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Budget Implementation Act, 2008 (S.C. 2008, c. 28)

Full Document:  

Assented to 2008-06-18

PART 3AMENDMENTS IN RESPECT OF THE GOODS AND SERVICES TAX AND HARMONIZED SALES TAX (GST/HST)

R.S., c. E-15Excise Tax Act

Marginal note:1997, c. 10, s. 128(1)
  •  (1) Section 20 of Part II of Schedule VI to the Act is replaced by the following:

    • 20. A supply of a toilet seat, bath seat, shower seat or commode chair that is specially designed for use by an individual with a disability.

  • (2) Subsection (1) applies to any supply made after February 26, 2008.

Marginal note:1993, c. 27, s. 185(1); 1997, c. 10, s. 135(F); 2000, c. 30, s. 125(1)
  •  (1) Sections 33 to 34 of Part II of Schedule VI to the Act are replaced by the following:

    • 33. A supply of an animal that is or is to be specially trained to assist an individual with a disability or impairment with a problem arising from the disability or impairment, or a supply of a service of training an individual to use the animal, if the supply is made to or by an organization that is operated for the purpose of supplying such specially trained animals to individuals with the disability or impairment.

    • 34. A supply of a service (other than a service the supply of which is included in any provision of Part II of Schedule V except section 9 of that Part and a service related to the provision of a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes) of installing, maintaining, restoring, repairing or modifying a property the supply of which is included in any of sections 2 to 32 and 37 to 41 of this Part, or any part for such a property if the part is supplied in conjunction with the service.

  • (2) Subsection (1) applies to any supply made after February 26, 2008.

  •  (1) Part II of Schedule VI to the Act is amended by adding the following after section 40:

    • 41. A supply of a device that is specially designed for neuromuscular stimulation therapy or standing therapy, if supplied on the written order of a medical practitioner for use by a consumer with paralysis or a severe mobility impairment who is named in the order.

  • (2) Subsection (1) applies to any supply made after February 26, 2008.

PART 4CANADA MILLENNIUM SCHOLARSHIP FOUNDATION

Dissolution of the Foundation

Marginal note:Liquidation
  •  (1) Within six months after the day on which this subsection comes into force, or any longer time that the Governor in Council determines on the recommendation of the Minister of Human Resources and Skills Development, the Canada Millennium Scholarship Foundation, established by section 3 of the Budget Implementation Act, 1998 and referred to in this Part as “the Foundation”, shall sell or otherwise dispose of all of its property other than property referred to in subsection (3) and discharge all of its liabilities, on terms and conditions that are approved by the Governor in Council.

  • Marginal note:Donations of money

    (2) Despite subsection (1), money that was donated to the Foundation under section 21 of the Budget Implementation Act, 1998 — including any income arising from the investment of the money — and that was not used for carrying out the objects and purposes of the Foundation shall be paid to the donor.

  • Marginal note:Transfer to department

    (3) Within the period referred to in subsection (1), the Foundation shall transfer to the Department of Human Resources and Skills Development the following things, including any electronic versions of them:

    • (a) the books of account and other records referred to in section 35 of the Budget Implementation Act, 1998, as well as any information that the Foundation collected in order to produce them;

    • (b) all other information that the Foundation has under its control concerning persons who have received scholarships or any other financial assistance from it;

    • (c) any studies that the Foundation has under its control, and any other information that it has collected through research; and

    • (d) any database containing information related to any of those books of account and other records, that other information and those studies, as well as any information necessary in order to use the database.

  • Marginal note:Remaining money

    (4) After satisfying the obligations set out in subsections (1) to (3), the Foundation shall deposit all of its remaining money in the Consolidated Revenue Fund to the credit of the Receiver General.

  • Marginal note:Dissolution

    (5) The Foundation is dissolved.

1998, c. 21Amendments to the Budget Implementation Act, 1998

Marginal note:2003, c. 22, par. 224(g)(E); 2005, c. 30, s. 82, c. 34, par. 80(a)

 The headings before section 2 and sections 2 to 42 of the Budget Implementation Act, 1998 are repealed.

Marginal note:2003, c. 15, s. 32

 Section 43 of the Act and the heading before it are repealed.

 The heading before section 44 and sections 44 to 46 of the Act are repealed.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:2006, c. 9, s. 166

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Canada Millennium Scholarship Foundation

    Fondation canadienne des bourses d’études du millénaire

R.S., c. P-21Privacy Act

Marginal note:2006, c. 9, s. 191

 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Canada Millennium Scholarship Foundation

    Fondation canadienne des bourses d’études du millénaire

Coming Into Force

Marginal note:January 5, 2010, or earlier
  •  (1) Subsections 94(1) to (4) and section 96 come into force on January 5, 2010, or on an earlier day that is fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Subsection 94(5) and sections 95 and 97 to 99 come into force on a day to be fixed by order of the Governor in Council.

PART 5FEDERAL FINANCIAL ASSISTANCE FOR STUDENTS

1994, c. 28Amendments to the Canada Student Financial Assistance Act

  •  (1) Subsection 2(2) of the Canada Student Financial Assistance Act is replaced by the following:

    • Marginal note:Other definitions

      (2) In this Act, the words and expressions “borrower”, “consolidated student loan agreement”, “course”, “family income”, “financial assistance”, “full-time student”, “loan year”, “part-time student”, “period of studies”, “post-secondary school level”, “program of studies”, “severe permanent disability”, “student loan” and “student loan agreement” have the meanings assigned by the regulations.

  • (2) Section 2 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Electronic documents and communication

      (4) A document or other communication under this Act or the regulations may be in electronic form, and a reference in this Act or the regulations to a document includes a document in electronic form.

 Paragraph 5(e) of the Act is replaced by the following:

  • (e) the repayment of student loans by borrowers or classes of borrowers on an income-contingent basis;

Marginal note:2000, c. 14, s. 17

 Subsection 6.2(2) of the Act is replaced by the following:

  • Marginal note:Receipt and Deposit of Public Money Regulations, 1997

    (2) Despite section 3 of the Receipt and Deposit of Public Money Regulations, 1997, the portion of the following money that is public money and is collected or received electronically by a service provider that has entered into an agreement under subsection (1) shall be paid to the credit of the Receiver General by depositing it, within two business days after the day of collection or receipt, in an account established under subsection 17(2) of the Financial Administration Act:

    • (a) money collected or received as repayment of financial assistance, as repayment of a guaranteed student loan as defined in subsection 2(1) of the Canada Student Loans Act or as payment of interest owing on that assistance or loan; and

    • (b) interest received by the service provider on the money referred to in paragraph (a).

  • Meaning of “business day”

    (3) In this section, “business day” means a day other than a Saturday or a holiday.

 Section 8 of the Act is renumbered as subsection 8(1) and is amended by adding the following:

  • Marginal note:Payment deferred for part-time students

    (2) Subject to the regulations, no amount on account of principal or interest in respect of a student loan that is made to a part-time student is required to be paid by the borrower until the last day of the seventh month after the month in which the borrower ceases to be a student, whether a part-time or full-time student.

 Section 10 of the Act is replaced by the following:

Marginal note:Death of borrower

10. All rights of the lender against a borrower in respect of a student loan prescribed by regulations made under paragraph 15(1)(j) terminate if the borrower dies, and in that event the Minister shall pay to the lender the amounts referred to in subparagraph 5(a)(iii).

Marginal note:2005, c. 30, s. 111

 Sections 11 and 11.1 of the Act are replaced by the following:

Marginal note:Severe permanent disability

11. All rights of the lender against a borrower in respect of a student loan prescribed by regulations made under paragraph 15(1)(j) terminate if the Minister is satisfied, on the basis of information specified by the Minister and provided by or on behalf of the borrower, that the borrower, by reason of the borrower’s severe permanent disability, is unable to repay the student loan and will never be able to repay it, and in that event the Minister shall pay to the lender the amounts referred to in subparagraph 5(a)(iii).

Marginal note:Severe permanent disability — section 6.1 loan

11.1 All obligations of a borrower in respect of a loan made under an agreement entered into under section 6.1 terminate if the Minister is satisfied, on the basis of information specified by the Minister and provided by or on behalf of the borrower, that the borrower, by reason of the borrower’s severe permanent disability, is unable to repay the loan and will never be able to repay it.

 

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