Budget Implementation Act, 2009

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal 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 Budget Implementation Act, 2009. [Amendment] [Amendments] [Transitional Provision] September 8, 2008 Sections 123 to 127 and subsection 220(1) are deemed to have come into force on September 8, 2008. January 28, 2009 Sections 122 and 128 to 219 and subsection 220(2) are deemed to have come into force on January 28, 2009. Subsection 55(7) The maximum number of weeks for which benefits may be paid to a claimant referred to in subsection 55(7) of the Employment Insurance Regulations whose benefit period has not ended before the second Sunday before the day on which this Act receives royal assent and does not begin after September 11, 2010 is to be determined in accordance with Schedule 10. Retroactive effect Subsection 224(1) is deemed to have come into force on the second Sunday before the day on which this Act receives royal assent. September 12, 2010 Subsection 224(2) comes into force on September 12, 2010. Order in council The provisions of this Division, except for sections 235 and 254 and subsection 257(1), come into force on a day or days to be fixed by order of the Governor in Council. [Note: Section 235 and subsection 257(1) in force on assent March 12, 2009; sections 233, 234, 236 to 244, subsections 245(1) to (6), sections 246 to 253, 255 and 256, subsection 257(2) and section 258 in force on July 1, 2009, see SI/2009-57; subsection 245(7) in force November 1, 2010, see SI/2010-80.] Retroactivity Section 254 is deemed to have come into force on January 27, 2009. Coming into force This Division comes into force on April 1, 2009 or, if it is later, on the day on which this Act receives royal assent. Sections 270, 273, 277, 280, 283, 285, and 290 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 270, 273, 277, 280, 283, 285 and 290 in force July 1, 2010, see SI/2010-31.] Maximum payment The Minister of Finance may make direct payments, in an aggregate amount not exceeding $328,000,000 or any other amount that may be specified in an appropriation Act, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority. Payments out of C.R.F. Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner, and on any terms and conditions, that the Minister of Finance considers appropriate. Agreements The Minister of Finance may enter into any agreement respecting securities regulation with any province or territory. Enactment of Act The Canadian Securities Regulation Regime Transition Office Act is enacted as follows: Section 297 comes into force on a day to be fixed by order of the Governor in Council. [Note: Section 297 in force July 13, 2009, see SI/2009-60.] Maximum payment of $2,000,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two billion dollars to provide funding for infrastructure projects primarily related to infrastructure rehabilitation. Maximum payment of $495,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding four hundred and ninety-five million dollars to provide payments to provinces and territories under the Provincial-Territorial Infrastructure Base Funding Program for infrastructure projects. Maximum payment of $250,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred and fifty million dollars to provide funding for infrastructure projects in communities that have a population of less than 100,000. Maximum payment of $200,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to support infrastructure projects that promote a clean environment. Maximum payment of $51,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Atlantic Canada Opportunities Agency), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding fifty-one million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Atlantic Canada. Maximum payment of $106,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Economic Development Agency of Canada for the Regions of Quebec), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and six million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the regions of Quebec. Maximum payment of $175,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and seventy-five million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Ontario. Maximum payment of $17,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventeen million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the territories. Maximum payment of $154,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Western Economic Diversification), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and fifty-four million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Western Canada. Maximum payment of $1,000,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one billion dollars for the construction, renovation, refurbishment or repair of buildings and facilities at post-secondary institutions. Maximum payment of $75,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventy-five million dollars to support on-reserve housing. Maximum payment of $125,000,000 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 one hundred and twenty-five million dollars to the Canada Mortgage and Housing Corporation to support on-reserve housing. Maximum payment of $500,000,000 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 five hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories to address the backlog in demand for renovation and energy retrofits of social housing. 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 two hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for low-income seniors. Maximum payment of $25,000,000 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 twenty-five million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for persons with disabilities. Maximum payment of $100,000,000 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 one hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the territories for the renovation and construction of social housing units. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding five hundred million dollars to Canada Health Infoway Inc. for the development of electronic health records and related systems. Payment of $74,188,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of seventy-four million and one hundred and eighty-eight thousand dollars to Nova Scotia. The Expenditure Restraint Act, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 11 to this Act, is hereby enacted: [Repealed before coming into force, 2018, c. 27, s. 429] [Repealed, 2018, c. 27, s. 430] [Repealed, 2018, c. 27, s. 431] [Repealed, 2018, c. 27, s. 432] [Repealed before coming into force, 2008, c. 20, s. 3] [Repealed before coming into force, 2013, c. 40, s. 469] [Repealed before coming into force, 2018, c. 27, s. 433] [Repealed, 2018, c. 27, s. 434] Sections 410, 429 and 442 Sections 410, 429 and 442 come into force one year after the day on which this Act receives royal assent. [Note: Sections 410, 429 and 442 in force March 12, 2010.] [Repealed before coming into force, 2013, c. 33, s. 146] [Repealed, 2013, c. 33, s. 147] February 6, 2009 Sections 445, 447 and 453 to 456, subsections 457(1) to (4), section 460 and subsections 462(1), (3), (4) and (6) are deemed to have come into force on February 6, 2009. [Repealed, 2013, c. 33, s. 148] [Repealed before coming into force, 2018, c. 10, s. 91] [Repealed, 2018, c. 10, s. 91] Subsection 55(7) of regulations Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on January 4, 2009 and ends on June 5, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of the claimant’s benefit period; 8 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period; 11 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period; 14 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period; 17 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or 20 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on June 6, 2010 and ends on July 10, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by 3 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period; 6 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period; 9 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period; 12 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or 15 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on July 11, 2010 and ends on August 7, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by 1 week, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period; 4 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period; 7 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or 10 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on August 8, 2010 and ends on September 11, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by 2 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period. Subsection 55(10) of regulations With respect to a claimant to whom any of sections 3 to 6 applies whose benefit period has not been extended under any of subsections 10(13) to (13.3) of the Employment Insurance Act, subsection 55(10) of the Employment Insurance Regulations is deemed to read as follows: In a claimant’s benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under section 225 of the Budget Implementation Act, 2009 is equal to or greater than 50 weeks as a result of the application of any provision of any Act of Parliament, other than the Employment Insurance Act, the number that corresponds to that maximum number of weeks. 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.