Keeping Canada’s Economy and Jobs Growing Act (S.C. 2011, c. 24)
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Assented to 2011-12-15
PART 7FEDERAL FINANCIAL ASSISTANCE FOR STUDENTS
1994, c. 28Canada Student Financial Assistance Act
153. The Act is amended by adding the following after section 9.1:
FAMILY PHYSICIANS, NURSES AND NURSE PRACTITIONERS IN UNDER-SERVED RURAL OR REMOTE COMMUNITIES
Marginal note:Portion of loan forgiven
9.2 (1) The Minister may forgive an amount in respect of a student loan to a borrower who begins to work in an under-served rural or remote community as a family physician, nurse or nurse practitioner, if the borrower meets the prescribed conditions.
Marginal note:Effective date of forgiveness
(2) The forgiveness takes effect on the prescribed day.
Marginal note:Agreement
(3) For the purposes of subsection (1), the Minister may enter into an agreement with a lender for the purchase of a student loan made by the lender.
Marginal note:2000, c. 14, s. 18
154. Section 13 of the Act is replaced by the following:
Marginal note:Maximum amount
13. The aggregate amount of student loans made under this Act that are outstanding may not exceed the prescribed amount.
Marginal note:2008, c. 28, s. 108(2)
155. (1) Paragraph 15(1)(f.1) of the Act is replaced by the following:
(f.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of student loans;
(2) Subsection 15(1) of the Act is amended by adding the following after paragraph (o):
(o.1) prescribing the amount that may be forgiven in respect of a year under section 9.2 in respect of a student loan;
(o.2) prescribing the maximum number of years in respect of which amounts may be forgiven under section 9.2 in respect of a student loan;
(3) Section 15 of the Act is amended by adding the following after subsection (1):
Marginal note:Maximum aggregate amount of outstanding student loans
(1.1) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 13,
(a) prescribing the aggregate amount of outstanding student loans that may not be exceeded; and
(b) prescribing the student loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding student loans.
Marginal note:2009, c. 2, s. 363
156. (1) Paragraph 17.1(1)(a) of the Act is replaced by the following:
(a) deny the person financial assistance for a prescribed period;
Marginal note:2009, c. 2, s. 363
(2) Subsection 17.1(6) of the Act is replaced by the following:
Marginal note:Limitation or prescription
(6) The Minister may not take any measure under subsection (1) or (2) later than six years after the day on which he or she becomes aware of the false statement or misrepresentation or the false or misleading information.
R.S., c. S-23Canada Student Loans Act
157. The Canada Student Loans Act is amended by adding the following after section 11:
FAMILY PHYSICIANS, NURSES AND NURSE PRACTITIONERS IN UNDER-SERVED RURAL OR REMOTE COMMUNITIES
Marginal note:Portion of loan forgiven
11.1 (1) The Minister may forgive an amount in respect of a guaranteed student loan to a borrower who begins to work in an under-served rural or remote community as a family physician, nurse or nurse practitioner, if the borrower meets the prescribed conditions.
Marginal note:Effective date of forgiveness
(2) The forgiveness takes effect on the prescribed day.
Marginal note:Agreement
(3) For the purposes of subsection (1), the Minister may enter into an agreement with a lender for the purchase of a guaranteed student loan made by the lender.
Marginal note:2008, c. 28, s. 113(1)
158. (1) Paragraph 17(k.1) of the Act is replaced by the following:
(k.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of guaranteed student loans;
(2) Paragraph 17(r) of the Act is replaced by the following:
(q.2) prescribing the amount that may be forgiven in respect of a year under section 11.1 in respect of a guaranteed student loan;
(q.3) prescribing the maximum number of years in respect of which amounts may be forgiven under section 11.1 in respect of a guaranteed student loan;
(r) defining the expressions “family physician”, “full-time student”, “nurse”, “nurse practitioner”, “part-time student”, “responsible officer of a lender” and “under-served rural or remote community” for the purposes of this Act;
Coming into Force
Marginal note:Order in council
159. (1) Sections 152 and 153, subsections 155(1) and (2) and sections 157 and 158 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 154 and subsection 155(3) come into force on a day to be fixed by order of the Governor in Council.
PART 81996, c. 23EMPLOYMENT INSURANCE ACT
160. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.6):
Marginal note:Temporary measure — small business refund 2011
(8.7) If an employer’s premium is $10,000 or less for 2010, the Minister shall refund to the employer a portion of the premium for 2011 determined by the following formula if that amount is more than $2:
P2 – P1
where
- P1
- is the amount of the employer’s premium in 2010; and
- P2
- is the amount of the employer’s premium in 2011.
Marginal note:P1 can be equal to zero
(8.8) For the purposes of subsection (8.7), P1 is equal to zero if a person was not required to pay an employer’s premium in 2010.
Marginal note:Maximum refund
(8.9) A refund under subsection (8.7) shall not exceed $1,000.
(2) Section 96 of the Act is amended by adding the following after subsection (13):
Marginal note:No interest payable
(13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7).
PART 9GAS TAX FUND — FINANCING MUNICIPAL INFRASTRUCTURE
Marginal note:Maximum payment of $2,000,000,000
161. On the requisition of the Minister set out in Schedule I.1 of the Financial Administration Act with respect to the Office of Infrastructure of Canada, there may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, in accordance with the terms and conditions approved by the Treasury Board, a sum of not more than $2,000,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
PART 102009, c. 2, s. 297CANADIAN SECURITIES REGULATION REGIME TRANSITION OFFICE ACT
162. Subsection 14(1) of the Canadian Securities Regulation Regime Transition Office Act is replaced by the following:
Marginal note:Maximum payment
14. (1) The Minister may make direct payments, in an aggregate amount not exceeding $33,000,000, or any other amount that may be specified in an appropriation Act, to the Transition Office for its use.
PART 112005, c. 47, s. 1WAGE EARNER PROTECTION PROGRAM ACT
Amendment to the Act
Marginal note:2009, c. 2, s. 342
163. Paragraph (a) of the definition “eligible wages” in subsection 2(1) of the Wage Earner Protection Program Act is replaced by the following:
(a) wages other than severance pay and termination pay that were earned during the longer of the following periods:
(i) the six-month period ending on the first day on which there was a receiver in relation to the former employer, and
(ii) the period beginning on the day that is six months before the day on which a proposal under Division I of Part III of the Bankruptcy and Insolvency Act is filed by or in respect of the employer or the day on which proceedings under the Companies’ Creditors Arrangement Act are commenced and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer; and
Transitional Provision
Marginal note:Transitional
164. The Wage Earner Protection Program Act, as amended by section 163, applies
(a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; and
(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver as defined in subsection 243(2) of the Bankruptcy and Insolvency Act, after June 5, 2011.
PART 12AMENDMENTS RELATING TO EMPLOYMENT
R.S., c. H-6Canadian Human Rights Act
165. Subsection 9(2) of the Canadian Human Rights Act is repealed.
166. Paragraph 15(1)(c) of the Act is repealed.
R.S., c. L-2Canada Labour Code
Marginal note:R.S., c. 32 (2nd Supp.), s. 41 (Sch., item 1)
167. Paragraph 235(2)(b) of the Canada Labour Code is repealed.
2006, c. 9, s. 2Conflict of Interest Act
168. Section 15 of the Conflict of Interest Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Despite paragraph (1)(a), for the purpose of maintaining his or her employment opportunities or ability to practice his or her profession on leaving public office, a reporting public office holder may engage in employment or the practice of a profession in order to retain any licensing or professional qualifications or standards of technical proficiency necessary for that purpose if
(a) the reporting public office holder does not receive any remuneration; and
(b) the Commissioner is of the opinion that it is not incompatible with the reporting public office holder’s duties as a public office holder.
Coming into Force
Marginal note:One year after royal assent
169. Sections 165 to 167 come into force one year after the day on which this Act receives royal assent.
PART 13R.S., c. J-1JUDGES ACT
Marginal note:2006, c. 11, s. 2
170. Paragraph 22(2.1)(b) of the Judges Act is replaced by the following:
(b) the four other judges, $232,300 each.
PART 141990, c. 4NORDION AND THERATRONICS DIVESTITURE AUTHORIZATION ACT
Marginal note:Deemed coming into force — April 20, 1993
171. Despite section 12 of the Nordion and Theratronics Divestiture Authorization Act, section 9 of that Act is deemed to have come into force on April 20, 1993.
PART 15R.S., c. C-8CANADA PENSION PLAN
Amendments to the Act
172. The definitions “employer” and “employment” in subsection 2(1) of the Canada Pension Plan are replaced by the following:
“employer”
« employeur »
“employer” means a person liable to pay salary, wages or other remuneration in relation to employment, and, in relation to an officer, includes the person from whom the officer receives their remuneration;
“employment”
« emploi »
“employment” means the state of being employed under an express or implied contract of service or apprenticeship, and includes the tenure of an office;
Marginal note:R.S., c. 30 (2nd Supp.), s. 3
173. The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Amount of employee’s contribution
8. (1) Every employee who is employed by an employer in pensionable employment shall, by deduction as provided in this Act from the remuneration in respect of the pensionable employment paid to the employee by the employer, make an employee’s contribution for the year in which the remuneration is paid to the employee of an amount equal to the product obtained when the contribution rate for employees for the year is multiplied by the lesser of
Marginal note:R.S., c. 30 (2nd Supp.), s. 3; 2004, c. 22, s. 15
174. The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Amount of employer’s contribution
9. (1) Every employer shall, in respect of each employee employed by the employer in pensionable employment, make an employer’s contribution for the year in which remuneration in respect of the pensionable employment is paid to the employee of an amount equal to the product obtained when the contribution rate for employers for the year is multiplied by the lesser of
Marginal note:1993, c. 24, s. 143(1)
175. Subsection 21(1) of the Act is replaced by the following:
Marginal note:Amount to be deducted and remitted by employer
21. (1) Every employer paying remuneration to an employee employed by the employer at any time in pensionable employment shall deduct from that remuneration as or on account of the employee’s contribution for the year in which the remuneration in respect of the pensionable employment is paid to the employee any amount that is determined in accordance with prescribed rules and shall remit that amount, together with any amount that is prescribed with respect to the contribution required to be made by the employer under this Act, to the Receiver General at any time that is prescribed and, if at that prescribed time the employer is a prescribed person, the remittance shall be made to the account of the Receiver General at a financial institution (within the meaning that would be assigned by the definition “financial institution” in subsection 190(1) of the Income Tax Act if that definition were read without reference to its paragraphs (d) and (e)).
Coming into Force
Marginal note:January 1, 2006
176. This Part is deemed to have come into force on January 1, 2006.
PART 162010, c. 12JOBS AND ECONOMIC GROWTH ACT
177. Section 1679 of the Jobs and Economic Growth Act is amended by replacing the subsection 10(4) that it enacts with the following:
Marginal note:Exception
(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act, that it is not practical to apply those subsections given the size of that portion of the public sector.
178. Subsection 1680(1) of the Act is amended by replacing the subsections 38.1(1) and (2) that it enacts with the following:
Marginal note:Report — disclosures under section 12
38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12.
Marginal note:Report to President of the Treasury Board — disclosures under section 12
(2) Within six months after the end of each financial year, the Chief Human Resources Officer must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12.
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