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Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Assented to 2018-06-21

PART 5Greenhouse Gas Pollution Pricing Act (continued)

Consequential Amendments (continued)

2009, c. 14, s. 126Environmental Violations Administrative Monetary Penalties Act

194 The long title of the Environmental Violations Administrative Monetary Penalties Act is replaced by the following:

An Act to establish a system of administrative monetary penalties for the enforcement of the Antarctic Environmental Protection Act, the Canada National Marine Conservation Areas Act, the Canada National Parks Act, the Canada Water Act, the Canada Wildlife Act, the Canadian Environmental Protection Act, 1999, the Greenhouse Gas Pollution Pricing Act, the International River Improvements Act, the Migratory Birds Convention Act, 1994, the Rouge National Urban Park Act, the Saguenay-St. Lawrence Marine Park Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

196 Section 5 of the Act is amended by adding the following after subsection (3.1):

  • Marginal note:Restriction — Greenhouse Gas Pollution Pricing Act

    (3.2) With respect to the Greenhouse Gas Pollution Pricing Act, only a contravention or a failure to comply arising out of any provision of Part 2 of that Act or out of any provision of any regulation made under that Part may be designated under paragraph (1)(a).

197 The Act is amended by adding the following after section 12:

Marginal note:Greenhouse Gas Pollution Pricing Act

12.1 If subsection 174(1) or paragraph 178(1)(a) of the Greenhouse Gas Pollution Pricing Act is designated by regulations made under paragraph 5(1)(a) of this Act, each CO2e tonne of a greenhouse gas that is emitted over the applicable emissions limit for which no compensation is provided by the increased-rate compensation deadline constitutes a separate violation.

Coordinating Amendment

Marginal note:2014, c. 7

198 On the first day on which both section 11 of the Disability Tax Credit Promoters Restrictions Act and subsection 189(1) of this Act are in force, subsection 12(1) of the Tax Court of Canada Act is replaced by the following:

Marginal note:Jurisdiction

PART 6Various Measures

DIVISION 1R.S., c. F-11Financial Administration Act

  • 199 (1) Section 6 of the Financial Administration Act is amended by adding the following after subsection (3):

    • Marginal note:Chief Information Officer of Canada

      (3.1) The Governor in Council may appoint an officer called the Chief Information Officer of Canada to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.

  • (2) Subsections 6(4.2) to (6) of the Act are replaced by the following:

    • Marginal note:Delegation to Chief Information Officer of Canada

      (4.11) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Information Officer of Canada any of the powers or functions that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council, including powers or functions in relation to information technology.

    • Marginal note:President of Treasury Board to coordinate activities

      (4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer, the Comptroller General of Canada and the Chief Information Officer of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

    • Marginal note:Exception

      (5) Subsections (4), (4.1) and (4.11) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations.

    • Marginal note:Sub-delegation

      (6) Any person to whom powers or functions are delegated under subsection (4), (4.1) or (4.11) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

200 Section 101 of the Act is renumbered as subsection 101(1) and is amended by adding the following:

  • Marginal note:Leases

    (2) Despite any regulations made under paragraph 127(4)(b), subsection (1) does not apply in respect of leases, as defined in the Handbook of the Chartered Professional Accountants of Canada, as amended from time to time.

201 Section 127 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Leases entered into by Crown corporation

    (6) Despite any regulations made under paragraph (4)(b), leases — as defined in the Handbook of the Chartered Professional Accountants of Canada, as amended from time to time — that are entered into by a Crown corporation, are not considered to be transactions to borrow money for the purpose of a limit referred to in subsection (5).

DIVISION 2R.S., c. C-3Canada Deposit Insurance Corporation Act

Amendments to the Act

202 Section 2 of the Canada Deposit Insurance Corporation Act is amended by adding the following in alphabetical order:

nominee broker

nominee broker means a person who is a party to an agreement or arrangement with a member institution in order to make deposits as a nominee on behalf of another person. (courtier-fiduciaire)

nominee broker deposit

nominee broker deposit means a deposit made at a member institution by a nominee broker acting as a nominee on behalf of another person. (dépôt de courtier-fiduciaire)

professional trustee

professional trustee means any of the following who is not a nominee broker:

  • (a) the public trustee of a province or a similar public official whose duties involve holding moneys in trust for others;

  • (b) a federal, provincial or municipal government, or a department or agency of such a government;

  • (c) a lawyer or partnership of lawyers, a law corporation, or a notary or partnership of notaries in the province of Quebec, when they act in that capacity as a trustee of moneys for others;

  • (d) a person who is acting as a trustee of moneys for others in the course of business and is required by or under a statute to hold the deposit in trust;

  • (e) a person who is acting as a trustee of moneys for others in the course of business and is subject to the rules of a securities commission, stock exchange or other regulatory or self-regulating organization that audits compliance with those rules; or

  • (f) a regulated federal or provincial trust company acting in the capacity of a depositor. (fiduciaire professionnel)

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