Jobs and Economic Growth Act (S.C. 2010, c. 12)
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Assented to 2010-07-12
PART 21R.S., c. L-2CANADA LABOUR CODE
Amendments to the Act
Marginal note:2000, c. 20, s. 14
2174. Subsection 145.1(1) of the Act is replaced by the following:
Marginal note:Appointment
145.1 (1) On receipt of a notice of appeal, the Minister shall appoint as an appeals officer to inquire into and make a decision on the appeal any person who is qualified to perform the duties of such an officer.
Marginal note:2000, c. 20, s. 14
2175. Subsection 146(1) of the Act is replaced by the following:
Marginal note:Appeal of direction
146. (1) An employer, employee or trade union that feels aggrieved by a direction issued by a health and safety officer under this Part may appeal the direction by filing a notice of appeal with the Minister within 30 days after the day on which the direction is issued or confirmed in writing.
Marginal note:2000, c. 20, s. 14
2176. (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inquiry
146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and may
Marginal note:2000, c. 20, s. 14
(2) Subsection 146.1(2) of the Act is replaced by the following:
Marginal note:Decision and reasons
(2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned within 90 days after completing their inquiry under subsection (1). The employer shall, without delay, give a copy of it to the work place committee or health and safety representative.
Marginal note:2000, c. 20, s. 14
2177. (1) The portion of section 146.2 of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers
146.2 (1) For the purposes of a proceeding under subsection 146.1(1), an appeals officer may, subject to any regulations made under subsection (2),
(2) Section 146.2 of the Act is amended by adding the following after subsection (1):
Marginal note:Regulations
(2) The Governor in Council may make regulations, for the purpose of proceedings under subsection 146.1(1), respecting
(a) the rules of practice and procedure to be followed, and the duration of the proceedings;
(b) the setting of limits on the exercise of the powers of appeals officers under subsection (1); and
(c) any matter related to the efficient and effective operation of the proceedings.
Transitional Provision
Marginal note:Deemed appointment
2178. Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code, who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174, solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal.
Coming into Force
Marginal note:Order in council
2179. Sections 2172 to 2177 come into force on a day or days to be fixed by order of the Governor in Council.
PART 22PAYMENTS TO CERTAIN ENTITIES
Canadian Youth Business Foundation
Marginal note:Maximum payment of $10,000,000
2180. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ten million dollars to the Canadian Youth Business Foundation for its use
Genome Canada
Marginal note:Maximum payment of $75,000,000
2181. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding seventy-five million dollars to Genome Canada for its use.
Pathways to Education Canada
Marginal note:Maximum payment of $20,000,000
2182. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, a sum not exceeding twenty million dollars to Pathways to Education Canada for its use.
Rick Hansen Foundation
Marginal note:Maximum payment of $13,500,000
2183. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Western Economic Diversification, a sum not exceeding thirteen million, five hundred thousand dollars to the Rick Hansen Foundation for its use.
PART 231993, c. 38TELECOMMUNICATIONS ACT
2184. (1) Subsection 16(1) of the Telecommunications Act is replaced by the following:
Marginal note:Eligibility
16. (1) A Canadian carrier is eligible to operate as a telecommunications common carrier if
(a) it is a Canadian-owned and controlled corporation incorporated or continued under the laws of Canada or a province; or
(b) it owns or operates only a transmission facility that is referred to in subsection (5).
Marginal note:1998, c. 8, s. 2
(2) Subsection 16(5) of the Act is replaced by the following:
Marginal note:Exemption
(5) Paragraph (1)(a) and subsections (2) and (4) do not apply in respect of the ownership or operation of
(a) international submarine cables;
(b) earth stations that provide telecommunications services by means of satellites; or
(c) satellites.
PART 24EMPLOYMENT INSURANCE FINANCING
1996, c. 23Employment Insurance Act
Amendments to the Act
2185. The Employment Insurance Act is amended by adding the following before the heading before section 71:
Employment Insurance Operating Account
Marginal note:Employment Insurance Operating Account established
70.2 There is established in the accounts of Canada an account to be known as the Employment Insurance Operating Account.
2186. Section 71 of the Act and the heading before it are repealed.
2187. Section 76 of the Act is repealed.
2188. Section 80 of the Act is repealed.
Marginal note:2005, c. 30, s. 131
2189. The portion of paragraph 153.2(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Operating Account, including
2190. Section 158 of the Act is repealed.
2191. Subsection 159(5) of the Act is repealed.
2192. Section 162 of the Act is repealed.
2193. Section 166 of the Act and the heading before it are repealed.
Marginal note:Terminology
2194. The Act is amended by replacing “Employment Insurance Account” with “Employment Insurance Operating Account” in the following provisions:
(a) subsection 42(2);
(b) the portion of section 73 before paragraph (a);
(c) section 73.1;
(d) section 74;
(e) the portion of section 75 before paragraph (a);
(f) the portion of subsection 77(1) before paragraph (a); and
(g) section 78.
Transitional Provisions
Marginal note:Account closed
2195. The account in the accounts of Canada known as the Employment Insurance Account is deemed to have been closed at the beginning of January 1, 2009 and removed from the accounts of Canada at that time.
Marginal note:Section 76
2196. For greater certainty, any amount purporting to have been credited to the Employment Insurance Account on or after January 1, 2009 and charged to the Consolidated Revenue Fund under section 76 of the Employment Insurance Act is deemed to have never been credited to that Account and charged to that Fund.
Marginal note:Amounts credited and charged
2197. For greater certainty, all amounts credited or charged to the Employment Insurance Account on or after January 1, 2009 are deemed to have been credited or charged, as the case may be, to the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
Marginal note:Appropriation Acts
2198. Every authority in any appropriation Act to make recoverable expenditures on behalf of the Employment Insurance Account in respect of the fiscal year 2010–2011 is deemed to be an authority to make recoverable expenditures on behalf of the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
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