, see SI/2013-17.] December 15, 2011 This Division is deemed to have come into force on December 15, 2011. Enactment of Act The Shared Services Canada Act is enacted as follows: Royal assent Despite section 78 of the Assisted Human Reproduction Act, section 44 of that Act, as amended by section 725 of this Act, comes into force on the day on which this Act receives royal assent. Sections 715 and 716, or any provision enacted by section 716, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 715 and 716 in force February 4, 2020, see SI/2019-37.] Subsection 713(2) and sections 721 to 723, 726 and 741 to 751 come into force on a day to be fixed by order of the Governor in Council. [Note: Subsection 713(2) and sections 721 to 723, 726 and 741 to 751 in force September 30, 2012, see SI/2012-75.] Ministerial authorizations An authorization issued by the Minister under section 32 or subsection 35(2) of the Fisheries Act as it existed before June 29, 2012, or under paragraph 32(2)(c) or paragraph 35(2)(b) of the Fisheries Act as it existed before the coming into force of subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act, and that is still valid on the day on which that subsection 142(2) comes into force, is deemed to be an authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act after that coming into force. Amendment On the request of the holder of an authorization referred to in subsection (1) that is made within 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force, the Minister must examine the authorization, and the Minister may, within 210 days after the day on which that subsection 142(2) comes into force, confirm or amend the authorization or, if the Minister is of the opinion that the holder no longer needs an authorization, cancel it. Conditions of authorizations Paragraph 40(3)(a) of the Fisheries Act does not apply to the holder of an authorization referred to in subsection (1) until 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force. However, if the holder makes a request under subsection (2), then that paragraph does not apply to that holder until the day on which that holder receives notice of the Minister’s decision to confirm, amend or cancel the authorization or until 210 days after the day on which that subsection 142(2) comes into force, whichever is earlier.