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Economic Action Plan 2015 Act, No. 1 (S.C. 2015, c. 36)

Assented to 2015-06-23

Division 5R.S., c. C-42Copyright Act

  •  (1) Paragraph 23(1)(b) of the Copyright Act is replaced by the following:

    • (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

  • (2) Subsection 23(1.1) of the Act is replaced by the following:

    • Marginal note:Term of copyright — sound recording

      (1.1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

Marginal note:No revival of copyright

 Paragraph 23(1)(b) and subsection 23(1.1) of the Copyright Act, as enacted by section 81, do not have the effect of reviving the copyright, or a right to remuneration, in a sound recording or performer’s performance fixed in a sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions.

Division 6R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act

Amendments to the Act

 The long title of the Export Development Act is replaced by the following:

An Act to establish Export Development Canada, to support and develop trade between Canada and other countries and Canada’s competitiveness in the international market-place and to provide development financing and other forms of development support
  •  (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Purposes
    • 10. (1) The Corporation is established for the purposes of

  • (2) Paragraph 10(1)(b) of the Act is replaced by the following:

    • (b) supporting and developing, directly or indirectly, Canada’s export trade and Canadian capacity to engage in that trade and to respond to international business opportunities; and

    • (c) providing, directly or indirectly, development financing and other forms of development support in a manner that is consistent with Canada’s international development priorities.

 The Act is amended by adding the following after section 25:

Marginal note:Minister for International Development

26. Before the Minister takes an action under this Act or Part X of the Financial Administration Act that is aimed at the Corporation’s carrying out its purpose under paragraph 10(1)(c), the Minister shall consult the Minister for International Development.

Coming into Force

Marginal note:Order in council

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

Division 7R.S., c. L-2Canada Labour Code

Amendments to the Act

 Section 123 of the Canada Labour Code is amended by adding the following after subsection (2):

  • Marginal note:Application to other persons

    (3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.

 The definition “industrial establishment” in section 166 of the Act is replaced by the following:

“industrial establishment”

« établissement »

“industrial establishment” means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b);

 Section 167 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Application to other persons

    (1.1) Subject to subsection (1.2), this Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.

  • Marginal note:Exception

    (1.2) Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to that person, the employer, if

    • (a) the person performs the activities to fulfil the requirements of a program offered by a secondary or post-secondary educational institution or a vocational school, or an equivalent educational institution outside Canada, described in the regulations; or

    • (b) the following conditions are met:

      • (i) subject to the regulations, the person performs the activities

        • (A) over a period of not more than four consecutive months that begins on the day on which they first perform them, or

        • (B) for not more than the prescribed number of hours over a period of more than four consecutive months but not more than 12 consecutive months that begins on the day on which they first perform them,

      • (ii) benefits derived from the activities accrue primarily to the person performing them,

      • (iii) the employer supervises the person and the activities that they perform,

      • (iv) the performance of the activities is not a prerequisite to the person being offered employment by the employer and the employer is not obliged to offer employment to the person,

      • (v) the person does not replace any employee, and

      • (vi) before the person performs any of the activities, the employer informs them in writing that they will not be remunerated.

 Subsection 252(2) of the Act is replaced by the following:

  • Marginal note:Records to be kept

    (2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by an inspector.

  •  (1) Paragraph 256(1)(a) of the Act is replaced by the following:

    • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);

  • (2) Paragraph 256(3)(a) of the Act is replaced by the following:

    • (a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or

  •  (1) Section 264 of the Act is amended by adding the following after paragraph (a):

    • (a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;

    • (a.2) respecting the information that an employer must provide to the Minister for the purpose of establishing that the performance of activities referred to in paragraph 167(1.2)(a) fulfils the requirements of a program referred to in that paragraph, and the circumstances in which an employer must provide it;

    • (a.3) specifying the circumstances in which a person who performs activities referred to in paragraph 167(1.2)(a) must provide to an employer the information referred to in paragraph (a.2);

    • (a.4) for the purpose of paragraph 167(1.2)(a), specifying or describing secondary or post-secondary educational institutions or vocational schools, or equivalent educational institutions outside Canada;

    • (a.5) for the purpose of clause 167(1.2)(b)(i)(B), prescribing a number of hours that is not less than 640 hours and not more than 768 hours;

    • (a.6) providing that a person in respect of whom the conditions set out in paragraph 167(1.2)(b) have previously been met does not meet the condition set out in clause 167(1.2)(b)(i)(A) or (B), as the case may be, in respect of activities performed for the same employer if they perform them before the expiry of the period specified by regulation;

    • (a.7) for the purpose of subparagraph 167(1.2)(b)(ii), respecting the circumstances in which the benefit derived from activities is considered to accrue primarily to the person performing them;

    • (a.8) for the purpose of subparagraph 167(1.2)(b)(iii), respecting what constitutes supervision;

    • (a.9) respecting any measures that must be taken by an employer for the purpose of ensuring or establishing that the conditions set out in paragraph 167(1.2)(b) are or have been met, the information that the employer must provide to the Minister for the purpose of establishing that the measures have been taken, and the circumstances in which it must be provided;

  • (2) Section 264 of the Act is amended by adding the following after paragraph (i):

    • (i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;

  • (3) Section 264 of the Act is renumbered as subsection 264(1) and is amended by adding the following:

    • Marginal note:Incorporation of documents

      (2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.

 

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