Short Title

Marginal note:Short title

1 This Act may be cited as the Economic Action Plan 2015 Act, No. 1.

PART 1Amendments to the Income Tax Act and to Related Legislation

Income Tax Act

2 [Amendment]

3 [Amendment]

4 [Amendment]

5 [Amendment]

6 [Amendment]

7 [Amendments]

8 [Amendment]

9 [Amendment]

10 [Amendment]

11 [Amendment]

12 [Amendments]

13 [Amendment]

14 [Amendment]

15 [Amendment]

16 [Amendment]

17 [Amendment]

18 [Amendments]

19 [Amendment]

Income Tax Regulations

20 [Amendments]

21 [Amendment]

22 [Amendment]

23 [Amendments]

24 [Amendment]

25 [Amendment]

26 [Amendment]

Canada Pension Plan Regulations

27 [Amendments]

Insurable Earnings and Collection of Premiums Regulations

28 [Amendments]

PART 2Support for Families

DIVISION 1Income Tax Act

29 [Amendment]

30 [Amendment]

31 [Amendments]

32 [Amendment]

33 [Amendment]

34 [Amendment]

DIVISION 2Universal Child Care Benefit Act

Amendments to the Act

35 [Amendment]

36 [Amendment]

37 [Amendments]

Related Amendments to the Children’s Special Allowances Act

38 [Amendment]

39 [Amendment]

Coming into Force

Marginal note:July 1, 2015

40 This Division comes into force, or is deemed to have come into force, on July 1, 2015.

PART 3Various Measures

DIVISION 1Federal Balanced Budget Act

Enactment of Act

Marginal note:Enactment

41 The Federal Balanced Budget Act, whose text is as follows and whose schedule is set out in Schedule 1 to this Act, is enacted:

[See Federal Balanced Budget Act]

DIVISION 2Prevention of Terrorist Travel Act

Enactment of Act

Marginal note:Enactment

42 The Prevention of Terrorist Travel Act is enacted as follows:

[See Prevention of Terrorist Travel Act]

Related Amendment to the Canada Evidence Act

43 [Amendment]

DIVISION 3Intellectual Property

Industrial Design Act

44 [Amendment]

45 [Amendment]

46 [Amendment]

47 [Amendments]

48 [Amendment]

49 [Amendment]

Patent Act

54 [Amendment]

55 [Amendment]

60 [Amendment]

63 [Amendment]

Trade-marks Act

66 [Amendment]

68 [Amendment]

69 [Amendments]

Coordinating Amendments

70 [Amendments]

71 [Amendments]

Coming into Force

Marginal note:Order in council — Industrial Design Act

• 72 Footnote ^*(1) Sections 44, 45 and 47 to 49 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 102 to 113 of the Economic Action Plan 2014 Act, No. 2 come into force.

  • Return to footnote ^*[Note: Sections 44, 45 and 47 to 49 not in force.]

• Marginal note:Order in council — Patent Act

  Footnote ^*(2) Sections 50 to 53, 55 to 62, 64 and 65 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 114 to 141 of the Economic Action Plan 2014 Act, No. 2 come into force.

  • Return to footnote ^*[Note: Sections 50 to 53, 55 to 62, 64 and 65 not in force.]

• Marginal note:Order in council — Trade-marks Act

  Footnote ^*(3) Section 67 and subsection 69(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 357 of the Economic Action Plan 2014 Act, No. 1 comes into force.

  • Return to footnote ^*[Note: Section 67 and subsection 69(2) not in force.]

• Marginal note:Order in council — sections 46, 63 and 68

  Footnote ^*(4) Sections 46, 63 and 68 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 46, 63 and 68 not in force.]

• Marginal note:Twelve months after royal assent

  Footnote ^*(5) Sections 54 and 66 come into force 12 months after the day on which this Act receives royal assent.

  • Return to footnote ^*[Note: Sections 54 and 66 in force June 24, 2016.]

• Marginal note:Subsection 69(1)

  Footnote ^*(6) Subsection 69(1) comes into force on the first day on which both section 359 of the Economic Action Plan 2014 Act, No. 1 and section 68 are in force.

  • Return to footnote ^*[Note: Subsection 69(1) not in force.]

DIVISION 4Compassionate Care Leave and Benefits

Canada Labour Code

73 [Amendments]

Employment Insurance Act

74 [Amendments]

75 [Amendments]

76 [Amendment]

77 [Amendments]

78 [Amendments]

Transitional Provisions

Coming into Force

Marginal note:January 3, 2016

80 This Division comes into force on January 3, 2016.

DIVISION 5Copyright Act

81 [Amendments]

82 [Related Provision]

DIVISION 6Export Development Act

Amendments to the Act

83 [Amendment]

84 [Amendments]

85 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*86 This Division comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Division 6 not in force.]

DIVISION 7Canada Labour Code

Amendments to the Act

87 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*93 The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: The provisions of Division 7 not in force.]

DIVISION 8Members of Parliament Retiring Allowances Act

94 [Amendment]

95 [Amendment]

96 [Amendment]

DIVISION 9National Energy Board Act

97 [Amendments]

DIVISION 10Parliament of Canada Act

Amendments to the Act

98 [Amendment]

Transitional Provisions

99 [Transitional Provision]

100 [Transitional Provision]

101 [Transitional Provision]

102 [Transitional Provision]

103 [Transitional Provision]

104 [Transitional Provision]

105 [Transitional Provision]

106 [Transitional Provision]

107 [Transitional Provision]

108 [Transitional Provision]

109 [Transitional Provision]

110 [Transitional Provision]

111 [Transitional Provision]

112 [Transitional Provision]

113 [Transitional Provision]

114 [Transitional Provision]

115 [Transitional Provision]

116 [Transitional Provision]

117 [Transitional Provision]

118 [Transitional Provision]

119 [Transitional Provision]

120 [Transitional Provision]

121 [Transitional Provision]

122 [Transitional Provision]

Consequential Amendments

Canada Post Corporation Act

123 [Amendment]

Federal Courts Act

124 [Amendment]

Financial Administration Act

125 [Amendments]

Garnishment, Attachment and Pension Diversion Act

126 [Amendment]

127 [Amendment]

128 [Amendment]

129 [Amendments]

130 [Amendments]

131 [Amendments]

132 [Amendments]

133 [Amendments]

134 [Amendment]

135 [Amendment]

Government Employees Compensation Act

136 [Amendment]

Public Service Superannuation Act

137 [Amendment]

Radiocommunication Act

138 [Amendments]

Parliamentary Employment and Staff Relations Act

139 [Amendment]

140 [Amendment]

141 [Amendment]

142 [Amendment]

Non-smokers’ Health Act

143 [Amendment]

Official Languages Act

144 [Amendment]

145 [Amendment]

146 [Amendments]

147 [Amendment]

148 [Amendment]

149 [Amendment]

Public Sector Compensation Act

150 [Amendment]

Public Service Employment Act

151 [Amendment]

Expenditure Restraint Act

152 [Amendment]

DIVISION 11Employment Insurance Act

Amendments to the Act

153 [Amendment]

154 [Amendment]

155 [Amendment]

156 [Amendment]

157 [Amendment]

Transitional Provision

158 [Transitional Provision]

Consequential Amendments

Modernization of Benefits and Obligations Act

159 [Amendment]

Budget Implementation Act, 2000

160 [Amendment]

DIVISION 12Canada Small Business Financing Act

161 [Amendment]

162 [Amendments]

163 [Amendment]

DIVISION 13Personal Information Protection and Electronic Documents Act

164 [Amendment]

165 [Amendment]

166 [Amendment]

DIVISION 14Proceeds of Crime (Money Laundering) and Terrorist Financing Act

167 [Amendment]

DIVISION 15Immigration and Refugee Protection Act

Amendments to the Act

168 [Amendment]

169 [Amendments]

170 [Amendment]

171 [Amendments]

172 [Amendment]

173 [Amendment]

174 [Amendment]

175 [Amendment]

Coming into Force

Marginal note:Order in council

• 176 Footnote ^*(1) Sections 168 and 170, subsection 171(2) and section 174 come into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 168 and 170, subsection 171(2) and section 174 not in force.]

• Marginal note:Order in council

  Footnote ^*(2) Subsections 169(1) and (2) and 171(1) and (3) and sections 172, 173 and 175 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Subsections 169(1) and (2) and 171(1) and (3) and sections 172, 173 and 175 not in force.]

DIVISION 16First Nations Fiscal Management Act

Amendments to the Act

177 [Amendments]

178 [Amendments]

179 [Amendments]

180 [Amendments]

181 [Amendments]

182 [Amendment]

183 [Amendment]

184 [Amendment]

185 [Amendment]

186 [Amendments]

187 [Amendment]

188 [Amendment]

189 [Amendments]

190 [Amendments]

191 [Amendments]

192 [Amendments]

193 [Amendment]

194 [Amendment]

195 [Amendment]

196 [Amendment]

197 [Amendment]

198 [Amendment]

199 [Amendment]

200 [Amendment]

201 [Amendment]

202 [Amendment]

203 [Amendment]

204 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*205 The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: The provisions of Division 16 not in force.]

DIVISION 17Canadian Forces Members and Veterans Re-establishment and Compensation Act

Amendments to the Act

206 [Amendment]

207 [Amendment]

208 [Amendment]

209 [Amendments]

210 [Amendment]

211 [Amendment]

212 [Amendment]

213 [Amendment]

214 [Amendment]

215 [Amendment]

216 [Amendment]

217 [Amendment]

218 [Amendment]

219 [Amendment]

220 [Amendment]

221 [Amendment]

222 [Amendments]

223 [Amendment]

224 [Amendment]

225 [Amendments]

Consequential Amendments to the Veterans Review and Appeal Board Act

226 [Amendment]

227 [Amendments]

Coordinating Amendment

228 [Amendment]

Coming into Force

Marginal note:July 1, 2015

229 This Division comes into force, or is deemed to have come into force, on July 1, 2015.

DIVISION 18Ending the Long-gun Registry Act

230 [Amendment]

231 [Amendment]

DIVISION 19Privilege for Supervisory Information

Trust and Loan Companies Act

232 [Amendment]

Bank Act

233 [Amendment]

234 [Amendment]

235 [Amendment]

Insurance Companies Act

236 [Amendment]

237 [Amendment]

Cooperative Credit Associations Act

238 [Amendment]

Transitional Provisions

239 [Transitional Provision]

240 [Transitional Provision]

241 [Transitional Provision]

242 [Transitional Provision]

243 [Transitional Provision]

244 [Transitional Provision]

245 [Transitional Provision]

246 [Transitional Provision]

247 [Transitional Provision]

248 [Transitional Provision]

249 [Transitional Provision]

250 [Transitional Provision]

251 [Transitional Provision]

252 [Transitional Provision]

DIVISION 20Sick Leave and Disability Programs

Interpretation

Marginal note:Definitions

• 253 (1) The following definitions apply in this Division.

  application period

  période d’application

  application period means the period of four years that begins on the effective date. (période d’application)

  effective date

  date de mise en oeuvre

  effective date means the date specified in an order made under section 266 on which the short-term disability program becomes effective. (date de mise en oeuvre)

  employee

  fonctionnaire

  employee means a person employed in the core public administration, other than a person referred to in any of paragraphs (b) to (g) and (j) of the definition employee in subsection 2(1) of the Public Service Labour Relations Act. (fonctionnaire)

  short-term disability program

  programme d’invalidité de courte durée

  short-term disability program means the program established under section 260. (programme d’invalidité de courte durée)

• Marginal note:Same meaning

  (2) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Public Service Labour Relations Act.

Sick Leave

Marginal note:Sick leave

• 254 (1) Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on a day to be fixed by order made under subsection (3) and that ends immediately before the effective date, in the exercise of its responsibilities under section 11.1 of the Financial Administration Act, establish terms and conditions of employment related to the sick leave of employees in any particular bargaining unit and modify any such term or condition that is established during that period.

• Marginal note:Clarification

  (2) The terms and conditions of employment may include ones that are related to

  • (a) the number of hours of sick leave to which an employee is entitled in a fiscal year;

  • (b) the maximum number of hours of unused sick leave that an employee may carry over from one fiscal year to the next fiscal year; and

  • (c) the disposition of unused hours of sick leave that stand to an employee’s credit immediately before the effective date.

• Marginal note:Order in council

  (3) The Governor in Council may, by order made on the recommendation of the President of the Treasury Board, specify a day for the purposes of subsection (1).

Marginal note:Contractual language

255 Every term and condition of employment that is established or modified as permitted by section 254 must be drafted in a manner that permits its incorporation into a collective agreement or arbitral award that is binding on the employees in the bargaining unit.

Marginal note:Incorporation into collective agreement and arbitral award

256 Every term and condition of employment that is established or modified as permitted by section 254 is deemed, on the effective date, to be incorporated, as it is drafted to comply with section 255, into any collective agreement or arbitral award that is binding on the employees in the bargaining unit and that is in force on that date. That term or condition applies despite any provision to the contrary in the collective agreement or arbitral award.

Marginal note:Replacement of terms and conditions

257 Every term and condition of employment of the employees in the bargaining unit that is continued in force, on the effective date, by section 107 of the Public Service Labour Relations Act and that is inconsistent with a term or condition of employment that is established as permitted by section 254 in respect of those employees is, on the effective date, replaced by that term or condition, as it is drafted to comply with section 255.

Marginal note:Provisions are of no effect — arbitral awards during application period

• 258 (1) If an arbitral award that is binding on the employees in the bargaining unit is made during the application period and it contains a provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the day on which the arbitral award is made, that provision is of no effect in relation to any period during the application period.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

Marginal note:Provisions are of no effect — arbitral awards after application period

• 259 (1) If an arbitral award that is binding on the employees in the bargaining unit is made after the expiry of the application period and it contains a provision that applies retroactively in relation to any period during the application period, any such provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the expiry of the application period is of no effect in relation to that period during the application period.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

Short-term Disability Program

Marginal note:Establishment

• 260 (1) Despite the Public Service Labour Relations Act, the Treasury Board may, in the exercise of its powers under section 7.1 of the Financial Administration Act, establish a short-term disability program for employees in the bargaining units specified by order made by the Treasury Board, and for any other persons or classes of persons that the Treasury Board may designate, and take any measure necessary for that purpose. It may also, during the period that begins on the day on which the program is established and that ends on the expiry of the application period, and after taking into account the recommendations of the committee established under section 265, modify the program.

• Marginal note:Time specification can be made

  (2) The Treasury Board may specify a bargaining unit for the purposes of subsection (1) at the time it establishes the short-term disability program or at any time afterwards, and section 7.1 of the Financial Administration Act includes that power until the program is abolished or replaced.

• Marginal note:Deeming

  (3) Every bargaining unit of employees that has not been specified by the Treasury Board for the purposes of subsection (1) before the effective date is deemed to have been specified by order of the Treasury Board made immediately before the effective date.

Marginal note:Mandatory contents

• 261 (1) The short-term disability program must provide for the following:

  • (a) the rate or rates of benefits and the period during which the rate, or each rate, as the case may be, applies;

  • (b) the maximum period for which benefits may be paid; and

  • (c) provisions respecting the case management services that are to be provided.

• Marginal note:Optional contents

  (2) The short-term disability program may provide for a period during which benefits under it are not to be paid and any other matter that the Treasury Board considers appropriate.

Marginal note:Application of program

• 262 (1) The short-term disability program applies to the employees referred to in subsection 260(1), and to the other persons referred to in that subsection, during the application period despite

  • (a) any provision to the contrary of any collective agreement or arbitral award that is binding on those employees and that is in force on the effective date; and

  • (b) any terms and conditions of employment of those employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

• Marginal note:Provisions are of no effect

  (2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is binding on employees referred to in subsection 260(1) and that is inconsistent with the program is of no effect during the application period.

• Marginal note:Program continues

  (3) The short-term disability program continues to apply to employees referred to in subsection 260(1), and to the other persons referred to in that subsection, after the expiry of the application period and until the program is abolished or replaced.

Marginal note:No retroactive application

263 No modification to the short-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the program.

Marginal note:Non-application

264 Subsection 7.1(2) of the Financial Administration Act does not apply in respect of the short-term disability program.

Marginal note:Committee

• 265 (1) The Treasury Board must, on the effective date, establish a committee consisting of representatives of the employer and representatives of the bargaining agents for employees.

• Marginal note:Purpose

  (2) The purpose of the committee is to make joint recommendations regarding modifications to the short-term disability program, including modifications to

  • (a) membership in the program;

  • (b) the matters referred to in section 261;

  • (c) the conditions for continuing to receive benefits under the program; and

  • (d) the reasons for which benefits under the program may be denied.

Marginal note:Order — effective date

266 The Treasury Board may, by order made on the recommendation of the President of the Treasury Board, specify the date on which the short-term disability program becomes effective.

Long-term Disability Programs

Marginal note:Modifications

267 Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on the day on which the short-term disability program is established and that ends on the expiry of the application period, in the exercise of its powers under section 7.1 of the Financial Administration Act, modify any long-term disability program in respect of the period during which an employee is not entitled to be paid benefits under the program.

Marginal note:Application of modifications

• 268 (1) The modifications made as permitted by section 267 apply to employees during the application period despite

  • (a) every provision to the contrary of any collective agreement or arbitral award that is binding on the employees and that is in force on the effective date; and

  • (b) any terms and conditions of employment of the employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

• Marginal note:Provisions are of no effect

  (2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is inconsistent with any modifications that are made as permitted by section 267 is of no effect during the application period.

• Marginal note:Provisions continue

  (3) Every provision of any long-term disability program that is modified as permitted by section 267 continues to apply to employees after the expiry of the application period until the provision is struck out or replaced.

Marginal note:No retroactive application

269 No modification to a long-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the provisions of that program that are modified as permitted by section 267.

General

Marginal note:Right to bargain collectively

270 Subject to the other provisions of this Division, the right to bargain collectively under the Public Service Labour Relations Act is continued.

Marginal note:Right to strike

271 Nothing in this Division affects the right to strike under the Public Service Labour Relations Act.

Marginal note:Amendments permitted

272 Nothing in this Division precludes the bargaining agents for employees who are bound by a collective agreement or arbitral award and the employer of those employees from amending, by agreement in writing, or from making a joint application to amend, any provision of the collective agreement or arbitral award, as the case may be, so long as the amendment is not contrary to this Division.

Marginal note:Exemption from Statutory Instruments Act

273 The Statutory Instruments Act does not apply to orders made under sections 254, 260 and 266. However, each of those orders must be published in the Canada Gazette.