Budget Implementation Act, 2009 (S.C. 2009, c. 2)
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Assented to 2009-03-12
2007, c. 1Consequential Amendment to the International Bridges and Tunnels Act
341. Subsections 4(3) and (4) of the International Bridges and Tunnels Act are replaced by the following:
Marginal note:Application of other Acts
(3) Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.
PART 8MISCELLANEOUS PROVISIONS
Division 1Wage Earner Protection Program
2005, c. 47, s. 1Wage Earner Protection Program Act
Marginal note:2007, c. 36, s. 83
342. Subsection 2(1) of the Wage Earner Protection Program Act is replaced by the following:
Marginal note:Definitions
2. (1) The following definitions apply in this Act.
“eligible wages”
« salaire admissible »
“eligible wages” means
(a) wages other than severance pay and termination pay that were earned during the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer; and
(b) severance pay and termination pay that relate to employment that ended during the period referred to in paragraph (a).
“wages”
« salaire »
“wages” includes salaries, commissions, compensation for services rendered, vacation pay, severance pay, termination pay and any other amounts prescribed by regulation.
Marginal note:2007, c. 36, s. 84
343. (1) Paragraph 5(a) of the Act is replaced by the following:
(a) the individual’s employment ended for a reason prescribed by regulation;
(2) Section 5 is amended by adding “and” after paragraph (b) and by replacing paragraphs (c) and (d) with the following:
(c) the individual is owed eligible wages by the former employer.
Marginal note:2007, c. 36, s. 85
344. The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Marginal note:Exceptions
6. An individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individual
Marginal note:2007, c. 36, s. 86
345. Section 7 of the Act is replaced by the following:
Marginal note:Amount of payment
7. (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of the greater of the following amounts, less any amount prescribed by regulation:
(a) $3,000; and
(b) an amount equal to four times the maximum weekly insurable earnings under the Employment Insurance Act.
Marginal note:Bankruptcy and receivership
(2) If the former employer is both bankrupt and subject to a receivership, the amount that may be paid is the greater of the amount determined in respect of the bankruptcy and the amount determined in respect of the receivership.
Marginal note:2007, c. 36, s. 89
346. (1) Paragraphs 21(1)(a) and (b) of the Act are replaced by the following:
(a) identify each individual who is owed eligible wages;
(b) determine the amount of eligible wages owing to each individual;
Marginal note:2007, c. 36, s. 89
(2) Paragraph 21(1)(d) of the Act is replaced by the following:
(d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the information prescribed by regulation in relation to the individual and with the amount of eligible wages owing to the individual; and
Marginal note:2007, c. 36, s. 94
347. (1) Paragraph 41(b) of the Act is replaced by the following:
(b) prescribing reasons for the purposes of paragraph 5(a);
Marginal note:2007, c. 36, s. 94
(2) Paragraphs 41(d) and (e) of the Act are replaced by the following:
(d) prescribing an amount for the purposes of subsection 7(1);
(e) respecting the allocation of payments to the different components of wages;
Marginal note:2007, c. 36, s. 94
(3) Paragraph 41(i) of the Act is replaced by the following:
(i) respecting the information that is to be provided by trustees and receivers to the Minister and to individuals for the purposes of paragraph 21(1)(d) and respecting the period during which and the manner in which that information is to be provided;
SOR/2008-222Wage Earner Protection Program Regulations
348. Section 3 of the Wage Earner Protection Program Regulations is replaced by the following:
3. An individual’s employment has ended for the purposes of paragraph 5(a) of the Act if it has ended for any of the following reasons:
(a) the individual resigned or retired;
(b) the individual’s employment has terminated; or
(c) the term of the individual’s employment has expired.
349. (1) The portion of section 6 of the French version of the Regulations before paragraph (a) is replaced by the following:
6. Pour l’application du paragraphe 7(1) de la Loi, les sommes ci-après sont à défalquer :
(2) Paragraphs 6(a) and (b) of the Regulations are replaced by the following:
(a) any amount that the individual has received after the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer by virtue of his or her rights in respect of the eligible wages; and
(b) an amount equal to 6.82% of the amount determined under that subsection.
350. Section 7 of the Regulations is repealed.
351. (1) Paragraph 8(a) of the Regulations is replaced by the following:
(a) firstly, to wages other than those referred to in paragraphs (b) to (e);
(2) Paragraph 8(c) of the French version of the Regulations is replaced by the following:
c) l’indemnité de vacances;
(3) Section 8 of the Regulations is amended by striking out “and” after paragraph (b) and by adding the following after paragraph (c):
(d) fourthly, to termination pay; and
(e) lastly, to severance pay.
352. Paragraph 9(b) of the Regulations is replaced by the following:
(b) on which the applicant’s employment ends for any of the reasons referred to in section 3; and
353. (1) Paragraph 15(1)(c) of the Regulations is replaced by the following:
(c) the dates on which wages, other than severance pay or termination pay, were earned and the basis upon which they were calculated;
(c.1) the date on which any employment in respect of which severance pay or termination pay is owing ended;
(2) Paragraph 15(2)(a) of the Regulations is replaced by the following:
(a) 45 days from the date of bankruptcy or from the first day on which there was a receiver in relation to the former employer, as the case may be, unless circumstances beyond the control of the trustee or receiver necessitate a longer period; or
354. Subsection 16(2) of the Regulations is replaced by the following:
(2) The trustee or receiver shall provide the information within 45 days from the date of bankruptcy or from the first day on which there was a receiver in relation to the former employer, as the case may be, unless circumstances beyond the control of the trustee or receiver necessitate a longer period.
R.S., c. B-3Consequential Amendments to the Bankruptcy and Insolvency Act
Marginal note:2005, c. 47, s. 67; 2007, c. 36, s. 38
355. The definition rémunération in subsection 81.3(9) of the French version of the Bankruptcy and Insolvency Act is replaced by the following:
« rémunération »
“compensation”
rémunération S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.
Marginal note:2005, c. 47, s. 67; 2007, c. 36, s. 38
356. The definition rémunération in subsection 81.4(9) of the French version of the Act is replaced by the following:
« rémunération »
“compensation”
rémunération S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.
Transitional Provision
Marginal note:Application
357. The provisions of the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations as amended by sections 342 to 354 apply
(a) in respect of wages owing to an individual by an employer who becomes bankrupt after January 26, 2009; and
(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after January 26, 2009.
Division 2Federal Financial Assistance for Students
1994, c. 28Canada Student Financial Assistance Act
358. Subparagraph 5(a)(iii) of the English version of the Canada Student Financial Assistance Act is replaced by the following:
(iii) principal and interest on a student loan made by the lender to a borrower whose obligations in respect of the loan are terminated in the circumstances set out in section 10 or 11,
Marginal note:2000, c. 14, s. 17
359. Subsection 6.1(2) of the Act is replaced by the following:
Marginal note:Financial terms and conditions
(2) Any terms and conditions in the agreement that could have a financial impact on Her Majesty in right of Canada are subject to approval by the Governor in Council, on the recommendation of the Minister with the concurrence of the Minister of Finance.
360. The Act is amended by adding the following after section 6.3:
Marginal note:Suspension or denial of financial assistance
6.4 The Minister may suspend or deny the provision of financial assistance to all those who are qualifying students in relation to a designated educational institution if the Minister is satisfied that there are compelling reasons to believe that the provision of the financial assistance would
(a) facilitate the commission by the designated educational institution of an offence under this Act or any other Act of Parliament; or
(b) expose the qualifying students or Her Majesty in right of Canada to significant financial risk.
361. Section 10 of the Act is replaced by the following:
Marginal note:Death of borrower
10. (1) All obligations of a borrower in respect of a student loan prescribed by regulations made under paragraph 15(1)(j) terminate if the borrower dies, and in that event the Minister shall pay to the lender the amounts referred to in subparagraph 5(a)(iii).
Marginal note:Death of borrower before this subsection in force
(2) If a borrower dies before this subsection comes into force, then all obligations of that borrower in respect of such a student loan terminate on the day on which this subsection comes into force.
362. The Act is amended by adding the following after section 16.2:
Marginal note:Requirement to provide information or documents
16.3 (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person who has received financial assistance to provide to the Minister, within the time and in the manner that are stipulated in the notice, any information or document that is in their possession or to which they could reasonably be expected to have access.
Marginal note:Copies as evidence
(2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.
363. Section 17 of the Act is replaced by adding the following:
Marginal note:False statement or information
17. (1) Every person who, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.
Marginal note:Limitation period
(2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose.
Marginal note:Administrative measures
17.1 (1) If a person, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may
(a) deny the person financial assistance or a certificate of eligibility for a prescribed period;
(b) deny the person an interest-free period referred to in subsection 7(1) for a prescribed period, or terminate the interest-free period;
(c) deny the person the deferral of payments of principal or interest under section 8 for a prescribed period, or terminate the deferral;
(d) deny the person payments of interest under subsection 9(2) for a prescribed period, or terminate the payments;
(e) deny the person a gratuitous payment referred to in paragraph 15(1)(l);
(f) deny the person special interest-free or interest-reduced periods referred to in paragraph 15(1)(n) for a prescribed period, or terminate the interest-free period or the interest-reduced period;
(g) deny the person repayment of a student loan on an income-contingent basis referred to in paragraph 15(1)(o) for a prescribed period, or terminate repayment on an income-contingent basis;
(h) require the person to immediately repay any outstanding amount of a student loan that they obtained by reason of the false statement or misrepresentation or the false or misleading information; or
(i) require the person to immediately repay any grant that they obtained by reason of the false statement or misrepresentation or the false or misleading information.
Marginal note:Outstanding student loans
(2) If, before the day on which this section comes into force, a person knowingly made any false statement or misrepresentation, including by omission, in an application or other document or knowingly provided any false or misleading information, including by omission, in respect of a student loan that is outstanding on that day, the Minister may take any measure set out in paragraphs (1)(a) to (h).
Marginal note:Notice
(3) The Minister may not take any measure under subsection (1) or (2) without having given the person 60 days’ notice of the Minister’s intention to take the measure.
Marginal note:Submissions
(4) The person may make submissions to the Minister in respect of the measure at any time.
Marginal note:Rescission or modification of measure
(5) The Minister may rescind or modify a measure taken under subsection (1) or (2) if new facts are presented or the Minister considers that the measure was taken without knowledge of some material fact or on the basis of a mistake concerning one.
Marginal note:Limitation
(6) The Minister may not take any measure under subsection (1) or (2) later than five years after the day on which the Minister becomes aware of the false statement or misrepresentation or the false or misleading information.
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