Miscellaneous Statute Law Amendment Act, 2001 (S.C. 2001, c. 34)
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Assented to 2001-12-18
Miscellaneous Statute Law Amendment Act, 2001
S.C. 2001, c. 34
Assented to 2001-12-18
An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect
SUMMARY
The Miscellaneous Statute Law Amendment Program was established in 1975. Since then, nine Acts have been passed (1977, 1978, 1981, 1984, 1987, 1992, 1993, 1994 and 1999). The purpose of the Program is to allow minor amendments of a non-controversial nature to be made to a number of federal statutes without having to wait for particular statutes to be opened up for amendments of a more substantial nature. Anyone may suggest amendments for possible inclusion in a set of proposals, but most of the current proposals have come from government departments or agencies.
The Legislation Section of the Department of Justice is responsible for receiving and reviewing proposals. The following criteria are applied to determine whether a suggested amendment may be included in the Proposals tabled in Parliament. The suggested amendment must not
(a) be controversial;
(b) involve the spending of public funds;
(c) prejudicially affect the rights of persons; or
(d) create a new offence or subject a new class of persons to an existing offence.
The Legislation Section prepares a document entitled “Proposals for a Miscellaneous Statute Law Amendment Act”, containing only those proposals that, in its view, meet the Program criteria.
This document is tabled in the House of Commons by the Minister of Justice, and referred to the appropriate Standing Committee of the House. Except in 1977, the proposals have also been tabled in the Senate and referred to its Standing Committee on Legal and Constitutional Affairs.
Consideration of the proposals by these Committees has always been thorough and non-partisan. If either of these Committees considers a proposal to be controversial, that proposal is dropped.
The reports of the Senate Committee have always been adopted by the Senate, but a motion has never been made for concurrence in the reports of the House of Commons.
A Miscellaneous Statute Law Amendment Bill is then prepared, based on the reports of the two Committees and containing only proposals approved by both Committees. Passage of the Bill has always been speedy, given the usual understanding that the Bill will receive three readings in each House without debate.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Miscellaneous Statute Law Amendment Act, 2001.
AMENDMENTS
R.S., c. A-1Access to Information Act
2. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:
Petroleum Monitoring Agency
Agence de surveillance du secteur pétrolier
1997, c. 33Anti-Personnel Mines Convention Implementation Act
3. Section 20 of the French version of the Anti-Personnel Mines Convention Implementation Act is replaced by the following:
Marginal note:Modification de l’annexe
20. Dans le cas où la Convention est modifiée, il incombe au ministre de modifier l’annexe en conséquence, par arrêté, dans les plus brefs délais suivant l’entrée en vigueur de la modification. Il fait déposer le texte de celle-ci au Parlement dans les quinze premiers jours de séance de l’une ou l’autre chambre suivant la prise de l’arrêté.
R.S., c. A-12Arctic Waters Pollution Prevention Act
4. The Arctic Waters Pollution Prevention Act is amended by adding the following after section 3:
INCORPORATION BY REFERENCE
Marginal note:Incorporation as amended from time to time
3.1 (1) Regulations made under this Act incorporating standards by reference may incorporate them as amended from time to time.
Marginal note:For greater certainty only
(2) Subsection (1) is for greater certainty and does not limit any authority to make regulations incorporating material by reference that exists apart from it.
R.S., c. 41 (4th Supp.), Part IAtlantic Canada Opportunities Agency Act
Marginal note:
5. Section 8 of the Atlantic Canada Opportunities Agency Act is replaced by the following:
Marginal note:Shares and related instruments
8. Subject to any regulations, the Minister may acquire, exercise, assign or sell a stock option, share warrant, share or other similar financial instrument obtained as a condition of a loan or contribution made, a guarantee given or loan insurance or credit insurance provided under section 13 or in the course of the collection or enforcement of a debtor’s obligation to the Agency.
1999, c. 28An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts
6. (1) Subsection 35(11) of the French version of An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts, chapter 28 of the Statutes of Canada, 1999, is replaced by the following:
(11) À l’entrée en vigueur de l’article 54 de la Loi modifiant la législation relative aux institutions financières, chapitre 15 des Lois du Canada (1997), ou à celle de l’alinéa 575(3)b) de la Loi sur les banques, édicté par le paragraphe (1), la dernière en date étant à retenir, l’alinéa 575(3)b) est remplacé par ce qui suit :
b) soit consentis à des fins commerciales et dont le capital excède cent mille dollars ou tout autre montant fixé par règlement.
Marginal note:Coming into force
(2) Subsection (1) is deemed to have come into force on June 17, 1999.
1997, c. 26Budget Implementation Act, 1997
7. Subsection 11(1) of the French version of the Budget Implementation Act, 1997 is renumbered as section 11.
8. The subsection 26(6) of the French version of the Act before section 27 is renumbered as subsection 26(7).
1995, c. 28Business Development Bank of Canada Act
9. Subsection 14(5) of the French version of the Business Development Bank of Canada Act is replaced by the following:
Marginal note:Achat de biens
(5) Dans le cadre des prêts ou investissements qu’elle fait à une personne, ou des garanties qu’elle lui donne, aux termes du présent article, la Banque peut acquérir, par achat ou autrement, des biens meubles ou immeubles — y compris des comptes clients —, les détenir ou les louer à cette personne et, par la suite, sous réserve de tout droit de rachat, les aliéner, notamment par vente, ou en faire ce qu’elle entend.
10. Section 32 of the Act is replaced by the following:
Marginal note:Restriction
32. The Bank shall not grant a loan, investment or guarantee to a director or officer of the Bank.
11. (1) Subsections 33(1) and (2) of the Act are replaced by the following:
Marginal note:Disclosure
33. (1) An applicant must disclose in writing to the Bank whether the applicant is an interested person or, if the applicant is a firm or corporation, whether a partner of the firm or a shareholder, director or officer of the corporation is an interested person or a director or officer of the Bank.
Marginal note:Submission of application to Board for approval
(2) If the applicant discloses that the applicant is an interested person, or that a partner, shareholder, director or officer is an interested person or a director or an officer of the Bank, the application must be submitted to the Board for approval before the Bank enters into an agreement to provide the assistance.
(2) Paragraph 33(3)(a) of the Act is replaced by the following:
(a) a person related to the director as described in paragraph (a), (b) or (c) of the definition “interested person” in section 31; or
12. Section 38 of the Act is replaced by the following:
Marginal note:Use of Bank’s names or initials
38. Except with the consent in writing of the Bank, a person must not in any prospectus or advertisement, or for any other business purpose, use the name of the Bank or any of the following names or initials: “Federal Business Development Bank”, “Banque fédérale de développement”, “Industrial Development Bank”, “Banque d’expansion industrielle”, “B.D. Canada”, “B.D.C.”, “B.D.B.C.”, “B.F.D.” or “F.B.D.B.”.
R.S., c. C-2Canada Council Act
13. The long title of the English version of the Canada Council Act is replaced by the following:
14. Section 1 of the English version of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Canada Council for the Arts Act.
Marginal note:1995, c. 29, s. 6
15. Section 3 of the English version of the Act and the heading before it are replaced by the following:
CANADA COUNCIL FOR THE ARTS
Marginal note:Establishment of Council
3. There is hereby established a corporation, to be known as the Canada Council for the Arts, consisting of a Chairperson and Vice-Chairperson and not more than nine other members, to be appointed by the Governor in Council as provided in section 4.
Marginal note:Consequential amendments — other Acts
16. Unless the context requires otherwise, “Canada Council” is replaced by “Canada Council for the Arts” in every Act of Parliament other than the Canada Council for the Arts Act, and more particularly in the following provisions:
(a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”;
(b) Schedule I to the Federal-Provincial Fiscal Arrangements Act;
(c) subsection 85(1) of the English version of the Financial Administration Act;
(d) Schedule III to the Payments in Lieu of Taxes Act;
(e) in the English version of the National Arts Centre Act,
(i) subsection 9(1), and
(ii) paragraph 9(2)(e);
(f) the schedule to the Privacy Act under the heading “Other Government Institutions”; and
(g) Schedule II to the Public Sector Compensation Act.
Marginal note:Consequential amendments — regulations
17. Unless the context requires otherwise, “Canada Council” is replaced by “Canada Council for the Arts” in every regulation, as defined in section 2 of the Statutory Instruments Act, and more particularly in the following provisions:
(a) item 11 of the schedule to the Access to Information Act Heads of Government Institutions Designation Order;
(b) paragraph 7(b) of the English version of the Garnishment and Attachment Regulations;
(c) item 11 of the schedule to the Privacy Act Heads of Government Institutions Designation Order;
(d) item 1 of Schedule I to the English version of the Privacy Regulations;
(e) the schedule to the English version of the Designation of Certain Portions of the Public Service Order;
(f) Schedule I to the Public Service Superannuation Regulations;
(g) Schedules III and IV to the English version of the Supplementary Death Benefit Regulations; and
(h) Part II of the schedule to the Retirement Compensation Arrangements Regulations, No. 2.
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