Budget Implementation Act, 2005 (S.C. 2005, c. 30)
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Assented to 2005-06-29
PART 17R.S., c. C-52AMENDMENTS TO THE CURRENCY ACT
Exchange Fund Account
116. Section 23 of the Act is repealed.
Transitional Provisions
Marginal note:First fiscal year — payment into C.R.F.
117. The 15-month period that begins after the last calendar year for which the net income of the Exchange Fund Account was paid into or charged to the Consolidated Revenue Fund under section 20 of the Currency Act, as it read before the coming into force of this Part, is deemed to be the first fiscal year to which section 20 of that Act, as enacted by section 114 of this Act, applies.
Marginal note:First fiscal year — report to Parliament
118. The 15-month period that begins after the last calendar year for which the Minister of Finance reported to Parliament under section 21 of the Currency Act, as it read before the coming into force of this Part, is deemed to be the first fiscal year to which section 21 of that Act, as enacted by section 114 of this Act, applies.
Coming into Force
Marginal note:Order in council
119. This Part comes into force on a day to be fixed by order of the Governor in Council.
PART 18AMENDMENTS TO THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACT
1996, c. 16Department of Public Works and Government Services Act
120. Section 2 of the Department of Public Works and Government Services Act is amended by adding the following in alphabetical order:
“materiel”
« matériel »
“materiel” includes goods;
121. Paragraphs 6(b) and (c) of the Act are replaced by the following:
(b) the acquisition and provision of services, including construction services, for departments;
(c) the planning and organizing of the provision of materiel and services, including construction services, required by departments;
122. Paragraphs 7(1)(b) and (c) of the Act are replaced by the following:
(b) acquire materiel and services, including construction services, in accordance with any applicable regulations relating to government contracts;
(c) plan and organize the provision of materiel and related services to departments including construction services, the preparation of specifications and standards, the cataloguing of materiel, the determination of aggregate requirements for materiel, the assuring of quality of materiel, and the maintenance, distribution, storage and disposal of materiel and other activities associated with the management of materiel; and
123. Section 9 of the Act is replaced by the following:
Marginal note:Other authorities
9. Subject to any conditions that may be imposed by the Treasury Board or any regulations that the Treasury Board may make for the purposes of this section, the Minister shall exercise the powers in relation to the acquisition and provision of materiel and services, including construction services but not including legal services, for the use of any department that are conferred on any minister or other authority under any Act of Parliament or any other law, except to the extent that those powers have been delegated by the Minister.
124. Section 20 of the Act is replaced by the following:
Marginal note:Contracts
20. Despite subsection 32(1) of the Financial Administration Act but subject to any conditions that may be imposed by the Governor in Council or the Treasury Board and any regulations that the Governor in Council or the Treasury Board may make for the purposes of this section, the Minister may, on behalf of the Government of Canada, enter into contracts for the performance of any matter or thing that falls within the ambit of the Minister’s powers, duties or functions.
Coming into Force
Marginal note:Order in council
125. This Part comes into force on a day to be fixed by order of the Governor in Council.
PART 19AMENDMENTS RELATED TO THE PREMIUM RATE PROVIDED FOR UNDER THE EMPLOYMENT INSURANCE ACT
1996, c. 23Employment Insurance Act
Marginal note:2001, c. 5, s. 9; 2003, c. 15, s. 21; 2004, c. 22, ss. 25 and 26
126. Sections 66 to 67 of the Employment Insurance Act are replaced by the following:
Marginal note:Chief actuary
65.3 (1) The chief actuary referred to in section 31 of the Department of Human Resources Development Act shall determine the premium rate for a year that, in the chief actuary’s opinion, based on the information provided by the Minister of Finance under section 66.2 and taking into account any regulations made under section 69, should generate just enough premium revenue during that year to cover the payments that will be made under subsection 77(1) during that year.
Marginal note:Changes to payments
(2) If the Minister has announced, on or before October 14 of the previous year, any changes to payments to be made under paragraph 77(1)(a), (b) or (c) for a year, the chief actuary shall, at the request of the Minister, take into account those changes and make another determination of the premium rate that, in the chief actuary’s opinion, based on the information provided by the Minister of Finance under section 66.2 and taking into account any regulations made under section 69, should generate just enough premium revenue during that year to cover the payments that would be made under subsection 77(1) during that year if the changes were to commence on the date specified by the Minister.
Marginal note:Report to the Commission
(3) The chief actuary shall provide to the Commission a report setting out the premium rate determined under subsection (1) or (2) for a year, on or before October 14 of the previous year, and the Commission shall, as soon as possible after receiving the report, make it available to the public.
Marginal note:Annual premium rate setting
66. (1) Subject to subsection (2) and sections 66.1 and 66.3, the Commission shall set the premium rate for a year, taking into account
(a) the principle that the premium rate should generate just enough premium revenue during that year to cover the payments that will be made under subsection 77(1) during that year, based on the information provided by the Minister of Finance under section 66.2, taking into account any regulations made under section 69, and considering any changes to payments made under subsection 77(1) that have been announced by the Minister;
(b) the report of the chief actuary to the Commission for that year; and
(c) any public input.
Marginal note:Difference year to year
(2) The premium rate for a year may not be increased or decreased by more than fifteen one-hundredths of one per cent (0.15%) relative to the premium rate for the previous year.
Marginal note:Time limit
(3) The Commission shall set the premium rate for a year on or before November 14 in the previous year.
Marginal note:Cap on rate
66.1 For 2006 and 2007, the premium rate in each year may not be greater than 1.95%.
Marginal note:Forecast values
66.2 The Minister of Finance shall, on or before September 30 of a year, provide to the chief actuary and the Commission the most current forecast values of the economic variables that are relevant to the determination, under section 65.3 or under subsection 66(1), as the case may be, of a premium rate for the following year.
Marginal note:Governor in Council
66.3 Subject to subsection 66(2) and section 66.1, on the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before November 30 in a year, substitute a premium rate for the following year that is different from the one set by the Commission under subsection 66(1), if the Governor in Council considers it to be in the public interest.
Marginal note:Rounding percentage rates
66.4 If the calculation of a premium rate under section 65.3, 66 or 66.3 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one-hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.
Marginal note:Statutory Instruments Act
66.5 The Statutory Instruments Act does not apply in respect of a premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68. However, the premium rates must, as soon as possible, be published by the Commission in Part I of the Canada Gazette.
Marginal note:User Fees Act
66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68.
Marginal note:Employee’s premium
67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66 or 66.3, as the case may be.
1996, c. 11Department of Human Resources Development Act
127. Section 31 of the Department of Human Resources Development Act is amended by adding the following after subsection (1):
Marginal note:Chief actuary
(1.1) The employee or officer who holds the position of chief actuary shall be under the direction of the Commission in the performance of the chief actuary’s functions under section 65.3 of the Employment Insurance Act.
128. The Act is amended by adding the following after section 31:
Marginal note:Persons who have specialized knowledge
31.1 Despite section 31, the Commission may, as it considers necessary for the purpose of assisting it in setting the premium rate under section 66 of the Employment Insurance Act, contract for the services of persons who have specialized knowledge and may fix and pay the remuneration and expenses of those persons.
Coordinating Amendments
Marginal note:Bill C-23
129. (1) Subsections (2) and (3) apply if Bill C-23, introduced in the 1st session of the 38th Parliament and entitled the Department of Human Resources and Skills Development Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the later of the coming into force of section 126 of this Act and section 28 of the other Act,
(a) section 28 of the other Act is amended by adding the following after subsection (1):
Marginal note:Chief actuary
(1.1) The employee or officer who holds the position of chief actuary shall be under the direction of the Commission in the performance of the chief actuary’s functions under section 65.3 of the Employment Insurance Act.
(b) the other Act is amended by adding the following after section 28:
Marginal note:Persons who have specialized knowledge
28.1 Despite section 28, the Commission may, as it considers necessary for the purpose of assisting it in setting the premium rate under section 66 of the Employment Insurance Act, contract for the services of persons who have specialized knowledge and may fix and pay the remuneration and expenses of those persons.
(c) subsection 65.3(1) of the Employment Insurance Act is replaced by the following:
Marginal note:Chief actuary
65.3 (1) The chief actuary referred to in section 28 of the Department of Human Resources and Skills Development Act shall determine the premium rate for a year that, in the chief actuary’s opinion, based on the information provided by the Minister of Finance under section 66.2 and taking into account any regulations made under section 69, should generate just enough premium revenue during that year to cover the payments that will be made under subsection 77(1) during that year.
(3) If section 28 of the other Act comes into force before sections 127 and 128 of this Act, then, on the day on which this Act receives royal assent, the heading before section 127 and sections 127 and 128 of this Act are repealed.
PART 201996, c. 23AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT (PROVINCIAL PLANS)
130. Section 23 of the Employment Insurance Act is amended by adding the following after subsection (3.4):
Marginal note:Limitation
(3.5) If benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed.
131. The Act is amended by adding the following after section 153.1:
PART VIII.2REGULATIONS — PROVINCIAL PLANS
Marginal note:Regulations
153.2 (1) Despite any other provisions of this Act, if the Government of Canada has entered into an agreement with a province in respect of a provincial law that has the effect of reducing or eliminating special benefits payable as described in subsection 69(2), the Commission may, with the approval of the Governor in Council, for the purposes of implementing the agreement and taking into account the application or effect of the provincial law, make any regulations that it considers necessary, including regulations
(a) respecting the manner in which and the extent to which any provision of this Act or the regulations applies; and
(b) adapting any provision of this Act or the regulations.
Marginal note:Regulations
(2) The regulations may provide for
(a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Account, including
(i) refunds of overpayments with respect to employees’ premiums,
(ii) adjustment payments between the province and the Government of Canada with respect to premiums, and
(iii) reimbursement by the province of benefits paid by the Government of Canada in accordance with any administrative agreement between the province and the Government of Canada;
(b) the exchange of any information obtained under the provincial law or this Act; and
(c) the administration of benefits payable under this Act to persons employed or residing in the province or who have made a claim under the provincial law, and the increase or decrease in the amount of benefits payable and in the number of weeks for which benefits may be paid under this Act to and in respect of those persons.
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