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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 202005, c. 3International Interests in Mobile Equipment (aircraft equipment) Act

Consequential Amendments

Marginal note:2005, c. 3, s. 18

423. Section 22.2 of the Act is repealed.

Coming into Force

Marginal note:Order in council

424. Sections 414 to 423 come into force on a day to be fixed by order of the Governor in Council.

Division 212012, c. 19, s. 52Canadian Environmental Assessment Act, 2012

425. Subparagraph 5(1)(c)(i) of the French version of the Canadian Environmental Assessment Act, 2012 is replaced by the following:

  • (i) en matière sanitaire et socio-économique,

426. The portion of section 7 of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Federal authority

7. A federal authority must not exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part unless

427. Paragraph 14(5)(b) of the English version of the Act is replaced by the following:

  • (b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.

428. The portion of subsection 53(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Mitigation measures and follow-up program

    (4) The conditions referred to in subsections (1) and (2) must include

429. Sections 63 and 64 of the English version of the Act are replaced by the following:

Marginal note:Termination by responsible authority

63. The responsible authority referred to in any of paragraphs 15(a) to (c) may terminate the environmental assessment of a designated project for which it is the responsible authority if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part and, if the responsible authority is referred to in paragraph 15(c), the environmental assessment of a designated project was not referred to a review panel under section 38.

Marginal note:Termination by Minister

64. The Minister may terminate the environmental assessment by a review panel of a designated project for which the responsible authority is referred to in paragraph 15(c) if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part.

430. The definition “project” in section 66 of the Act is replaced by the following:

“project”

« projet »

“project” means a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and is not a designated project.

431. The portion of section 67 of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Project carried out on federal lands

67. An authority must not carry out a project on federal lands, or exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands, unless

432. Section 128 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Exception

    (1.1) Paragraph (1)(b) does not apply if the carrying out of the project in whole or in part requires that a federal authority exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act and that power, duty or function was a power, duty or function referred to in subsection 5(1) of the former Act.

  • Marginal note:Cessation of effect

    (1.2) Subsection (1.1) ceases to have effect on January 1, 2014.

Division 22Canada Employment Insurance Financing Board

1996, c. 23Employment Insurance Act

Marginal note:2012, c. 19, s. 603(1)

  • 433. (1) Paragraphs 4(2)(a) and (b) of the Employment Insurance Act are replaced by the following:

    • (a) the average for the 12-month period ending on March 31 in the preceding year of the Average Weekly Earnings for each month in that period

    by

    • (b) the ratio that the average for the 12-month period ending on March 31 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to March 31 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to March 31 of that preceding year.

  • (2) Paragraphs 4(2)(a) and (b) of the Act are replaced by the following:

    • (a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period

    by

    • (b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

  • Marginal note:2012, c. 19, s. 603(2)

    (3) Subsection 4(3) of the Act is replaced by the following:

    • Marginal note:Subsequent years

      (3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on March 31 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to March 31 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to March 31 of that preceding year.

  • (4) Subsection 4(3) of the Act is replaced by the following:

    • Marginal note:Subsequent years

      (3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

Marginal note:2008, c. 28, s. 125

  • 434. (1) Section 65.21 of the Act is replaced by the following:

    Definition of “actuary”

    65.21 In this Part, “actuary” means the Fellow of the Canadian Institute of Actuaries whose services are engaged by the Commission under subsection 28(4) of the Department of Human Resources and Skills Development Act.

  • (2) Section 65.21 of the Act is replaced by the following:

    Definition of “Board”

    65.21 In this Part, “Board” means the Canada Employment Insurance Financing Board established by subsection 3(1) of the Canada Employment Insurance Financing Board Act.

Marginal note:2012, c. 19, s. 609(1)

  • 435. (1) Subsection 66(1) of the Act is replaced by the following:

    Marginal note:Annual premium rate setting

    • 66. (1) Subject to subsection (7), the Governor in Council shall, on the joint recommendation of the Minister and the Minister of Finance, set the premium rate for each year in order to generate just enough premium revenue during that year to ensure that at the end of that year the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.

  • Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)

    (2) The portion of subsection 66(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Factors

      (2) The Governor in Council shall set the premium rate based on

  • (3) The portion of subsection 66(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Factors

      (2) Subject to any regulations made under subsections 66.1(2) and 66.2(2), the Board shall set the premium rate based on

  • Marginal note:2012, c. 19, s. 609(3)

    (4) Paragraph 66(2)(b) of the Act is repealed.

  • (5) Subsection 66(2) of the Act is amended by adding the following after paragraph (a):

    • (b) the amount by which the Board’s financial assets exceed its financial liabilities;

  • Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)

    (6) Paragraph 66(2)(f) of the English version of the Act is replaced by the following:

    • (f) any other information that the Governor in Council considers relevant.

  • (7) Paragraph 66(2)(f) of the English version of the Act is replaced by the following:

    • (f) any other information that the Board considers relevant.

  • Marginal note:2012, c. 19, s. 609(7)

    (8) Subsection 66(9) of the Act is replaced by the following:

    • Marginal note:Time limit

      (9) On or before September 14 in a year, the Governor in Council shall set the premium rate for the following year.

  • (9) Subsection 66(9) of the Act is replaced by the following:

    • Marginal note:Time limit

      (9) On or before September 14 in a year, the Board shall set the premium rate for the following year.

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