Coming into Force

Marginal note:April 1, 2015

305. This Division comes into force on April 1, 2015.

Division 242001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

Marginal note:2014, c. 20, s. 299

306. Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

Marginal note:2013, c. 33, s. 161

• 307. (1) Paragraphs 30(1.43)(a) to (c) of the Act are replaced by the following:

  • (a) revoke an assessment provided by that Department with respect to an application for a work permit;

  • (b) suspend the effects of the assessment; or

  • (c) refuse to process a request for such an assessment.

• Marginal note:2013, c. 33, s. 161

  (2) Subsection 30(1.44) of the Act is replaced by the following:

  • Marginal note:For greater certainty

    (1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.

• Marginal note:2013, c. 33, s. 161

  (3) Subsection 30(1.6) of the Act is replaced by the following:

  • Marginal note:Application

    (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.

308. The Act is amended by adding the following after section 30:

• 309. (1) Section 32 of the Act is amended by adding the following after paragraph (b):

  • (b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;

• Marginal note:2013, c. 16, par. 37(2)(b)

  (2) Paragraph 32(d.2) of the Act is replaced by the following:

  • (d.2) the power to inspect — including the power to require documents to be provided by individuals and entities, including employers and educational institutions, for inspection — for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);

• (3) Section 32 of the Act is amended by adding the following after paragraph (d.4):

  • (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer, the electronic system by which that information must be provided, the circumstances in which that information may be provided by other means and those other means;

Marginal note:2013, c. 33, s. 162(1); 2013, c. 40, par. 237(1)(i)

310. Subsection 89(1.1) of the Act is replaced by the following:

311. The Act is amended by adding the following after section 89:

312. The Act is amended by adding the following after section 89.1:

Marginal note:2005, c. 38, s. 119(1)

• 313. (1) Paragraph 150.1(1)(a) of the Act is replaced by the following:

  • (a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

• (2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):

  • (a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;

• (3) Subsection 150.1(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.

Coming into Force

Marginal note:Order in council

314. The provisions of this Division, other than subsections 309(2) and (3), section 312 and subsections 313(1) and (3), come into force on a day or days to be fixed by order of the Governor in Council.

Division 25Prothonotaries of the Federal Court

R.S., c. J-1Judges Act

315. The heading before section 2 of the French version of the Judges Act is replaced by the following:

Marginal note:2000, c. 12, s. 159

316. The definitions “age of retirement” and “survivor” in section 2 of the Act are replaced by the following:

317. The Act is amended by adding the following after section 2:

318. The Act is amended by adding the following after section 10:

Marginal note:2012, c. 31, s. 211(1)

• 319. (1) Subsection 25(1) of the Act is replaced by the following:

  Marginal note:Annual adjustment of salary

  • 25. (1) The yearly salaries referred to in sections 9, 10 and 11 to 22 apply in respect of the twelve month period commencing April 1, 2012.

• Marginal note:2012, c. 31, s. 211(2)

  (2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Annual adjustment of salary

    (2) The salary annexed to an office of judge in sections 9, 10 and 11 to 22 for the twelve month period commencing April 1, 2013, and for each subsequent twelve month period, shall be the amount obtained by multiplying

Marginal note:2002, c. 8, s. 85

320. Subsection 26.3(3) of the Act is replaced by the following:

321. The Act is amended by adding the following after section 26.3:

Marginal note:2002, c. 8, s. 95(2)

322. Subsection 42(4) of the Act is replaced by the following:

323. Subsection 43.1(6) of the Act is amended by adding the following in alphabetical order:

324. Section 44 of the Act is amended by adding the following after subsection (2):

325. Section 50 of the Act is amended by adding the following after subsection (4):

Marginal note:2002, c. 8, s. 107

326. Paragraph 69(1)(a) of the Act is replaced by the following:

327. Section 71 of the Act is replaced by the following:

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

• 328. (1) Subsection 12(4) of the Federal Courts Act is replaced by the following:

  • Marginal note:Salary, allowances and annuities

    (4) Each prothonotary shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.

• Marginal note:2003, c. 22, par. 225(w)(E) and s. 263(E)

  (2) Subsection 12(5) of the Act is repealed.

Transitional Provisions

Marginal note:Salary

329. Despite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act.

Marginal note:Election

• 330. (1) A prothonotary of the Federal Court who holds office on the day on which this section comes into force will continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, as if subsection 12(5) of the Federal Courts Act was not repealed, if the prothonotary makes an election to that effect. The election must be made in writing, signed by the prothonotary, and sent to the President of the Treasury Board within six months after the day on which this section comes into force.

• Marginal note:Election irrevocable

  (2) An election made under subsection (1) is irrevocable.

• Marginal note:No election — no prior pensionable service

  (3) If a prothonotary does not make an election under subsection (1) and the prothonotary did not have any pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

  • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

  • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

  • (c) the prothonotary is not entitled to a return of contributions under subsection 12(3) of that Act in respect of any period during which the prothonotary held the office of prothonotary;

  • (d) the period during which the prothonotary held the office of prothonotary is not counted as pensionable service for the purposes of that Act;

  • (e) if the prothonotary made an election under subsection 51(1) of that Act, the election is deemed never to have been made; and

  • (f) subsection 51(2) of that Act does not apply to the prothonotary.

• Marginal note:No election — prior pensionable service

  (4) If a prothonotary does not make an election under subsection (1) and the prothonotary had pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

  • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

  • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

  • (c) the period during which the prothonotary held the office of prothonotary before the day on which this section comes into force is not counted as pensionable service for the purposes of that Act, other than for the purposes of sections 12 and 13 of that Act;

  • (d) despite subsection 69(3) of that Act, for the purposes of section 69 of that Act, the retirement year or retirement month of the prothonotary is the year or month, as the case may be, in which the prothonotary was appointed to the office of prothonotary; and

  • (e) for the purposes of Part II of that Act, the prothonotary’s salary is their salary in the public service on the day before the day on which they were appointed to the office of prothonotary, expressed in terms of an annual rate.