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

Assented to 2015-06-23

PART 3VARIOUS MEASURES

Division 121998, c. 36Canada Small Business Financing Act

  • 162. (1) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

    • (c) in the case of a loan made after March 31, 2009 but before the day on which paragraph (d) comes into force, the outstanding loan amount in relation to the borrower does not exceed $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and

    • (d) in the case of a loan made on or after the day on which this paragraph comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.

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

    • Marginal note:Meaning of outstanding loan amount

      (3) The outstanding loan amount referred to in paragraph (2)(b), (c) or (d) is the aggregate of the amount of the proposed loan and the principal amount outstanding, in respect of the borrower and all borrowers that are related to that borrower within the meaning of the regulations, of all loans made under this Act and guaranteed business improvement loans made under the Small Business Loans Act.

163. Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

  • (b) in the case of a loan made after March 31, 2009 but before the day on which paragraph (c) comes into force, $500,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and

  • (c) in the case of a loan made on or after the day on which this paragraph comes into force, $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner.

Division 132000, c. 5Personal Information Protection and Electronic Documents Act

164. Section 4 of the Personal Information Protection and Electronic Documents Act is amended by adding the following after subsection (1):

  • Marginal note:Application

    (1.1) This Part applies to an organization set out in column 1 of Schedule 4 in respect of personal information set out in column 2.

165. Subsection 26(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) amend Schedule 4.

166. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in Schedule 2 to this Act.

Division 142000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

167. Subsection 55(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) an agency or body that administers the securities legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under that legislation.

Division 152001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

168. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following before Division 0.1:

Division 0.01Biometric Information

Marginal note:Biometric information

10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.

Marginal note:Regulations

10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting

  • (a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;

  • (b) the procedures for the collection and verification of biometric information;

  • (c) the biometric information that is to be collected;

  • (d) the circumstances in which a person is not required to provide certain biometric information;

  • (e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and

  • (f) the circumstances in which a person is exempt from the application of that section.

  • 169. (1) Subsection 11(1.01) of the Act is replaced by the following:

    • 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 an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.

  • (2) Section 11 of the Act is amended by adding the following after subsection (1.01):

    • Marginal note:Applications from within Canada

      (1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada.

170. Section 11.1 of the Act is repealed.

  • 171. (1) Subsection 14(3) of the Act is repealed.

  • (2) Subsection 14(4) of the Act is repealed.

  • (3) Subsection 14(5) of the Act is repealed.

172. Paragraph 32(d.5) of the Act is replaced by the following:

  • (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer;

173. Subsection 89.2(1) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

174. Paragraph 150.1(1)(d) of the Act is replaced by the following:

  • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

175. The Act is amended by adding the following after section 186:

PART 4.1ELECTRONIC ADMINISTRATION

Marginal note:Powers

  • 186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.

  • Marginal note:Exception

    (2) This Part does not apply to the Minister of Employment and Social Development in respect of any activity the administration of which is the responsibility of that Minister under this Act.

  • Marginal note:Officer

    (3) For greater certainty, any person or class of persons who are designated as officers by the Minister to carry out any purpose of this Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

  • Marginal note:Delegation

    (4) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

  • Marginal note:Decision, determination or examination by automated system

    (5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.

Marginal note:Conditions for electronic version

186.2 A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide information, or to submit a document in its original form, is satisfied by its electronic version, if

  • (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

  • (b) any other requirements that may be prescribed have been met.

Marginal note:Regulations

  • 186.3 (1) The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting

    • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

    • (b) the date and time when, and the place where, an electronic version of an application, request, claim, notice, decision, determination, document or any information is deemed to be sent or received.

  • Marginal note:Requirement to use electronic means

    (2) The regulations may require a foreign national or another individual who, or entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application, request or claim may be made, the document may be submitted or the information may be provided by other means and respecting those other means.

  • Marginal note:Minister’s power

    (3) The regulations may prescribe the circumstances in which the Minister may require a foreign national or another individual who, or an entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

  • Marginal note:Electronic payments

    (4) The regulations may

    • (a) require that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system;

    • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

    • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

  • Marginal note:Incorporation by reference

    (5) The regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they exist on a specified date or as amended from time to time.

Marginal note:Clarification

186.4 If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to provide information, the officer or individual is not precluded by this Part from requiring the foreign national, other individual or entity to submit the visa or other document or to provide the information, as the case may be, in accordance with that provision.

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