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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 13R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

Consequential Amendments

Marginal note:2003, c. 22, s. 11

292. Schedule IV to the Act is amended by striking out the following:

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

Marginal note:2006, c. 9, s. 270

293. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

and the corresponding reference in column II to “President”.

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

Marginal note:R.S., c. 24 (3rd Supp.), s. 53

294. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

1991, c. 30Public Sector Compensation Act

295. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

SI/93-81Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order

296. Item 53 of the schedule to the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order is repealed.

Repeal

Marginal note:Repeal

297. Order in Council P.C. 1988-2030, dated September 15, 1988 and registered as SI/88-137, is repealed.

Coming into Force

Marginal note:Order in council

298. This Division, other than section 285, comes into force on a day to be fixed by order of the Governor in Council.

Division 141996, c. 17Agreement on Internal Trade Implementation Act

Amendments to the Act

299. The definition “Agreement” in section 2 of the Agreement on Internal Trade Implementation Act is replaced by the following:

“Agreement”

« Accord »

“Agreement” means the Agreement on Internal Trade signed in 1994, as amended from time to time;

300. The Act is amended by adding the following after section 8:

Orders Made Under Chapter 17 of Agreement

Marginal note:Orders of Federal Court

  • 8.1 (1) An order to pay a monetary penalty or tariff costs made under Chapter 17 of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.

  • Marginal note:Procedure

    (2) To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.

Marginal note:Enforcement

8.2 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

Marginal note:Orders final and binding

8.3 An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.

301. The heading before section 9 of the English version of the Act is replaced by the following:

Orders of Governor in Council

  • 302. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Orders

    • 9. (1) For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, the Governor in Council may, by order, do any one or more of the following:

  • (2) Paragraphs 9(3)(a) and (b) of the Act are replaced by the following:

    • (a) the requirements for standing set out in Article 1703(8) of the Agreement; and

    • (b) the conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement.

303. Section 12 of the Act is replaced by the following:

Marginal note:Rosters

12. The Governor in Council may appoint any person who meets the requirements set out in Annex 1704(2) of the Agreement to be on the rosters referred to in Article 1704(2) of the Agreement.

304. Section 15 of the Act and the headings before it are replaced by the following:

Marginal note:Screener

15. The Governor in Council may, by order, appoint any person to be a screener for the purposes of Part B of Chapter 17 of the Agreement if the person meets the requirements set out in that Part.

RELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. C-50; 1990, c. 8, s. 21Related Amendment to the Crown Liability and Proceedings Act

Marginal note:1996, c. 17, s. 15

305. Subsection 28(3) of the Crown Liability and Proceedings Act is repealed.

Coming into Force

Marginal note:Order in council

306. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 151996, c. 23Employment Insurance Act

  • 307. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.9):

    • Marginal note:Temporary measure — small business refund 2012

      (8.91) If an employer’s premium is $10,000 or less for 2011, the Minister shall refund to the employer a portion of the premium for 2012 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 2011; and
      P2
      is the amount of the employer’s premium in 2012.
    • Marginal note:P1 can equal zero

      (8.92) For the purposes of subsection (8.91), P1 is equal to zero if a person was not required to pay an employer’s premium in 2011.

    • Marginal note:Maximum refund

      (8.93) A refund under subsection (8.91) shall not exceed $1,000.

  • Marginal note:2011, c. 24, s. 160(2)

    (2) Subsection 96(13.1) of the Act is replaced by the following:

    • Marginal note:No interest payable

      (13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7) or (8.91).

Division 162001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

308. Section 11 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):

  • Marginal note:Electronic travel authorization

    (1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by the system or by an officer and, if the system or officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the system or officer.

309. Section 14 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Electronic travel authorization

    (3) For the purposes of subsection 11(1.01), the regulations may include provisions respecting the circumstances in which an application may be made by other means and respecting those other means.

310. Subsection 15(1) of the Act is replaced by the following:

Marginal note:Examination by officer

  • 15. (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).

Marginal note:2012, c. 19, s. 706(1)

311. Subsection 87.3(1) of the Act is replaced by the following:

Marginal note:Application

  • 87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

312. Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:

  • Marginal note:User Fees Act

    (2) The User Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).

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