COVID-19 Emergency Response Act (S.C. 2020, c. 5)
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Assented to 2020-03-25
COVID-19 Emergency Response Act
S.C. 2020, c. 5
Assented to 2020-03-25
An Act respecting certain measures in response to COVID-19
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting certain measures in response to COVID-19”.
SUMMARY
Part 1 implements, as part of the response to the coronavirus disease 2019 (COVID-19), certain income tax measures by
(a) introducing a one-time additional payment under the GST/HST tax credit;
(b) providing temporary additional amounts under the Canada Child Benefit;
(c) reducing required minimal withdrawals from registered retirement income funds by 25% for 2020; and
(d) providing eligible small employers a temporary wage subsidy for a period of three months.
Part 2 enacts the Canada Emergency Response Benefit Act to authorize the making of income support payments to workers who suffer a loss of income for reasons related to the coronavirus disease 2019.
Part 3 enacts the Public Health Events of National Concern Payments Act, which authorizes payments to be made out of the Consolidated Revenue Fund in relation to public health events of national concern. It also provides for the repeal of the Act on September 30, 2020.
Part 4 amends the Canada Deposit Insurance Corporation Act to allow the Minister of Finance to increase the deposit insurance coverage limit until September 30, 2020.
Part 5 amends the Canada Mortgage and Housing Corporation Act to authorize the Minister of Finance, with the approval of the Governor in Council, to make payments to the Canada Mortgage and Housing Corporation out of the Consolidated Revenue Fund for the purpose of increasing the Corporation’s capital.
Part 6 amends the Export Development Act to broaden the purposes for which Export Development Canada is established and to permit the Minister of Finance, until September 30, 2020, to determine the amount of Export Development Canada’s authorized capital as well as the amount of certain limits applicable to Export Development Canada. It broadens the transactions for which the Minister of International Trade, with the concurrence of the Minister of Finance, may grant an authorization. It also provides for the suspension of certain provisions of the Export Development Canada Exercise of Certain Powers Regulations.
Part 7 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories for the fiscal year beginning on April 1, 2019.
Part 8 amends Part IV of the Financial Administration Act to authorize the Minister of Finance, until September 30, 2020, to borrow money under that Act for certain payments without the authorization of the Governor in Council, and it also amends that Part to extend the time for the tabling of the report on that Minister’s plans in relation to the management of the public debt. It also amends Part IV.1 of that Act to authorize that Minister to make payments to an entity and to procure the incorporation of a corporation or establish an entity, other than a corporation, for the purposes of promoting the stability or maintaining the efficiency of the financial system in Canada. Finally, it makes related amendments to the Borrowing Authority Act and a consequential amendment to the Canada Deposit Insurance Corporation Act.
Part 9 amends the Food and Drugs Act to, among other things, authorize the Governor in Council to make regulations
(a) requiring persons to provide information to the Minister of Health; and
(b) preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health.
Part 10 amends the Canada Labour Code to, among other things, create a regime which provides for a leave related to COVID-19 of up to 16 weeks. It also amends that Act to provide for the repeal of that regime and to provide for a quarantine leave under the medical leave regime.
Part 11 amends the National Housing Act to increase, for a period of five years, the maximum total for the outstanding insured amounts of all insured loans.
Part 12 amends the Patent Act to, among other things, provide that the Commissioner must, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to a public health emergency that is a matter of national concern.
Part 13 amends the Canada Student Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a guaranteed student loan and no amount on account of principal or interest is required to be paid by the borrower.
Part 14 amends the Farm Credit Canada Act to authorize the Minister of Finance to determine the limit on the amounts that the Minister of Finance may pay to Farm Credit Canada out of the Consolidated Revenue Fund.
Part 15 amends the Canada Student Financial Assistance Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a student loan and no amount on account of principal or interest is required to be paid by the borrower.
Part 16 amends the Business Development Bank of Canada Act to authorize the Minister of Finance to determine the limit on the aggregate of the paid-in capital — and any related contributed surplus — of the Business Development Bank and any proceeds prescribed as equity.
Part 17 amends the Apprentice Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on an apprentice loan and no amount on account of principal or interest is required to be paid by a borrower.
Division 1 of Part 18 amends the Employment Insurance Act to give the Minister of Employment and Social Development the power to make interim orders for the purpose of mitigating the economic effects of COVID-19.
Division 2 of Part 18 provides that every reference in any provision of the Employment Insurance Act and of regulations made under it to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect and that any benefit that would have been payable to a claimant had such a certificate been issued is payable to the claimant if the Canada Employment Insurance Commission is satisfied that the claimant is entitled to the benefit.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the COVID-19 Emergency Response Act.
PART 1Income Tax Act and Income Tax Regulations
R.S., c. 1 (5th Supp.)Income Tax Act
2 (1) Section 122.5 of the Income Tax Act is amended by adding the following after subsection (3):
Marginal note:COVID-19 — additional deemed payment
(3.001) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula
0.5(A − B)
where
- A
- is the total of
(a) $580,
(b) $580 for the qualified relation, if any, of the individual in relation to the specified month,
(c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $580,
(d) $306 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,
(e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $306, and
(f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $306 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,412; and
- B
- is 5% of the amount, if any, by which the individual’s adjusted income for the taxation year in relation to the specified month exceeds $37,789.
(2) Section 122.5 of the Act is amended by adding the following after subsection (3.01):
Marginal note:COVID-19 — shared-custody parent
(3.02) Notwithstanding subsection (3.001), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.001) to have been paid during the specified month is equal to the amount determined by the following formula:
0.5(A + B)
where
- A
- is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection; and
- B
- is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.
(3) Section 122.5 of the Act is amended by adding the following after subsection (4):
Marginal note:COVID-19 — month specified
(4.1) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.001) is May 2020 (or an earlier month designated by the Minister) and the taxation year is the 2018 taxation year.
3 Section 122.61 of the Act is amended by adding the following after subsection (1):
Marginal note:COVID-19 — additional amount
(1.01) If the month referred to in subsection (1) is May 2020, each amount expressed in dollars referred to in paragraphs (a) and (b) of the description of E in subsection (1) is deemed, for that month, to be equal to that amount (as adjusted under subsection (5)) plus an additional amount of $3,600. For greater certainty, the adjustment in subsection (5) shall not take into account this additional amount.
4 Section 146.3 of the Act is amended by adding the following after subsection (1.3):
Marginal note:Adjusted minimum amount for 2020
(1.4) The minimum amount under a retirement income fund for 2020 is 75% of the amount that would, in the absence of this subsection, be the minimum amount under the fund for the year.
Marginal note:Exceptions
(1.5) Subsection (1.4) does not apply to a retirement income fund for the purposes of subsections (5.1) and 153(1) and the definition periodic pension payment in section 5 of the Income Tax Conventions Interpretation Act.
5 (1) Paragraph 152(1)(b) of the Act is replaced by the following:
(b) the amount of tax, if any, deemed by subsection 120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.
(2) Paragraph 152(1.2)(d) of the Act is replaced by the following:
(d) if the Minister determines the amount deemed by subsection 122.5(3) or (3.001) to have been paid by an individual for a taxation year to be nil, subsection (2) does not apply to the determination unless the individual requests a notice of determination from the Minister.
(3) Paragraph 152(4.2)(b) of the Act is replaced by the following:
(b) redetermine the amount, if any, deemed by subsection 120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year.
6 (1) Section 153 of the Act is amended by adding the following after subsection (1.01):
Marginal note:COVID-19 — deemed remittance
(1.02) For the purposes of this Act, if an eligible employer pays, at a particular time that is within the eligible period, eligible remuneration in respect of which a particular amount is required to be deducted or withheld under subsection (1), then the eligible employer is deemed to have remitted to the Receiver General at the particular time in respect of the particular amount, an amount equal to the least of
(a) the amount determined by the formula
A − B
where
- A
- is the prescribed amount, and
- B
- is the total of all amounts, each of which is an amount deemed to have been remitted by the eligible employer under this subsection prior to the particular time (and, if more than one such payment is made at the particular time, the eligible employer may designate the order in which the amounts are considered to have been paid),
(b) the amount determined by the formula
C × D
where
- C
- is the prescribed percentage, and
- D
- is the amount of the eligible remuneration, and
(c) the amount determined by the formula
E × F
where
- E
- is the prescribed amount, and
- F
- is the total number of eligible employees employed by the eligible employer during the eligible period.
Marginal note:Definitions — subsection (1.02)
(1.03) The following definitions apply for the purposes of this subsection and subsection (1.02).
- eligible employee
eligible employee means an individual who is employed in Canada. (employé admissible)
- eligible employer
eligible employer means a person or partnership that
(a) employs one or more eligible employees;
(b) has, on March 18, 2020, a business number in respect of which the person or partnership is registered with the Minister to make remittances required under this section; and
(c) is any of
(i) a Canadian-controlled private corporation for the purposes of section 125 that
(A) would have a business limit for its last taxation year that ended before the start of the eligible period greater than nil, if the amount determined for paragraph 125(5.1)(b) were deemed to be nil, or
(B) if the corporation does not have a taxation year that ended before the start of the eligible period, would meet the condition in clause (A) if its taxation year ended immediately before the start of the eligible period,
(ii) an individual (other than a trust),
(iii) a partnership, all of the members of which are described in subparagraphs (i) to (iii) or (v),
(iv) a person exempt from tax under Part I because of paragraph 149(1)(l), and
(v) a registered charity. (employeur admissible)
- eligible period
eligible period means the period beginning on March 18, 2020 and that ends on June 19, 2020. (période d’admissibilité)
- eligible remuneration
eligible remuneration means salary, wages or other remuneration paid to an eligible employee during the eligible period. (rémunération admissible)
Marginal note:Deemed remittances under subsection (1.02)
(1.04) For greater certainty, amounts deemed under subsection (1.02) to have been remitted to the Receiver General are deemed to not be held in trust under subsections 227(4) and (4.1).
C.R.C., c. 945Income Tax Regulations
7 Section 8506 of the Income Tax Regulations is amended by adding the following after subsection (7):
(7.1) The minimum amount for a member’s account under a money purchase provision of a registered pension plan for 2020 is 75% of the amount that would, in the absence of this subsection, be the minimum amount for the account for the year.
PART 2Canada Emergency Response Benefit Act
Marginal note:Enactment of Act
8 The Canada Emergency Response Benefit Act is enacted as follows:
An Act respecting income support payments for workers (coronavirus disease 2019)
Marginal note:Short title
1 This Act may be cited as the Canada Emergency Response Benefit Act.
Marginal note:Definitions
2 The following definitions apply in this Act.
- COVID-19
COVID-19 means the coronavirus disease 2019. (COVID-19)
- Minister
Minister means the Minister of Employment and Social Development. (ministre)
- week
week means the period of seven consecutive days beginning on and including Sunday. (semaine)
- worker
worker means a person who is at least 15 years of age, who is resident in Canada and who, for 2019 or in the 12-month period preceding the day on which they make an application under section 5, has a total income of at least $5,000 — or, if another amount is fixed by regulation, of at least that amount — from the following sources:
(a) employment;
(b) self-employment;
(c) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act; and
(d) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption. (travailleur)
Marginal note:Regulations — definition of worker
3 With the consent of the Minister of Finance, the Minister may, by regulation, fix an amount for the purposes of the definition worker in section 2.
Marginal note:Payment
4 The Minister must make an income support payment to a worker who makes an application under section 5 and who is eligible for the payment.
Marginal note:Application
5 (1) A worker may, in the form and manner established by the Minister, apply for an income support payment for any four-week period falling within the period beginning on March 15, 2020 and ending on October 3, 2020.
Marginal note:Limitation
(2) No worker is permitted to file an application after December 2, 2020.
Marginal note:Information
(3) An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Marginal note:Eligibility
6 (1) A worker is eligible for an income support payment if
(a) the worker, whether employed or self-employed, ceases working for reasons related to COVID-19 for at least 14 consecutive days within the four-week period in respect of which they apply for the payment; and
(b) they do not receive, in respect of the consecutive days on which they have ceased working,
(i) subject to the regulations, income from employment or self-employment,
(ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act,
(iii) allowances, money or other benefits paid to the worker under a provincial plan because of pregnancy or in respect of the care by the worker of one or more of their new-born children or one or more children placed with them for the purpose of adoption, or
(iv) any other income that is prescribed by regulation.
Marginal note:Exclusion
(2) An employed worker does not cease work for the purpose of paragraph (1)(a) if they quit their employment voluntarily.
Marginal note:Regulations
(3) The Minister may, by regulation,
Marginal note:Amount of payment
7 (1) The amount of an income support payment for a week is the amount fixed by regulation for that week.
Marginal note:Regulations
(2) With the consent of the Minister of Finance, the Minister may, by regulation, fix the amount of an income support payment for a week specified in the regulation.
Marginal note:Distinguishing — classes
(3) Regulations made under subsection (2) may distinguish among different classes of workers.
Marginal note:Maximum number of weeks
8 (1) The maximum number of weeks for which income support payments may be made to a worker is 16 weeks or, if another number of weeks is fixed by regulation, that number of weeks.
Marginal note:Regulations
(2) With the consent of the Minister of Finance, the Minister may, by regulation, fix a number of weeks for the purpose of subsection (1).
Marginal note:Social Insurance Number
9 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act.
Marginal note:Provision of information and documents
10 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Marginal note:Payments cannot be charged, etc.
11 An income support payment
(a) is not subject to the operation of any law relating to bankruptcy or insolvency;
(b) cannot be assigned, charged, attached or given as security;
(c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and
(d) is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act.
Marginal note:Return of erroneous payment or overpayment
12 (1) If the Minister determines that a person has received an income support payment to which the person is not entitled, or an amount in excess of the amount of such a payment to which the person is entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible.
Marginal note:Recovery as debt due to Her Majesty
(2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.
Marginal note:Certificate of default
(3) The amount of any debt referred to in subsection (2) may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
Marginal note:Limitation or prescription period
13 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable.
Marginal note:Deduction, set-off or compensation
(2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including an income support payment under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act.
Marginal note:Acknowledgment of liability
(3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.
Marginal note:Acknowledgment after expiry of limitation or prescription period
(4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Marginal note:Types of acknowledgment
(5) An acknowledgment of liability means
(a) a promise to pay the money owing, made by the person or their agent, mandatary or other representative;
(b) an acknowledgment of the money owing, made by the person or their agent, mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;
(c) a part payment by the person or their agent, mandatary or other representative of any money owing; or
(d) an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts by the person, their agent, mandatary or other representative or the trustee or administrator.
Marginal note:Limitation or prescription period suspended
(6) The running of a limitation or prescription period in respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act.
Marginal note:Enforcement proceedings
(7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Marginal note:No interest payable
14 No interest is payable on any amount owing to Her Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment.
PART 3Public Health Events of National Concern Payments Act
Enactment of Act
Marginal note:Enactment
9 The Public Health Events of National Concern Payments Act is enacted as follows:
An Act to authorize the making of payments in relation to public health events of national concern
Short Title
Marginal note:Short title
1 This Act may be cited as the Public Health Events of National Concern Payments Act.
Public Health Event of National Concern
Marginal note:Payments — public health event of national concern
2 (1) If, after consulting with the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, and any of the officers in the provinces and territories occupying a similar position that the Minister of Health considers appropriate in the circumstances, the Minister of Health determines that there is a public health event of national concern, then there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health, all money required to do anything in relation to that public health event of national concern.
Marginal note:Examples
(2) Things that may be done in relation to a public health event of national concern include
(a) acquiring medical supplies;
(b) providing assistance to provinces and territories to help cover the cost of safety and emergency response needs;
(c) providing income support, including the Canada emergency response benefit; and
(d) funding public health-related federal programs or covering expenses incurred by federal departments and agencies.
Marginal note:Definition of public health event of national concern
(3) In this section, public health event of national concern means an extraordinary event that constitutes a public health risk to Canadians through the spread of an infectious disease, such as the coronavirus disease 2019 (COVID-19), that requires a coordinated national or international response to prevent or control its spread or to protect against it.
Repeal
Marginal note:Repeal
10 The Public Health Events of National Concern Payments Act is repealed.
Coming into Force
Marginal note:September 30, 2020
11 Section 10 comes into force on September 30, 2020.
PART 4R.S., c. C-3Canada Deposit Insurance Corporation Act
Amendments to the Act
12 (1) Paragraph 12(c) of the Canada Deposit Insurance Corporation Act is replaced by the following:
(c) so much of any one deposit as exceeds the amount set out in subsection 12.01(1).
(2) Paragraph 12(c) of the Act is replaced by the following:
(c) so much of any one deposit as exceeds one hundred thousand dollars.
13 The Act is amended by adding the following after section 12:
Marginal note:Amount
12.01 (1) The amount referred to in paragraph 12(c) is one hundred thousand dollars, unless the Minister determines a greater amount, in which case the amount referred to in that paragraph is the amount that the Minister determines.
Marginal note:Publication in Canada Gazette
(2) As soon as feasible after making a determination under subsection (1), the Minister shall publish the amount in the Canada Gazette.
14 Section 12.01 of the Act is repealed.
Coming into Force
Marginal note:October 1, 2020
15 Subsection 12(2) and section 14 come into force on October 1, 2020.
PART 5R.S., c. C-7Canada Mortgage and Housing Corporation Act
16 Section 16 of the Canada Mortgage and Housing Corporation Act is replaced by the following:
Marginal note:Capital of Corporation
16 (1) The capital of the Corporation consists of the amount obtained by adding twenty-five million dollars and the aggregate of any amounts paid under subsection (2).
Marginal note:Authority to make capital payments
(2) At the request of the Corporation, the Minister of Finance may, with the approval of the Governor in Council, pay to the Corporation, out of the Consolidated Revenue Fund, amounts not exceeding the aggregate of
PART 6R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act
Amendments to the Act
17 (1) Subsection 10(1) of the Export Development Act is amended by adding the following before paragraph (b):
(a) supporting and developing, directly or indirectly, domestic business, at the request of the Minister and the Minister of Finance for a period specified by those Ministers;
(2) Section 10 of the Act is amended by adding the following after subsection (1):
Marginal note:Publication in Canada Gazette
(1.01) As soon as feasible after a request is made under paragraph (1)(a), the Minister shall publish in the Canada Gazette a notice of that fact as well as the dates on which the period to which the request relates begins and ends.
Marginal note:Complementary to commercial products and services
(1.02) The Corporation shall carry out its purposes, with regard to domestic business, in a manner that complements the products and services available from commercial financial institutions and commercial insurance providers.
(3) Subsections 10(3) and (3.1) of the Act are replaced by the following:
Marginal note:Limit of liability
(3) Subject to subsection (4), the contingent liability of the Corporation in respect of the principal amount owing under all outstanding arrangements entered into under paragraph (1.1)(b) shall at no time exceed
(a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and
(b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Marginal note:Publication in Canada Gazette
(3.1) As soon as feasible after determining or redetermining an amount under paragraph (3)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
18 Subsection 11(1) of the Act is replaced by the following:
Marginal note:Authorized capital
11 (1) The authorized capital of the Corporation is
(a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and
(b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Each share has a par value of $100.
Marginal note:Publication in Canada Gazette
(1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
19 Subsection 23(1) of the Act is replaced by the following:
Marginal note:Authorization of the Minister
23 (1) If the Corporation advises the Minister that it will not, without an authorization made under this section, enter into any transaction or class of transactions that it has the power to enter into under subsection 10(1.1) and the Minister is of the opinion that it is in the national interest that the Corporation enter into any such transaction or class of transactions, the Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to do so.
20 (1) The portion of subsection 24(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Limit of liability
24 (1) Subject to subsection (2), in respect of transactions entered into under section 23, the total of the following liabilities and obligations shall at no time exceed the amount referred to in paragraph (1.1)(a) or (b), as the case may be:
(2) Section 24 of the Act is amended by adding the following after subsection (1):
Marginal note:Determination of amount
(1.1) The amount which the total liabilities and obligations referred to in subsection (1) shall at no time exceed is
(a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and
(b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Marginal note:Publication in Canada Gazette
(1.2) As soon as feasible after determining or redetermining an amount under paragraph (1.1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
Suspension of Certain Provisions of the Export Development Canada Exercise of Certain Powers Regulations
Marginal note:Suspension
21 (1) If the Minister, as defined in section 2 of the Export Development Act, and the Minister of Finance specify a period under paragraph 10(1)(a) of that Act, subsections 5(2) and 6(2) and (3) of the Export Development Canada Exercise of Certain Powers Regulations do not apply for that period.
Marginal note:Transactions entered into during specified period
(2) Subsections 5(2) and 6(2) and (3) of the Export Development Canada Exercise of Certain Powers Regulations do not apply to a new transaction that Export Development Canada enters into during a period referred to in subsection (1), even after the expiry of that period. Even after the expiry of that period, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the transaction or that it considers related to the transaction.
Marginal note:Arrangement entered into before expiry of specified period
(3) The expiry of a period referred to in subsection (1) has no effect on any arrangement Export Development Canada entered into in order to carry out its purpose referred to in paragraph 10(1)(a) of the Export Development Act. Even after the expiry of that period, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the arrangement or that it considers related to the arrangement.
PART 7R.S., c. F-8; 1995, c. 17, s. 45Federal-Provincial Fiscal Arrangements Act
22 The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.703:
Additional Payments for Fiscal Year 2019–2020
Marginal note:Total payment of $500 million
24.71 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2019 equal to
(a) for Ontario, $193,721,000;
(b) for Quebec, $112,871,000;
(c) for Nova Scotia, $12,922,000;
(d) for New Brunswick, $10,340,000;
(e) for Manitoba, $18,216,000;
(f) for British Columbia, $67,464,000;
(g) for Prince Edward Island, $2,089,000;
(h) for Saskatchewan, $15,627,000;
(i) for Alberta, $58,141,000;
(j) for Newfoundland and Labrador, $6,952,000;
(k) for Yukon, $543,000;
(l) for the Northwest Territories, $598,000; and
(m) for Nunavut, $516,000.
PART 8R.S., c. F-11Financial Administration Act
Amendments to the Act
23 Section 44 of the Financial Administration Act is amended by adding the following after subsection (2):
Marginal note:Maximum — exception
(2.1) Any money borrowed under section 47 is not to be taken into account for the purpose of calculating the aggregate principal amount of money borrowed by the Minister under this section in any fiscal year.
24 The Act is amended by adding the following after section 46.1:
Marginal note:Exception
47 During the period beginning on the day on which this section comes into force and ending on September 30, 2020, the Minister may borrow money for
(a) the payment of any amount that is required to be paid in that period in respect of any money borrowed under the authority of this Act or any other Act of Parliament; or
(b) the payment, by Her Majesty, of any amount in extraordinary circumstances, including in the event of a natural disaster or to promote the stability or maintain the efficiency of the financial system in Canada, if the Minister is of the opinion that the borrowing of money is necessary in those circumstances.
25 (1) Subsection 49(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:
(a.2) the money that is borrowed under paragraph 47(b) and that is due; and
(2) The portion of subsection 49(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report on Minister’s plans
(2) The Minister shall cause to be tabled in each House of Parliament for every fiscal year, not later than the 30th day on which that House is sitting after the start of the fiscal year to which the report relates, a report on the Minister’s plans in relation to the following:
(3) Paragraphs 49(2)(a) and (b) of the English version of the Act are replaced by the following:
26 Section 49.1 of the Act is renumbered as subsection 49.1(1) and is amended by adding the following:
Marginal note:Report — borrowings in respect of extraordinary circumstances
(2) The Minister shall cause to be tabled in each House of Parliament a report on the money borrowed or to be borrowed under paragraph 47(b) within the first 30 days on which that House is sitting after the day on which the Minister first borrows money under that paragraph.
27 (1) The portion of subsection 60.2(1) of the Act before the first definition is replaced by the following:
Marginal note:Definitions
60.2 (1) The following definitions apply in this Part.
(2) The definition entity in subsection 60.2(1) of the Act is replaced by the following:
- entity
entity means an entity, including a trust, that, in the Minister’s opinion, is operating in Canada. (entité)
(3) Subsection 60.2(2) of the Act is replaced by the following:
Marginal note:Contracts and payments
(2) Subject to subsection (3), the Minister may, taking into account the interests of taxpayers,
(a) with the Governor in Council’s authorization, enter into, on behalf of Her Majesty in right of Canada, any contract that in the Minister’s opinion is necessary to promote the stability or maintain the efficiency of the financial system in Canada, including such a contract to
(i) purchase, acquire, hold, lend or sell or otherwise dispose of securities of an entity,
(ii) create a charge on, or right or interest in, securities of an entity held by the Minister,
(iii) make a loan to an entity,
(iv) provide a line of credit to an entity,
(v) guarantee any debt, obligation or financial asset of an entity, or
(vi) provide loan insurance or credit insurance for the benefit of an entity in respect of any debt, obligation or financial asset of the entity; and
(b) make payments to a province or territory — or, after consultation with a province or territory, to an entity — for the purposes of responding to a situation of significant and systemic economic and financial distress.
Marginal note:Contract with Her Majesty
(2.1) The Minister may enter into a contract under paragraph (2)(a) with Her Majesty in right of Canada.
Marginal note:Without Governor in Council’s authorization
(2.2) The Minister may enter into a contract under paragraph (2)(a) without the Governor in Council’s authorization until September 30, 2020.
Marginal note:Accountability to Parliament
(2.3) The Minister is to exercise his or her powers under subsection (2) within the framework of the Minister’s accountability to Parliament.
(4) The portion of subsection 60.2(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Non-application to certain entities
(3) Subparagraph (2)(a)(i) does not apply to
(5) Subsections 60.2(4) to (6) of the Act are replaced by the following:
Marginal note:Section 90 does not apply
(4) Section 90 does not apply if the Minister purchases, acquires or sells or otherwise disposes, under subparagraph (2)(a)(i), of shares within the meaning of that section.
Marginal note:Section 61 and Surplus Crown Assets Act do not apply
(5) Section 61 and the Surplus Crown Assets Act do not apply if the Minister holds, loans or sells or otherwise disposes of securities under subparagraph (2)(a)(i).
Marginal note:Payments out of C.R.F.
(6) Any amount payable under or in connection with a contract entered into under this section or any payment made under paragraph (2)(b) may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, at the times and in the manner that the Minister considers appropriate.
28 The Act is amended by adding the following after section 60.2:
Marginal note:Incorporation
60.3 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, with the Governor in Council’s authorization, procure the incorporation of a corporation, all of the shares of which are held by the Minister on behalf of Her Majesty in right of Canada.
Marginal note:Not agent of Her Majesty
(2) The corporation is not an agent of Her Majesty in right of Canada unless it is declared to be an agent of Her Majesty under an Act of Parliament.
Marginal note:Application of Part X
(3) Subject to any regulations made under subsection (4), Part X does not apply to the corporation.
Marginal note:Regulations
(4) The Minister may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of this Act or the Canada Business Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.
Marginal note:Directives
(5) The Minister may give a directive to the corporation.
Marginal note:Implementation
(6) The directors of the corporation shall ensure that a directive is implemented in a prompt and efficient manner.
Marginal note:Best interests
(7) Compliance by the corporation with a directive is deemed to be in the best interests of the corporation.
Marginal note:Terms and conditions
(8) The Minister may, by order, establish terms and conditions in accordance with which the corporation shall enter into financial transactions.
Marginal note:Contract with Her Majesty
(9) The corporation may enter into a contract with Her Majesty in right of Canada.
Marginal note:Payments out of C.R.F.
(10) The Minister may make payments to the corporation out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
Marginal note:Loans to corporation
(11) The Minister may, out of the Consolidated Revenue Fund, lend money to the corporation on any terms and conditions that the Minister may fix.
Marginal note:Powers of Minister
(12) The Minister may merge, sell, wind-up or dissolve the corporation, dispose of any or all shares of the corporation or take other similar measures in respect of the corporation.
Marginal note:Statutory Instruments Act
(13) The Statutory Instruments Act does not apply to a directive given under subsection (5) or to an order made under subsection (8).
Marginal note:Publication in Canada Gazette
(14) The Minister shall publish a directive given under subsection (5) or an order made under subsection (8) in the Canada Gazette.
Marginal note:Entity other than corporation
60.4 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, with the Governor in Council’s authorization, establish an entity, other than a corporation, on any terms and conditions that the Minister considers appropriate.
Marginal note:Payments out of C.R.F.
(2) The Minister may make payments to the entity out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
Marginal note:Loans to entity
(3) The Minister may, out of the Consolidated Revenue Fund, lend money to the entity on any terms and conditions that the Minister may fix.
2017, c. 20, s. 103Related Amendments to the Borrowing Authority Act
29 Section 5 of the Borrowing Authority Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) amounts borrowed by the Minister under an order made under paragraph 46.1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under
(c) amounts borrowed by the Minister under paragraph 47(b) of that Act; and
(d) amounts borrowed by the Minister under paragraph 47(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under paragraph 47(b) of that Act.
30 Section 6 of the Act is replaced by the following:
Marginal note:Exception — maximum amount exceeded
6 The Minister may borrow an amount under an order made under paragraph 46.1(a) or (b) of the Financial Administration Act or an amount under paragraph 47(a) of that Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded.
31 Subsection 8(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) the total amount of money borrowed under each of paragraphs 47(a) and (b) of that Act; and
R.S., c. C-3Consequential Amendment to the Canada Deposit Insurance Corporation Act
32 The portion of subsection 10.1(3) of the Canada Deposit Insurance Corporation Act before paragraph (a) is replaced by the following:
Marginal note:Total indebtedness
(3) The total principal indebtedness outstanding at any time in respect of borrowings by the Corporation under subsections (1) and (2), excluding the borrowings under subparagraph 60.2(2)(a)(iii) of the Financial Administration Act, shall not exceed
PART 9R.S., c. F-27Food and Drugs Act
Amendments to the Act
33 (1) Subsection 30(1) of the Food and Drugs Act is amended by adding the following after paragraph (k.1):
(k.2) requiring persons to provide information to the Minister in respect of food, drugs, cosmetics or devices — or in respect of activities related to food, drugs, cosmetics or devices — in circumstances other than those provided for in this Act and authorizing the Minister to determine the information to be provided and the time and manner in which it is to be provided;
(2) Paragraph 30(1)(k.2) of the Act is repealed.
(3) Section 30 of the Act is amended by adding the following after subsection (1.3):
Marginal note:Regulations — preventing or alleviating shortages
(1.4) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health.
(4) Subsection 30(1.4) of the Act is repealed.
34 (1) Subsection 37(1.2) of the Act is replaced by the following:
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations applies to any food, drug, cosmetic or device.
(2) Subsection 37(1.2) of the Act is replaced by the following:
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.
Coming into Force
Marginal note:October 1, 2020
35 Subsections 33(2) and (4) and 34(2) come into force on October 1, 2020.
PART 10R.S., c. L-2Canada Labour Code
Amendments to the Act
36 The Canada Labour Code is amended by adding the following after section 168:
Marginal note:Leave — entitlement without certificate
168.1 (1) Despite any provision of this Part and the regulations made under this Part, an employee may exercise their entitlement to and shall be granted a leave of absence under section 206.3, 206.4 or 239 even if a certificate is not issued by a health care practitioner. The conditions and requirements in those sections with respect to such a certificate are deemed to be of no effect.
Marginal note:Documentation not required
(2) Despite subsection 207.3(4), an employee is not required to provide the employer with any documentation referred to in that subsection in respect of a leave of absence taken under section 206.4.
Marginal note:Repeal
(3) This section is repealed on September 30, 2020.
37 (1) Subsection 187.1(1) of the Act is replaced by the following:
Marginal note:Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).
(2) Subsection 187.1(1) of the Act is replaced by the following:
Marginal note:Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).
(3) Subsection 187.1(3) of the Act is replaced by the following:
Marginal note:Application of subsection 239(7)
(3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.
(4) Section 187.1 of the Act is amended by adding the following after subsection (3):
Marginal note:Application of subsection 239.01(7)
(3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(7) applies to them as if they did not resume the vacation before returning to work.
(5) Subsection 187.1(3.1) of the Act is repealed.
38 (1) Subsection 187.2(1) of the Act is replaced by the following:
Marginal note:Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends.
(2) Subsection 187.2(1) of the Act is replaced by the following:
Marginal note:Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends.
39 (1) Subsection 206.1(2.1) of the Act is replaced by the following:
Marginal note:Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(2) Subsection 206.1(2.1) of the Act is replaced by the following:
Marginal note:Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(3) Subsection 206.1(2.4) of the Act is replaced by the following:
Marginal note:Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(4) Subsection 206.1(2.4) of the Act is replaced by the following:
Marginal note:Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(5) Subsection 206.1(4) of the Act is replaced by the following:
Marginal note:Exception — medical leave
(4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1) or (1.1).
(6) Section 206.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Exception — leave related to COVID-19
(4.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1).
(7) Subsection 206.1(4.1) of the Act is repealed.
40 (1) Subsection 207.02(1) of the Act is replaced by the following:
Marginal note:Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).
(2) Subsection 207.02(1) of the Act is replaced by the following:
Marginal note:Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).
(3) Subsection 207.02(3) of the Act is replaced by the following:
Marginal note:Exception — medical leave
(3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1) or (1.1).
(4) Section 207.02 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception — leave related to COVID-19
(3.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1).
(5) Subsection 207.02(3.1) of the Act is repealed.
41 Section 239 of the Act is amended by adding the following after subsection (1):
Marginal note:Entitlement to leave — quarantine
(1.1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 16 weeks as a result of quarantine.
42 (1) The Act is amended by adding the following after section 239:
DIVISION XIII.01Leave Related to COVID-19
Marginal note:Entitlement to leave
239.01 (1) Subject to subsection (2), every employee is entitled to and shall be granted a leave of absence from employment of up to 16 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).
Marginal note:Notice to employer
(2) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
Marginal note:Change in length of leave
(3) An employee must, as soon as possible, give written notice to the employer of any change in the length of the leave of absence taken under this Division.
Marginal note:Written declaration
(4) The employer may require an employee to provide a written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.
Marginal note:Employment opportunities
(5) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.
Marginal note:Prohibition
(6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
Marginal note:Exception
(7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
Marginal note:Benefits continue
(8) The pension, health and disability benefits and the seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
Marginal note:Contributions by employee
(9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
Marginal note:Contributions by employer
(10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Marginal note:Failure to pay contributions
(11) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (9) and (10), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Marginal note:Deemed continuous employment
(12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence.
Marginal note:Regulations
(13) The Governor in Council may, by regulation,
(2) Division XIII.01 of the Act is repealed.
43 (1) Paragraph 246.1(1)(a) of the Act is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;
(2) Paragraph 246.1(1)(a) of the Act is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
2018, c. 27Consequential Amendment to the Budget Implementation Act, 2018, No. 2
44 Section 493 of the Budget Implementation Act, 2018, No. 2 is amended by replacing the paragraph 246.1(1)(a) that it enacts with the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;
Coordinating Amendments
Marginal note:2018, c. 27
45 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.
(2) If section 493 of the other Act comes into force before subsection 43(2) of this Act, then, on the day on which that subsection 43(2) comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
(3) If subsection 43(2) of this Act comes into force before section 493 of the other Act, then, on the day on which that section 493 comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
(4) If subsection 43(2) of this Act and section 493 of the other Act come into force on the same day, then that subsection 43(2) is deemed to come into force before that section 493 and subsection (3) applies as a consequence.
Coming into Force
Marginal note:October 1, 2020
46 Subsections 37(2), (3) and (5), 38(2), 39(2), (4), (5) and (7) and 40(2), (3) and (5), section 41 and subsections 42(2) and 43(2) come into force on October 1, 2020.
PART 11R.S., c. N-11National Housing Act
Amendments to the Act
47 (1) Paragraph 11(a) of the National Housing Act is replaced by the following:
(a) three hundred billion dollars, and
(2) Paragraph 11(a) of the Act is replaced by the following:
(a) one hundred and fifty billion dollars, and
48 The Act is amended by adding the following after section 11:
Marginal note:Maximum total as of day section comes into force
11.1 For greater certainty, the amount that the total of the outstanding insured amounts of all insured loans may not exceed is, as of the day on which this section comes into force, seven hundred and fifty billion dollars.
49 Section 11.1 of the Act is repealed.
Coming into Force
Marginal note:Fifth anniversary
50 Subsection 47(2) and section 49 come into force on the fifth anniversary of the day on which subsection 47(1) comes into force.
PART 12R.S., c. P-4Patent Act
51 The Patent Act is amended by adding the following after section 19.3:
Marginal note:Application by Minister
19.4 (1) The Commissioner shall, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to the public health emergency described in the application.
Marginal note:Contents of application
(2) The application must
(a) set out the name of the patentee and the number, as recorded in the Patent Office, of the patent issued in respect of the patented invention;
(b) include a confirmation that the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, believes that there is a public health emergency that is a matter of national concern;
(c) include a description of the public health emergency; and
(d) specify a person, if any, that is to be authorized to make, construct, use and sell the patented invention for the purposes of responding to the public health emergency.
Marginal note:Cessation of effect
(3) The authorization ceases to have effect the earlier of
Marginal note:Notice
(4) The Commissioner shall notify the patentee of any authorization that is granted under this section and provide them with the information referred to in subsection (2).
Marginal note:Payment of remuneration
(5) The Government of Canada and any person authorized under subsection (1) shall pay the patentee any amount that the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization and the extent to which they make, construct, use and sell the patented invention.
Marginal note:Authorization not transferable
(6) An authorization granted under this section is not transferable.
Marginal note:For greater certainty
(7) For greater certainty, the use or sale, in relation to a public health emergency, of a patented invention that is made or constructed in accordance with an authorization granted under this section is not an infringement of the patent.
Marginal note:Power of Federal Court
(8) On the application of the patentee, the Federal Court may make an order requiring the Government of Canada or any person authorized under subsection (1) to cease making, constructing, using or selling the patented invention in a manner that is inconsistent with the authorization granted under this section.
Marginal note:Restriction
(9) The Commissioner shall not make an authorization under subsection (1) after September 30, 2020.
PART 13R.S., c. S-23Canada Student Loans Act
52 The Canada Student Loans Act is amended by adding the following after section 11.1:
Period — March 30, 2020 to September 30, 2020
Marginal note:Suspension of interest and payments
11.2 During the period that begins on March 30, 2020 and ends on September 30, 2020,
PART 141993, c. 14; 2001, c. 22, s. 2Farm Credit Canada Act
53 (1) Subsection 11(1) of the Farm Credit Canada Act is replaced by the following:
Marginal note:Capital payments
11 (1) At the request of the Corporation, the Minister of Finance may pay to the Corporation out of the Consolidated Revenue Fund
(a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, amounts not exceeding in the aggregate the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and
(b) on and after October 1, 2020, amounts not exceeding in the aggregate an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, the last amount so determined.
Marginal note:Publication in Canada Gazette
(1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
(2) Subsection 11(2) of the French version of the Act is replaced by the following:
Marginal note:Capital
(2) Le total des versements visés au paragraphe (1) constitue, avec le montant des bénéfices non répartis de la Société — lequel peut être négatif —, le capital de celle-ci.
(3) Subsection 11(3) of the Act is repealed.
PART 151994, c. 28Canada Student Financial Assistance Act
54 The Canada Student Financial Assistance Act is amended by adding the following after section 9.2:
Period — March 30, 2020 to September 30, 2020
Marginal note:Suspension of interest and payments
9.3 During the period that begins on March 30, 2020 and ends on September 30, 2020,
PART 161995, c. 28Business Development Bank of Canada Act
55 Subsection 23(1) of the Business Development Bank of Canada Act is replaced by the following:
Marginal note:Authorized capital
23 (1) The authorized capital of the Bank consists of an unlimited number of common shares with a par value of $100 each and an unlimited number of preferred shares without par value, but the paid-in capital of the Bank, together with any contributed surplus relating to it and any proceeds referred to in paragraph 30(2)(d) that have been prescribed as equity, must not at any time exceed
(a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and
(b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Marginal note:Publication in Canada Gazette
(1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
PART 172014, c. 20, s. 483Apprentice Loans Act
56 The Apprentice Loans Act is amended by adding the following after section 8:
Period — March 30, 2020 to September 30, 2020
Marginal note:Suspension of interest and payments
8.1 During the period that begins on March 30, 2020 and ends on September 30, 2020,
PART 18Employment Insurance
DIVISION 11996, c. 23Employment Insurance Act
57 The Employment Insurance Act is amended by adding the following after section 153.2:
PART VIII.3Interim Orders
Marginal note:COVID-19
153.3 (1) The Minister may, for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19), make interim orders that
(a) add provisions, including provisions that provide for new benefits, to this Act or any regulation made under this Act;
(b) adapt provisions of this Act or any regulation made under this Act; or
(c) provide that any provisions of this Act or a regulation made under this Act do not apply in whole or in part.
Marginal note:Restriction
(2) An interim order is not to be made under subsection (1) in respect of Part IV or VII or in respect of a regulation made under this Act for the purposes of those Parts.
Marginal note:Condition precedent — Minister of Finance
(3) An interim order is not to be made under subsection (1) without the consent of the Minister of Finance.
Marginal note:Condition precedent — President of the Treasury Board
(4) An interim order is not to be made under subsection (1) in respect of Part III or in respect of a regulation made under this Act for the purposes of that Part without the additional consent of the President of the Treasury Board.
Marginal note:Consultation with Commission
(5) For greater certainty, the Minister may consult the Commission before making an interim order under subsection (1).
Marginal note:Retroactive effect
(6) An interim order made under subsection (1) may, if it so provides, have retroactive effect.
Marginal note:Cessation of effect
(7) An interim order made under subsection (1) must contain provisions that cause any provision added under paragraph (1)(a), any adaptation made under paragraph (1)(b) and any non-application provision made under paragraph (1)(c) to cease to apply on the earliest of
Marginal note:Conflict
(8) If an interim order made under subsection (1) or a provision added under paragraph (1)(a) provides that it applies despite any provision of this Act or any regulation made under this Act, the interim order or added provision prevails to the extent that it conflicts with this Act or any regulation made under this Act.
Marginal note:Restriction
(9) The power to make an interim order under subsection (1) is not to be exercised after September 30, 2020.
Marginal note:Accessory orders
153.4 The Minister may make orders for the purpose of ensuring that interim orders made under subsection 153.3(1) only have temporary effect, including orders that repeal any provision added under paragraph 153.3(1)(a).
DIVISION 2Medical Certificates
Marginal note:Medical certificates
58 (1) Despite any provision of the Employment Insurance Act and of any regulations made under it,
(a) every reference in any provision of that Act or those regulations to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect; and
(b) any benefit that would have been payable to a claimant had such a certificate been issued is payable to them if the Commission is satisfied that they are entitled to the benefit.
Marginal note:Application of provisions
(2) The Commission is authorized to apply the provisions of the Employment Insurance Act and of the regulations in the manner that it considers most appropriate for the purpose of applying subsection (1).
Marginal note:Duration
(3) Subsections (1) and (2) apply until September 30, 2020.
Marginal note:Words and expressions
(4) Words and expressions used in this section and section 60 have the same meaning as in the Employment Insurance Act.
Marginal note:Repeal
59 Section 58 is repealed.
Marginal note:Transitional provision
60 Section 58, as it read immediately before the day fixed under section 61, continues to apply in respect of any claimant whose benefit period begins before that day.
Marginal note:October 1, 2020
61 Section 59 comes into force on October 1, 2020.
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