Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)
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Assented to 2013-06-26
Marginal note:2009, c. 2, s. 455(1)
144. (1) The portion of subsection 28(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rules and presumptions respecting control of entities
(2) Subject to subsections (4) to (5), (6.1) and (6.2), for the purposes of this Act,
Marginal note:2009, c. 2, s. 455(2)
(2) The portion of subsection 28(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Presumptions respecting acquisition of control
(3) Subject to subsections (4) to (5), (6.1) and (6.2), for the purposes of this Act,
(3) Subsection 28(6) of the French version of the Act is replaced by the following:
Marginal note:Effet rétroactif
(6) Le ministre peut fixer la date à laquelle la décision prise en vertu du paragraphe (4) ou la déclaration faite en vertu du paragraphe (5) est censée avoir pris effet; cette date ne peut cependant être antérieure au 19 juin 1992 et est censée être celle de la décision ou de la déclaration.
Marginal note:2009, c. 2, s. 455(4)
(4) Subsection 28(7) of the Act is replaced by the following:
Marginal note:Minister may determine — control or acquisition of control by state-owned enterprise
(6.1) The Minister may, after considering any information and evidence made available to the Minister or the Director, determine that an entity is or is not controlled by another entity, or that there has or has not been an acquisition of control of an entity, if the Minister is satisfied that the entity is or is not controlled in fact by a state-owned enterprise or that there has or has not been an acquisition of control in fact of that entity by a state-owned enterprise, as the case may be.
Marginal note:Minister may declare — control or acquisition of control by state-owned enterprise
(6.2) If an entity or a state-owned enterprise has refused or neglected to provide, within a reasonable time, information that the Minister or the Director has requested and that the Minister considers necessary in order to make a decision under subsection (6.1), the Minister may declare that the entity is or is not controlled by a state-owned enterprise or that there has or has not been an acquisition of control of the entity by a state-owned enterprise, as the case may be.
Marginal note:Retroactivity possible
(6.3) A determination made under subsection (6.1) or a declaration made under subsection (6.2) may be retroactive to any date, not earlier than April 29, 2013, that the Minister specifies, in which case the determination or declaration shall, for all purposes of this Act, be deemed to have been made on the specified date.
Marginal note:Entity to be informed
(7) The Minister shall inform the entity concerned, in writing, of any determination made under any of subsections (4), (4.1) and (6.1) or declaration made under subsection (5) or (6.2) and of any date specified under subsection (6) or (6.3), without delay after the determination or declaration is made.
Marginal note:1994, c. 47, s. 135
145. (1) Subsection 37(1) of the Act is replaced by the following:
Marginal note:Ministerial opinions
37. (1) If any question arises under this Act as to whether an individual or entity that proposes to establish, or to acquire control of, a Canadian business that carries on a specific type of business activity referred to in paragraph 15(a) is a Canadian, the Minister shall, on application by or on behalf of the individual or entity consider the application and any information and evidence submitted in connection with the application and, unless the Minister concludes that the submitted information and evidence is not sufficient to enable the Minister to reach an opinion on the question, shall provide the applicant with a written opinion for the guidance of the applicant.
(2) Subsection 37(2) of the Act is replaced by the following:
Marginal note:Other opinions
(2) Anyone may apply to the Minister, with supporting information, for an opinion on the applicability to them of any provision of this Act or the regulations to which subsection (1) does not apply, and the Minister may provide the applicant with a written opinion for the applicant’s guidance. For greater certainty, the application may be in relation to any question that arises under this Act as to whether the applicant is a Canadian.
2009, c. 2Related Amendments to the Budget Implementation Act, 2009
146. Subsections 448(1) and (2) of the Budget Implementation Act, 2009 are repealed.
147. Section 463 of the Act is repealed.
148. Subsection 465(2) of the Act is repealed.
Transitional Provisions
Marginal note:Definitions
149. The following definitions apply in sections 150 to 153.
“the Act”
« Loi »
“the Act” means the Investment Canada Act.
“transition period”
« période transitoire »
“transition period” means the period beginning on April 29, 2013 and ending on the day on which sections 143 and 144 come into force.
Marginal note:Certain applications deemed never filed
150. Any application that is filed under section 17 of the Act before the day on which subsection 14.1(1) of the Act, as enacted by subsection 137(1), comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if
(a) the investment to which the application relates would be subject to subsection 14.1(1) of the Act, as enacted by subsection 137(1), had the application been made on that day; and
(b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.1(1)(a) of the Act, as enacted by subsection 137(1).
Marginal note:Application of subsection 26(2.31)
151. (1) The Minister of Industry may make a determination under subsection 26(2.31) of the Act, as enacted by subsection 143(4), in respect of an entity that has implemented an investment during the transition period only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment of whether the entity was controlled in fact by one or more state-owned enterprises, as defined in section 3 of the Act, at the time the investment was implemented.
Marginal note:Application of subsection 26(2.32)
(2) For greater certainty, subsection 26(2.32) of the Act, as enacted by subsection 143(4), applies if the notice referred to in subsection (1) has been sent.
Marginal note:Application of subsection 28(6.1)
152. (1) If an investment has been implemented during the transition period, the Minister of Industry may make a determination under subsection 28(6.1) of the Act, as enacted by subsection 144(4), in respect of an entity directly or indirectly involved in the investment only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment to determine whether the entity was controlled in fact by a state-owned enterprise, as defined in section 3 of the Act, at the time the investment was implemented, or whether there was an acquisition of control in fact of that entity by such a state-owned enterprise, as the case may be.
Marginal note:Application of subsection 28(6.2)
(2) For greater certainty, subsection 28(6.2) of the Act, as enacted by subsection 144(4), applies if the notice referred to in subsection (1) has been sent.
Marginal note:Applications under section 37
153. Section 37 of the Act, as it read immediately before the day on which section 145 comes into force, continues to apply in respect of applications made under that section 37 before that day.
Coming into Force
Marginal note:Order in council
154. The provisions of this Division, except sections 136, 143 to 145, 149 and 151 to 153, come into force on a day or days to be fixed by order of the Governor in Council.
Division 7R.S., c. C-8Canada Pension Plan
Marginal note:R.S., c. 30 (2nd Supp.), s. 3
155. Subsection 8(2) of the Canada Pension Plan is replaced by the following:
Marginal note:Excess amount
(2) An excess amount has been paid when the aggregate of all amounts deducted as required from the remuneration of an employee for a year, whether by one or more employers, on account of the employee’s contribution for the year under this Act or under a provincial pension plan exceeds the sum obtained by adding the following amounts:
(a) the product obtained when the contribution rate for employees for the year under this Act is multiplied by the lesser of
(i) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply, plus the employee’s contributory self-employed earnings for the year in the case of an individual who is described in section 10 and to whom the provisions of this Act relating to the making of contributions apply, minus the prorated portion of the employee’s basic exemption for the year calculated under subsection (4), and
(ii) the prorated portion of the employee’s maximum contributory earnings for the year calculated under subsection (5); and
(b) the product obtained when the contribution rate for employees for the year under a provincial pension plan is multiplied by the lesser of
(i) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of a provincial pension plan apply, minus the prorated portion of the employee’s basic exemption for the year calculated under subsection (6), and
(ii) the prorated portion of the employee’s maximum contributory earnings for the year calculated under subsection (7).
Marginal note:Overpayment
(3) The overpayment made by the employee on account of an employee’s contribution for the year under this Act is the product obtained when the excess amount determined under subsection (2) is multiplied by the ratio that
(a) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply, subject to the maximum pensionable earnings in respect of each pensionable employment,
bears to
(b) the aggregate of the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply or to which the provisions of a provincial pension plan apply, subject to the maximum pensionable earnings in respect of each pensionable employment.
Marginal note:Prorated portion of employee’s basic exemption
(4) For the purposes of subparagraph (2)(a)(i), the prorated portion of the employee’s basic exemption for the year is the product obtained when the employee’s basic exemption is multiplied by the ratio that
(a) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply, subject to the maximum pensionable earnings in respect of each pensionable employment,
bears to
(b) the aggregate of the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply or to which the provisions of a provincial pension plan apply, subject to the maximum pensionable earnings in respect of each pensionable employment.
Marginal note:Prorated portion of employee’s maximum contributory earnings
(5) For the purposes of subparagraph (2)(a)(ii), the prorated portion of the employee’s maximum contributory earnings for the year is the product obtained when the employee’s maximum contributory earnings is multiplied by the ratio that
(a) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply, subject to the maximum pensionable earnings in respect of each pensionable employment,
bears to
(b) the aggregate of the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply or to which the provisions of a provincial pension plan apply, subject to the maximum pensionable earnings in respect of each pensionable employment.
Marginal note:Prorated portion of employee’s basic exemption
(6) For the purposes of subparagraph (2)(b)(i), the prorated portion of the employee’s basic exemption for the year is the difference between the employee’s basic exemption, determined without taking into account paragraphs 19(b) and (c), and the prorated portion calculated under subsection (4).
Marginal note:Prorated portion of employee’s maximum contributory earnings
(7) For the purposes of subparagraph (2)(b)(ii), the prorated portion of the employee’s maximum contributory earnings for the year is the difference between the employee’s maximum contributory earnings, determined without taking into account paragraphs 17(b) and (c) and 19(b) and (c), and the prorated portion calculated under subsection (5).
Division 8Improving Veterans’ Benefits
R.S., c. P-6Pension Act
156. Subsection 32(2) of the Pension Act is replaced by the following:
Marginal note:Retroactive pension
(2) If any person who is or has been in receipt of relief or unemployment assistance from the Department is or has been awarded a retroactive pension or a retroactive increase of pension, the difference between the amount actually paid by the Department and the amount that would have been paid if the retroactive pension or the retroactive increase of pension had been payable when the relief or unemployment assistance was issued shall be a second charge on the accumulated unpaid instalments of the pension and shall be withheld accordingly, subject to the payments to be made, as a first charge, to a province pursuant to subsection 30(2).
R.S., c. W-3War Veterans Allowance Act
Marginal note:2000, c. 12, s. 318(2), c. 34, s. 70(1)
157. Subparagraph 4(3)(c)(ii) of the War Veterans Allowance Act is replaced by the following:
(ii) payable under section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served.
158. Section 13 of the Act is replaced by the following:
Marginal note:Rights under Pension Act
13. The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance.
Transitional Provision
Marginal note:Retroactive pension
159. If, on the day on which this Division comes into force, a person is or has been in receipt of war veterans allowance referred to in subsection 32(2) of the Pension Act as it read immediately before that day and, on or after that day, is awarded a retroactive pension or a retroactive increase of pension under that Act, then any pension payments made under that Act in respect of a month the whole of which is before that day are subject to that subsection 32(2) and to section 13 of the War Veterans Allowance Act as they read immediately before that day.
Coming into Force
Marginal note:Order in council
160. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 9Immigration and Refugee Protection
2001, c. 27Immigration and Refugee Protection Act
Marginal note:2012, c. 1, s. 206
161. Subsections 30(1.4) to (1.6) of the Immigration and Refugee Protection Act are replaced by the following:
Marginal note:Purpose
(1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Marginal note:Revocation of work permit
(1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.
Marginal note:For greater certainty
(1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.
Marginal note:Revocation or suspension of an opinion
(1.43) If, in the view of the Department of Human Resources and Skills Development, public policy considerations that are specified in instructions given by the Minister of Human Resources and Skills Development justify it, that Department may
(a) revoke an opinion provided by that Department with respect to an application for a work permit;
(b) suspend the effects of the opinion; or
(c) refuse to process a request for such an opinion.
Marginal note:For greater certainty
(1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an opinion referred to in that subsection.
Marginal note:Publication
(1.5) Instructions given under this section shall be published in the Canada Gazette.
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 opinion 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.
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