Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
PART 4VARIOUS MEASURES
Division 242001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
308. The Act is amended by adding the following after section 30:
Marginal note:Publication of employer names and addresses
30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who
(a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or
(b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.
Marginal note:Removal of names and addresses
(2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.
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and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;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:
Marginal note:User Fees Act
(1.1) The User Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.
311. The Act is amended by adding the following after section 89:
Marginal note:Fees for rights and privileges — assessments
89.01 The regulations may
(a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and
(b) govern cases in which the fees referred to in paragraph (a) are waived.
312. The Act is amended by adding the following after section 89.1:
Marginal note:Fees — compliance regime
89.2 (1) The regulations may
(a) govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do not require an assessment provided by the Department of Employment and Social Development;
(b) govern cases in which the fees referred to in paragraph (a) are waived;
(c) require employers to pay the fees referred to in paragraph (a) by means of an electronic system; and
(d) include provisions respecting that system, respecting the circumstances in which those fees may be paid by other means and respecting those other means.
Marginal note:User Fees Act
(2) The User Fees Act does not apply to fees referred to in paragraph (1)(a).
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:
DÉFINITIONS ET INTERPRÉTATION
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:
“age of retirement”
« mise à la retraite d’office »
“age of retirement” of a judge or of a prothonotary of the Federal Court means the age, fixed by law, at which the judge or prothonotary ceases to hold office;
“survivor”
« survivant »
“survivor”, in relation to a judge or to a prothonotary of the Federal Court, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year.
317. The Act is amended by adding the following after section 2:
Marginal note:Application to prothonotaries
2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary of the Federal Court.
Marginal note:Prothonotary who makes election
(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary of the Federal Court who makes an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
318. The Act is amended by adding the following after section 10:
Marginal note:Prothonotaries of the Federal Court
10.1 The yearly salaries of the prothonotaries of the Federal Court shall be 76 per cent of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).
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:
Marginal note:Determination of costs
(3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.
321. The Act is amended by adding the following after section 26.3:
Definition of “judiciary”
26.4 In sections 26, 26.1 and 26.3, “judiciary” includes the prothonotaries of the Federal Court.
Marginal note:2002, c. 8, s. 95(2)
322. Subsection 42(4) of the Act is replaced by the following:
Definition of “judicial office”
(4) In this section, “judicial office” means the office of a judge of a superior or county court or the office of a prothonotary of the Federal Court.
323. Subsection 43.1(6) of the Act is amended by adding the following in alphabetical order:
“judicial office”
« magistrature »
“judicial office” includes the office of a prothonotary of the Federal Court.
324. Section 44 of the Act is amended by adding the following after subsection (2):
Marginal note:Prothonotaries
(3) No annuity shall be granted under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.
325. Section 50 of the Act is amended by adding the following after subsection (4):
Definition of “judicial office”
(5) In this section, “judicial office” includes the office of a prothonotary of the Federal Court.
Marginal note:2002, c. 8, s. 107
326. Paragraph 69(1)(a) of the Act is replaced by the following:
(a) a judge of a superior court or a prothonotary of the Federal Court, or
327. Section 71 of the Act is replaced by the following:
Marginal note:Powers, rights or duties not affected
71. Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, a prothonotary of the Federal Court or any other person in relation to whom an inquiry may be conducted under any of those sections.
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.
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