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Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

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Assented to 2024-06-20

PART 4Various Measures (continued)

DIVISION 38Immigrant Stations (continued)

1992, c. 20Corrections and Conditional Release Act (continued)

389 The heading before section 94.1 and sections 94.1 to 94.8 of the Act are repealed.

2001, c. 27Immigration and Refugee Protection Act

390 (1) Section 142 of the Immigration and Refugee Protection Act is renumbered as subsection 142(1) and is amended by adding the following:
- Marginal note:Definition of immigrant station
  (2) In this section, immigrant station means, subject to subsection (3), a facility that is operated by the Canada Border Services Agency — or used by a peace officer or any party to an agreement or arrangement entered into under paragraph 13(2)(b) of the Canada Border Services Agency Act — for the purpose of detaining persons under this Act.
- Marginal note:Area of a penitentiary
  (3) An area of a penitentiary, as defined in subsection 2(1) of the Corrections and Conditional Release Act, may be an immigrant station only if it is designated under subsection 94.4(1) of that Act.
- Marginal note:Detention
  (4) A person detained under this Act must not be detained in a designated immigrant station, as defined in section 94.1 of the Corrections and Conditional Release Act, unless, subject to subsections (5) to (7), the Minister determines that the person is to be detained in a designated immigrant station because the person requires a high degree of supervision and control, based on
  - (a) the nature and level of the danger to the public that the person poses, having regard to any of the following factors:
    (i) any conviction in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,
    (ii) any conviction outside Canada for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,
    (iii) any pending charges in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,
    (iv) any pending charges outside Canada, for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,
    (v) association with a criminal organization, within the meaning of subsection 121.1(1), or
    (vi) association with an organization that engages, or has engaged, in terrorism; or
  - (b) any serious non-compliance by the person with the rules, applicable in an immigrant station, any other detention facility or any correctional facility where the person is or has been detained, with respect to
    (i) the possession of weapons or the possession of or dealing in controlled substances, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, or
    (ii) violent or aggressive behaviour towards any other person.
- Marginal note:Minor children
  (5) The Minister must not determine that a minor child detained under this Act is to be detained in a designated immigrant station.
- Marginal note:Requirements prior to determination
  (6) Before determining that a person detained under this Act is to be detained in a designated immigrant station, the Minister must
  - (a) provide the person with a written notice informing them that the Minister is considering making a determination that the person is to be detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel;
  - (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a); and
  - (c) consider the person’s state of health and health care needs, including with respect to their mental health.
- Marginal note:Written reasons
  (7) If the Minister determines that a person detained under this Act is to be detained in a designated immigrant station, the Minister must provide the person with written reasons for the determination before the person is detained in a designated immigrant station.
- Marginal note:Emergencies
  (8) Subsections (6) and (7) do not apply in an emergency in which a person detained under the Act must be immediately detained in a designated immigrant station because of a risk to the safety of the person or to other persons in, or a risk to the security of, the immigrant station where the person is or would otherwise be detained.
- Marginal note:Rights of person detained
  (9) If a person is detained in a designated immigrant station in the circumstances described in subsection (8), the Minister must
  - (a) as soon as feasible after the person is detained in the designated immigrant station, provide the person with a written notice informing them that the Minister is considering making a determination that the person is to remain detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel; and
  - (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a).
- Marginal note:Written reasons
  (10) If the Minister determines that a person detained in a designated immigrant station in the circumstances described in subsection (8) is to remain detained in the designated immigrant station, the Minister must provide the person with written reasons for the determination.
(2) Subsections 142(2) to (10) of the Act are repealed.

Transitional Provision

391 On the coming into force of section 389, any arrangement entered into under section 94.3 of Corrections and Conditional Release Act that is still in effect is terminated and any designation made under subsection 94.4(1) of that Act is revoked.

Coordinating Amendment

Marginal note:2019, c. 27

392 If section 18 of An Act to amend the Corrections and Conditional Release Act and another Act comes into force before section 387 of this Act, then, on the first day on which both that section 18 and section 386 of this Act are in force, section 58.1 of the Corrections and Conditional Release Act is replaced by the following:

Marginal note:Definition of visitor

58.1 Despite the definition visitor in subsection 2(1), in sections 59, 60 and 60.1 visitor does not include an immigration detainee, as defined in section 94.1.

Coming into Force

Marginal note:Fifth anniversary of royal assent

393 Subsection 385(2), sections 387 and 389 and subsection 390(2) come into force on the fifth anniversary of the day on which this Act receives royal assent.

DIVISION 39Measures Related to Public Debt and the Borrowing of Money

SUBDIVISION AR.S., c. F-11Financial Administration Act

394 (1) Subsection 44(3) of the French version of the Financial Administration Act is replaced by the following:
- Marginal note:Pouvoirs relatifs aux emprunts
  (3) S’il l’estime indiqué, le ministre peut, sous réserve des conditions éventuellement précisées par le gouverneur en conseil, conclure des contrats ou des accords, émettre des titres et prendre toute autre mesure se rapportant aux emprunts.
(2) Section 44 of the Act is amended by adding the following after subsection (3):
- Marginal note:Non-application of regulations and directions
  (3.1) Regulations and directions made under subsection 41(1) do not apply in respect of contracts entered into under subsection (3).

SUBDIVISION B2017, c. 20, s. 103Borrowing Authority Act

Amendment to the Act

395 The portion of section 4 of the Borrowing Authority Act before paragraph (a) is replaced by the following:

Marginal note:Maximum amount that may be borrowed

4 Despite section 3 and any other Act of Parliament, but subject to section 6, the total of the following amounts must not at any time exceed $2,126,000,000,000:

Coordinating Amendments

Marginal note:This Act

396 If, on the day on which this Act receives royal assent, paragraph 4(b) of the Borrowing Authority Act is not amended by any other provision of this Act, then

(a) section 395 of this Act is deemed never to have come into force and is repealed; and
(b) the portion of section 4 of the Borrowing Authority Act before paragraph (a) is replaced by the following:
Marginal note:Maximum amount that may be borrowed
4 Despite section 3 and any other Act of Parliament, but subject to section 6, the total of the following amounts must not at any time exceed $2,228,000,000,000:

DIVISION 40Legislation Related to Financial Institutions (Diversity Disclosure)

1991, c. 45Trust and Loan Companies Act

397 The Trust and Loan Companies Act is amended by adding the following after section 162:

Disclosure Relating to Diversity

Marginal note:Diversity

162.1 (1) The directors of a company of a prescribed class must make available, in accordance with regulations made under subsection (2), prescribed information respecting diversity among directors and members of senior management, as defined by regulation, at the same time that a notice of annual meeting is sent under subsection 141(1) to shareholders entitled to receive that notice and to the Superintendent.
Marginal note:Regulations
(2) For the purposes of subsection (1), the Governor in Council may make regulations respecting the disclosure of information related to diversity among the directors and members of senior management of a company of a prescribed class.

1991, c. 46Bank Act

398 The Bank Act is amended by adding the following after section 214:

Disclosure Relating to Diversity

Marginal note:Diversity

214.1 (1) The directors of a bank of a prescribed class must make available, in accordance with regulations made under subsection (2), information respecting diversity among directors and members of senior management, as defined by regulation, at the same time that a notice of annual meeting is sent under subsection 138(1) to shareholders or members entitled to receive that notice and to the Superintendent.
Marginal note:Regulations
(2) For the purposes of subsection (1), the Governor in Council may make regulations respecting the disclosure of information related to diversity among the directors and members of senior management of a bank of a prescribed class.

399 The Act is amended by adding the following after section 801:

Disclosure Relating to Diversity

Marginal note:Diversity

801.1 (1) The directors of a bank holding company of a prescribed class must make available, in accordance with regulations made under subsection (2), information respecting diversity among directors and members of senior management, as defined by regulation, at the same time that a notice of annual meeting is sent under subsection 727(1) to shareholders entitled to receive that notice and to the Superintendent.
Marginal note:Regulations
(2) For the purposes of subsection (1), the Governor in Council may make regulations respecting the disclosure of information related to diversity among the directors and members of senior management of a bank holding company of a prescribed class.

1991, c. 47Insurance Companies Act

400 The Insurance Companies Act is amended by adding the following after section 166:

Disclosure Relating to Diversity

Marginal note:Diversity

166.1 (1) The directors of a company of a prescribed class must make available, in accordance with regulations made under subsection (2), information respecting diversity among directors and members of senior management, as defined by regulation, at the same time that a notice of annual meeting is sent under subsection 143(1) to shareholders and policy holders entitled to receive that notice and to the Superintendent.
Marginal note:Regulations
(2) For the purposes of subsection (1), the Governor in Council may make regulations respecting the disclosure of information related to diversity among the directors and members of senior management of a company of a prescribed class.

401 The Act is amended by adding the following after section 795:

Disclosure Relating to Diversity

Marginal note:Diversity

795.1 (1) The directors of an insurance holding company of a prescribed class must make available, in accordance with regulations made under subsection (2), information respecting diversity among directors and members of senior management, as defined by regulation, at the same time that a notice of annual meeting is sent under subsection 767(1) to shareholders entitled to receive that notice and to the Superintendent.
Marginal note:Regulations
(2) For the purpose of subsection (1), the Governor in Council may make regulations respecting the disclosure of information related to diversity among the directors and members of senior management of an insurance holding company of a prescribed class.

Coming into Force

Marginal note:Order in council

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