Budget Implementation Act, 2009 (S.C. 2009, c. 2)
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Assented to 2009-03-12
Transitional Provisions
Marginal note:Interpretation
395. Unless the context otherwise requires, words and expressions used in sections 396 and 397 have the same meaning as in the Public Sector Equitable Compensation Act.
Marginal note:Complaints before Canadian Human Rights Commission
396. (1) The following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which section 399 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:
(a) complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and
(b) complaints based on section 11 of the Canadian Human Rights Act.
Marginal note:Application of this section
(2) The complaints referred to in subsection (1) shall be dealt with by the Board as required by this section.
Marginal note:Powers of Board
(3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Public Service Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of section 399.
Marginal note:Summary examination
(4) The Board shall review the complaint in a summary way and shall refer it to the employer that is the subject of the complaint, or to the employer that is the subject of the complaint and the bargaining agent of the employees who filed the complaint, as the Board considers appropriate, unless it appears to the Board that the complaint is trivial, frivolous or vexatious or was made in bad faith.
Marginal note:Power to assist
(5) If the Board refers a complaint under subsection (4) to an employer, or to an employer and a bargaining agent, it may assist them in resolving any matters relating to the complaint by any means that it considers appropriate.
Marginal note:Hearing
(6) If the employer, or the employer and the bargaining agent, as the case may be, do not resolve the matters relating to the complaint within 180 days after the complaint is referred to them, or any longer period or periods that may be authorized by the Board, the Board shall schedule a hearing.
Marginal note:Procedure
(7) The Board shall determine its own procedure but shall give full opportunity to the employer, or the employer and the bargaining agent, as the case may be, to present evidence and make submissions to it.
Marginal note:Decision
(8) The Board shall make a decision in writing in respect of the complaint and send a copy of its decision with the reasons for it to the employer, or the employer and the bargaining agent, as the case may be.
Marginal note:Restriction
(9) The Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which section 394 comes into force.
Marginal note:Complaints before Canadian Human Rights Tribunal
397. (1) Subject to subsections (2) and (3), the Canadian Human Rights Tribunal shall inquire into the following complaints with respect to employees that are before it on the day on which this Act receives royal assent:
(a) complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and
(b) complaints based on section 11 of the Canadian Human Rights Act.
Marginal note:Powers of Tribunal
(2) If section 399 is in force when the Canadian Human Rights Tribunal inquires into a complaint referred to in subsection (1),
(a) complaints referred to in paragraph (1)(a) shall be dealt with as if sections 7 and 10 of the Canadian Human Rights Act still applied to those employees; and
(b) complaints referred to in paragraph (1)(b) shall be dealt with as if section 11 of the Canadian Human Rights Act and the Equal Wage Guidelines, 1986 still applied to those employees.
Marginal note:Limitation
(3) No monetary remedy may be granted by the Canadian Human Rights Tribunal in respect of a complaint referred to in subsection (1) other than a lump sum payment, and the payment may only be in respect of a period that ends on or before the day on which section 394 comes into force.
Marginal note:Application
398. Sections 30 and 33 of the Public Sector Equitable Compensation Act and sections 396 and 397 apply despite any provision of the Expenditure Restraint Act.
Consequential Amendments
R.S., c. H-6Canadian Human Rights Act
399. The Canadian Human Rights Act is amended by adding the following after section 40.1:
Marginal note:Non-application of sections 7, 10 and 11
40.2 The Commission does not have jurisdiction to deal with complaints made against an employer within the meaning of the Public Sector Equitable Compensation Act alleging that
(a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; or
(b) the employer has engaged in a discriminatory practice referred to in section 11.
2003, c. 22, s. 2Public Service Labour Relations Act
400. Section 13 of the Public Service Labour Relations Act is replaced by the following:
Marginal note:Mandate
13. The Board’s mandate is to provide adjudication services, mediation services and compensation analysis and research services in accordance with this Act and the Public Sector Equitable Compensation Act.
401. Subsection 208(3) of the Act is replaced by the following:
Marginal note:Limitation
(3) An employee may not present an individual grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.
402. Subsection 215(5) of the Act is replaced by the following:
Marginal note:Limitation
(5) A bargaining agent may not present a group grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.
403. Subsection 220(3) of the Act is replaced by the following:
Marginal note:Limitation
(3) Neither the employer nor a bargaining agent may present a policy grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.
404. Paragraph 226(1)(g) of the Act is replaced by the following:
(g) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;
405. Subsection 251(1) of the Act is replaced by the following:
Marginal note:Obligation to prepare
251. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on the administration of this Act, and on its activities under the Public Sector Equitable Compensation Act, during the year, including a summary of the reports that it has received under that Act during that year.
Coming into Force
Marginal note:Order in council
406. Sections 394 and 399 to 405 come into force on a day to be fixed by order of the Governor in Council.
PART 12R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19COMPETITION ACT
Amendments to the Act
Marginal note:2000, c. 15, s. 11
407. Section 4.1 of the Competition Act is repealed.
408. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Underwriters
5. (1) Section 45 does not apply in respect of an agreement or arrangement between persons who are members of a class of persons who ordinarily engage in the business of dealing in securities or between such persons and the issuer of a specific security, in the case of a primary distribution, or the vendor of a specific security, in the case of a secondary distribution, if the agreement or arrangement has a reasonable relationship to the underwriting of a specific security.
Marginal note:1999, c. 2, s. 11(4)
409. Subsection 34(6) of the Act is replaced by the following:
Marginal note:Punishment for disobedience
(6) A court may punish any person who contravenes an order made under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding five years.
Marginal note:R.S., c. 19 (2nd Supp.), ss. 30 and 31; 1991, c. 47, s. 714
410. Sections 45 and 45.1 of the Act are replaced by the following:
Marginal note:Conspiracies, agreements or arrangements between competitors
45. (1) Every person commits an offence who, with a competitor of that person with respect to a product, conspires, agrees or arranges
(a) to fix, maintain, increase or control the price for the supply of the product;
(b) to allocate sales, territories, customers or markets for the production or supply of the product; or
(c) to fix, maintain, control, prevent, lessen or eliminate the production or supply of the product.
Marginal note:Penalty
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable on conviction to imprisonment for a term not exceeding 14 years or to a fine not exceeding $25 million, or to both.
Marginal note:Evidence of conspiracy, agreement or arrangement
(3) In a prosecution under subsection (1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt.
Marginal note:Defence
(4) No person shall be convicted of an offence under subsection (1) in respect of a conspiracy, agreement or arrangement that would otherwise contravene that subsection if
(a) that person establishes, on a balance of probabilities, that
(i) it is ancillary to a broader or separate agreement or arrangement that includes the same parties, and
(ii) it is directly related to, and reasonably necessary for giving effect to, the objective of that broader or separate agreement or arrangement; and
(b) the broader or separate agreement or arrangement, considered alone, does not contravene that subsection.
Marginal note:Defence
(5) No person shall be convicted of an offence under subsection (1) in respect of a conspiracy, agreement or arrangement that relates only to the export of products from Canada, unless the conspiracy, agreement or arrangement
(a) has resulted in or is likely to result in a reduction or limitation of the real value of exports of a product;
(b) has restricted or is likely to restrict any person from entering into or expanding the business of exporting products from Canada; or
(c) is in respect only of the supply of services that facilitate the export of products from Canada.
Marginal note:Exception
(6) Subsection (1) does not apply if the conspiracy, agreement or arrangement
(a) is entered into only by companies each of which is, in respect of every one of the others, an affiliate; or
(b) is between federal financial institutions and is described in subsection 49(1).
Marginal note:Common law principles — regulated conduct
(7) The rules and principles of the common law that render a requirement or authorization by or under another Act of Parliament or the legislature of a province a defence to a prosecution under subsection 45(1) of this Act, as it read immediately before the coming into force of this section, continue in force and apply in respect of a prosecution under subsection (1).
Marginal note:Definitions
(8) The following definitions apply in this section.
“competitor”
« concurrent »
“competitor” includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of a conspiracy, agreement or arrangement to do anything referred to in paragraphs (1)(a) to (c).
“price”
« prix »
“price” includes any discount, rebate, allowance, price concession or other advantage in relation to the supply of a product.
Marginal note:Where application made under section 76, 79, 90.1 or 92
45.1 No proceedings may be commenced under subsection 45(1) against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought by the Commissioner under section 76, 79, 90.1 or 92.
411. (1) Paragraph 47(1)(a) of the Act is replaced by the following:
(a) an agreement or arrangement between or among two or more persons whereby one or more of those persons agrees or undertakes not to submit a bid or tender in response to a call or request for bids or tenders, or agrees or undertakes to withdraw a bid or tender submitted in response to such a call or request, or
(2) The portion of subsection 47(1) of the Act after paragraph (b) is replaced by the following:
where the agreement or arrangement is not made known to the person calling for or requesting the bids or tenders at or before the time when any bid or tender is submitted or withdrawn, as the case may be, by any person who is a party to the agreement or arrangement.
(3) Subsection 47(2) of the Act is replaced by the following:
Marginal note:Bid-rigging
(2) Every person who is a party to bid-rigging is guilty of an indictable offence and liable on conviction to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both.
412. Section 49 of the Act is amended by adding the following after subsection (3):
Marginal note:Where proceedings commenced under section 76, 79, 90.1 or 92
(4) No proceedings may be commenced under this section against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought by the Commissioner under section 76, 79, 90.1 or 92.
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