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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Full Document:  

Assented to 2012-12-14

PART 4VARIOUS MEASURES

Division 6R.S., c. B-7; R.S., c. 24 (1st Supp.), s. 3Bretton Woods and Related Agreements Act

Marginal note:1991, c. 21, s. 4

189. Paragraphs 5(e) and (f) of Schedule D of Schedule I to the Act are replaced by the following:

  • (e) When an Executive Director is entitled to cast the number of votes allotted to a member pursuant to Article XII, Section 3(i)(iii), the Councillor appointed by the group whose members elected such Executive Director shall be entitled to vote and cast the number of votes allotted to such member. The member shall be deemed to have participated in the appointment of the Councillor entitled to vote and cast the number of votes allotted to the member.

190. Schedule E of Schedule I to the Act is replaced by the following:

SCHEDULE ETRANSITIONAL PROVISIONS WITH RESPECT TO EXECUTIVE DIRECTORS

  • 1. Upon the entry into force of this Schedule:

    • (a) Each Executive Director who was appointed pursuant to former Article XII, Sections 3(b)(i) or 3(c), and was in office immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by the member who appointed him; and

    • (b) Each Executive Director who cast the number of votes of a member pursuant to former Article XII, Section 3(i)(ii) immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by such a member.

Marginal note:1991, c. 21, s. 5

191. Paragraph 1(b) of Schedule L of Schedule I to the Act is replaced by the following:

  • (b) appoint a Governor or Alternate Governor, appoint or participate in the appointment of a Councillor or Alternate Councillor, or elect or participate in the election of an Executive Director.

Marginal note:1991, c. 21, s. 5

192. The portion of paragraph 3(c) of Schedule L of Schedule I to the Act before subparagraph (i) is replaced by the following:

  • (c) The Executive Director elected by the member, or in whose election the member has participated, shall cease to hold office, unless such Executive Director was entitled to cast the number of votes allotted to other members whose voting rights have not been suspended. In the latter case:

Division 7R.S., c. C-8Canada Pension Plan

Amendments to the Act

Marginal note:R.S., c. 30 (2nd Supp.), s. 1(2)

193. The definition “contributor” in subsection 2(1) of the Canada Pension Plan is replaced by the following:

“contributor”

« cotisant »

“contributor” means a person who has made an employee’s contribution or a contribution in respect of the person’s self-employed earnings, and includes a person the amount of whose earnings on which a contribution has been made for a year under this Act calculated as provided in subparagraph 53(1)(b)(i) exceeds zero and a person to whom unadjusted pensionable earnings have been attributed under section 55, 55.1 or 55.2;

194. Subsection 42(1) of the Act is amended by adding the following in alphabetical order:

“substantially gainful”

« véritablement rémunératrice »

“substantially gainful”, in respect of an occupation, has the meaning that may be prescribed;

Marginal note:1997, c. 40, s. 69(3)

  • 195. (1) The portion of paragraph 44(2)(a) of the Act before subparagraph (i) is replaced by the following:

    • (a) a contributor shall be considered to have made contributions for not less than the minimum qualifying period only if the contributor has made contributions during the contributor’s contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),

  • (2) Section 44 of the Act is amended by adding the following after subsection (2.1):

    • Marginal note:Family allowance — late applications for disability pensions

      (2.2) A contributor referred to in subparagraph (1)(b)(ii) is deemed to have made contributions for not less than the minimum qualifying period for the purposes of subparagraph (1)(b)(i) if

      • (a) they became disabled in a month in which they were a family allowance recipient;

      • (b) in the year in which they became disabled

        • (i) the child in respect of which they were a family allowance recipient reached seven years of age, and

        • (ii) their unadjusted pensionable earnings were less than their basic exemption, calculated without regard to subsection 20(2); and

      • (c) in the absence of this subsection, a disability pension would not be payable to them, but had they become disabled in the year immediately before the year in which they became disabled, a disability pension would have been payable to them under subparagraph (1)(b)(ii).

  • (3) The portion of subsection 44(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Calculation for other supplementary benefits

      (3) For the purposes of paragraphs (1)(c), (d) and (f), a contributor shall be considered to have made contributions for not less than the minimum qualifying period only if the contributor has made contributions during the contributor’s contributory period

  • 196. (1) Paragraph 48(3)(b) of the Act is replaced by the following:

    • (b) from the contributor’s total pensionable earnings remaining after the deduction under paragraph (2)(b), the aggregate of the contributor’s pensionable earnings for a number of months equal to the number of months deducted under paragraph (a), for which months that aggregate is less than — or, if not less than, then equal to — the aggregate of the contributor’s pensionable earnings for any other like number of months in the contributor’s contributory period other than for months for which a deduction has already been made under subsection (2).

  • (2) Paragraph 48(4)(b) of the Act is replaced by the following:

    • (b) from the contributor’s total pensionable earnings remaining after making any deduction under subsection (2) or (3), the aggregate of the contributor’s pensionable earnings for a number of months equal to the number of months deducted under paragraph (a), for which months that aggregate is less than — or, if not less than, then equal to — the contributor’s aggregate pensionable earnings for any like number of months in the contributor’s contributory period other than for months for which a deduction has already been made under subsection (2) or (3).

Marginal note:2000, c. 12, s. 46(1)

  • 197. (1) Subsection 55(1) of the Act is replaced by the following:

    Marginal note:Application for division

    • 55. (1) Subject to this section, subsections 55.2(2), (3) and (4) and section 55.3, an application for a division of the unadjusted pensionable earnings of former spouses may be made in writing to the Minister by or on behalf of either former spouse, by the estate or succession of either former spouse or by any person that may be prescribed, within 36 months or, if both former spouses agree in writing, at any time after the date of a judgment granting a divorce or of a judgment of nullity of the marriage, rendered on or after January 1, 1978 and before January 1, 1987.

  • Marginal note:R.S., c. 30 (2nd Supp.), s. 22(2); 2000, c. 12, s. 46(2)(F)

    (2) Paragraph 55(2)(b) of the Act is replaced by the following:

    • (b) the marriage is deemed to have been solemnized or nullified or a divorce is deemed to have been made final on the last day of the year preceding the registered date of the marriage or the judgment of nullity or the effective date of the judgment granting a divorce; and

Marginal note:2000, c. 12, s. 47

198. Paragraph 55.1(1)(a) of the Act is replaced by the following:

  • (a) in the case of spouses, following a judgment granting a divorce or a judgment of nullity of the marriage, on the Minister’s being informed of the judgment and receiving the prescribed information;

Marginal note:2000, c. 12, s. 47

199. Paragraph 55.11(a) of the Act is replaced by the following:

  • (a) in respect of judgments granting a divorce and judgments of nullity of a marriage, rendered on or after January 1, 1987;

Marginal note:2000, c. 12, s. 48(2)

  • 200. (1) Subparagraph 55.2(3)(c)(ii) of the Act is replaced by the following:

    • (ii) in the case of a division under paragraph 55.1(1)(a), before the rendering of the judgment granting a divorce or the judgment of nullity of the marriage, as the case may be, and

  • Marginal note:2000, c. 12, s. 48(2)

    (2) Subsection 55.2(4) of the Act is replaced by the following:

    • Marginal note:Minister to notify parties

      (4) The Minister shall, without delay after being informed of a judgment granting a divorce or a judgment of nullity of a marriage or after receiving an application under section 55 or paragraph 55.1(1)(b) or (c), notify each of the persons subject to the division, in the prescribed manner, of the periods of unadjusted pensionable earnings to be divided, and of any other information that the Minister considers necessary.

  • 201. (1) Paragraph 78(a) of the Act is replaced by the following:

    • (a) the contributor’s earnings on which a contribution has been made for the year under this Act, calculated as provided in subparagraph 53(1)(b)(i),

  • (2) Paragraph 78(b) of the Act is replaced by the following:

    • (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(1)(b)(ii).

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