Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
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Assented to 2013-12-12
Division 121997, c. 40Canada Pension Plan Investment Board Act
Amendments to the Act
277. (1) Subsection 10(4) of the Canada Pension Plan Investment Board Act is replaced by the following:
Marginal note:Appointment factors
(4) Before making a recommendation to the Governor in Council with respect to the appointment of directors and before making an appointment under subsection (8), the Minister shall
(a) have regard to the desirability of having on the board of directors
(i) directors who are representative of the various regions of Canada, and
(ii) a sufficient number of directors with proven financial ability or relevant work experience to enable the Board to effectively achieve its objects; and
(b) endeavour to ensure that no more than three of the 12 directors reside outside Canada.
(2) Subsection 10(9) of the Act is amended by adding “and” at the end of paragraph (f), by striking out “and” at the end of paragraph (g) and by repealing paragraph (h).
Coming into Force
Marginal note:Order in council
278. Section 277 comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
Division 132000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Amendments to the Act
279. Section 11 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Marginal note:Solicitor-client privilege
11. Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege.
Marginal note:2004, c. 15, s. 101
280. Subsection 65(3) of the Act is replaced by the following:
Marginal note:Limitation
(3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1.
Coordinating Amendments
Marginal note:2010, c. 12
281. (1) In this section, “other Act” means the Jobs and Economic Growth Act.
(2) On the first day on which both section 1868 of the other Act and section 279 of this Act are in force, section 11 of the English version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Marginal note:Solicitor-client privilege or professional secrecy
11. Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege or, in Quebec, the professional secrecy of legal counsel.
(3) On the first day on which both paragraph 1882(d) of the other Act and section 280 of this Act are in force, subsection 65(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Marginal note:Limitation
(3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1 or 1.1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1 or 1.1.
Division 14Mackenzie Gas Project Impacts Fund Act
Enactment of Act
Marginal note:Enactment
282. The Mackenzie Gas Project Impacts Fund Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:
An Act to establish the Mackenzie Gas Project Impacts Fund
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Mackenzie Gas Project Impacts Fund Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“Mackenzie gas project”
« projet gazier Mackenzie »
“Mackenzie gas project” means the project proposed by a consortium led by Imperial Oil Resources Ventures Limited that includes the development of the natural gas fields of Niglintgak, Taglu and Parsons Lake, and the construction and operation of
(a) a gathering system related to those fields;
(b) a natural gas liquids pipeline;
(c) the natural gas pipeline that is the subject of the application GH-12004 made to the National Energy Board on October 7, 2004; and
(d) facilities related to the fields, the gathering system or the pipelines.
“regional organization”
« organisation régionale »
“regional organization” means an organization referred to in the schedule.
DESIGNATION OF MINISTER
Marginal note:Power of Governor in Council
3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purpose of this Act.
PURPOSE OF ACT
Marginal note:Purpose
4. The purpose of this Act is to establish the Mackenzie Gas Project Impacts Fund in order to provide for contributions to regional organizations with respect to projects described in section 8.
MACKENZIE GAS PROJECT IMPACTS FUND
Marginal note:Account established
5. There is established in the accounts of Canada an account to be known as the Mackenzie Gas Project Impacts Fund.
Marginal note:Charges
6. On the requisition of the Minister, there is to be paid out of the Consolidated Revenue Fund and charged to the Mackenzie Gas Project Impacts Fund all contributions that are to be paid under section 8.
Marginal note:Interest to be credited to Fund
7. The Minister of Finance must, from the Consolidated Revenue Fund, credit to the Mackenzie Gas Project Impacts Fund interest — calculated in the manner and at the rate determined by the Governor in Council — on the balance from time to time of that Fund.
Marginal note:Eligible project
8. The Minister may provide contributions to regional organizations with respect to a project if the project
(a) mitigates the existing or anticipated socio-economic impacts on communities in the Northwest Territories arising from the Mackenzie gas project; and
(b) meets the criteria established and made publicly available by the Minister.
Marginal note:Agreement with regional organizations
9. The Minister must, before providing a contribution to a regional organization, enter into an agreement with the organization respecting, among other things,
(a) the manner in which advances will be made in respect of contributions and when those advances will be made;
(b) the terms or conditions on which the contributions will be provided; and
(c) the evaluation of the regional organization’s performance in achieving the objectives associated with the provision of contributions for eligible projects and the evaluation of the results of the projects that are funded.
AMENDMENT OF SCHEDULE
Marginal note:Order in council
10. The Governor in Council may, by order made on the recommendation of the Minister, add or delete the name of any organization to or from the schedule.
PAYMENT OUT OF THE CONSOLIDATED REVENUE FUND
Marginal note:Payment of $500,000,000
11. (1) From the Consolidated Revenue Fund, there may, on the requisition of the Minister of Finance made on the recommendation of the Minister, be credited to the Mackenzie Gas Project Impacts Fund payments not greater than, in the aggregate, $500,000,000.
Marginal note:Condition for recommendation
(2) The Minister may only make the recommendation if the Mackenzie gas project has not been terminated and the Minister is of the opinion that progress is being made on the project.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:2006, c. 4, s. 210
283. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Corporation for the Mitigation of Mackenzie Gas Project Impacts
Société d’atténuation des répercussions du projet gazier Mackenzie
R.S., c. F-11Financial Administration Act
Marginal note:2006, c. 4, s. 211
284. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:
Corporation for the Mitigation of Mackenzie Gas Project Impacts
Société d’atténuation des répercussions du projet gazier Mackenzie
R.S., c. P-21Privacy Act
Marginal note:2006, c. 4, s. 212
285. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Corporation for the Mitigation of Mackenzie Gas Project Impacts
Société d’atténuation des répercussions du projet gazier Mackenzie
2006, c. 4Budget Implementation Act, 2006
286. Section 209 of the Budget Implementation Act, 2006 is repealed.
Repeal
Marginal note:2006, c. 4, s. 208
287. The Mackenzie Gas Project Impacts Act is repealed.
Division 152006, c. 9, s. 2Conflict of Interest Act
288. (1) Paragraph (e) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:
(e) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(1) or 62.2(1).
(2) Paragraph (f) of the definition “reporting public office holder” in subsection 2(1) of the Act is replaced by the following:
(f) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(2) or 62.2(2).
289. The Act is amended by adding the following before section 63:
Marginal note:Minister designating public office holder
62.1 (1) The appropriate minister of the Crown may designate a full-time ministerial appointee as a public office holder for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).
Marginal note:Minister designating reporting public office holder
(2) The appropriate minister of the Crown may designate a full-time ministerial appointee who is a public office holder as a reporting public office holder for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).
Marginal note:Governor in Council designating public office holder
62.2 (1) The Governor in Council may, by order, designate any person or class of persons as public office holders for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).
Marginal note:Governor in Council designating reporting public office holder
(2) The Governor in Council may, by order, designate any person who is a public office holder or any class of persons who are public office holders as reporting public office holders for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).
Division 162001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”:
Division 0.1Invitation to Make an Application
Marginal note:Application for permanent residence — invitation to apply
10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.
Marginal note:Limitation
(2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).
Marginal note:Expression of interest
(3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.
Marginal note:Inadmissible foreign national
(4) A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation.
Marginal note:New expression of interest
(5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).
Marginal note:Change in circumstances
(6) A foreign national who is invited to make an application must, before making the application, advise the Minister of any change in their circumstances that relates to any of the criteria on the basis of which they were invited.
Marginal note:Expression of interest — processing
10.2 (1) In processing an expression of interest, the Minister
(a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and
(b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).
Marginal note:Limitation
(2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).
Marginal note:Electronic system
(3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).
Marginal note:Compliance with instructions
(4) An expression of interest must be processed in compliance with any applicable instruction.
Marginal note:Cancellation of invitation
(5) The Minister may cancel an invitation to make an application if
(a) the invitation was issued in error; or
(b) a change in the foreign national’s circumstances results in their no longer meeting the criteria on the basis of which they were invited.
Marginal note:Instructions
10.3 (1) The Minister may give instructions governing any matter relating to invitations to make an application referred to in subsection 10.1(1), including instructions respecting
(a) the classes in respect of which subsection 10.1(1) applies;
(b) the electronic system referred to in subsections 10.1(3) and 10.2(3);
(c) the submission and processing of an expression of interest by means of the electronic system;
(d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;
(e) the criteria that a foreign national must meet to be eligible to be invited to make an application;
(f) the period during which a foreign national remains eligible to be invited to make an application;
(g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;
(h) the basis on which an eligible foreign national may be ranked relative to other eligible foreign nationals;
(i) the rank an eligible foreign national must occupy to be invited to make an application;
(j) the number of invitations that may be issued within a specified period, including in respect of a class referred to in an instruction given under paragraph (a);
(k) the period within which an application must be made once an invitation has been issued; and
(l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application.
Marginal note:Clarification
(2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a class be zero.
Marginal note:Application of instructions
(3) An instruction given under any of paragraphs (1)(a), (b) and (f) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.
Marginal note:Publication
(4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.
Marginal note:Criteria provided for under other Divisions
(5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.
Marginal note:Disclosure of information
10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose personal information provided to him or her by the foreign national under section 10.1 and referred to in an instruction given under paragraph 10.3(1)(g) to an entity that is referred to in an instruction given under that paragraph.
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