Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 6Various Measures (continued)
DIVISION 141996, c. 23Employment Insurance Act (continued)
Transitional Provisions (continued)
Marginal note:Election made before August 12, 2018
294 An election that is made before August 12, 2018 under subsection 77.991(2) of the Regulations in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment that are included in the portion of the benefit period that falls in the period that begins on August 12, 2018 and that ends on August 14, 2021.
Marginal note:Claimants eligible to make election
295 (1) This section applies to
(a) a claimant who made an election under section 77.98 of the Regulations in respect of a benefit period, if the last notification of payment or non-payment of benefits in respect of that benefit period was issued to them after August 6, 2016;
(b) a claimant who made an election under subsection 77.991(2) of the Regulations; and
(c) a claimant who makes an election under section 293.
Marginal note:Election
(2) A claimant to whom this section applies may elect, in respect of earnings received during all weeks of unemployment before August 15, 2021 that fall in a benefit period established after August 11, 2018 but before August 15, 2021, to have deducted from benefits the amount, if any, of the earnings that exceeds the following instead of the amount described in subsection 19(2) or 152.18(2), as the case may be, of the Employment Insurance Act:
(a) $75, if the claimant’s rate of weekly benefits is less than $188; or
(b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.
Marginal note:Requirement to inform Commission
(3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period not later than the 30th day after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant or February 19, 2022, whichever is earlier. The election is irrevocable.
Marginal note:Late election
(4) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period that begins on the day on which the deadline expired and that ends on the day on which the claimant informs the Commission of their election.
Marginal note:No reconsideration of decision
(5) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Employment Insurance Act.
Coming into Force
Marginal note:August 12, 2018
296 This Division comes into force on August 12, 2018.
DIVISION 15R.S., c. J-1Judges Act
Amendments to the Act
297 Paragraph 10(c) of the Judges Act is replaced by the following:
(c) the Chief Justice and the Associate Chief Justice of the Federal Court, $344,400 each; and
298 Paragraph 12(d) of the Act is replaced by the following:
(d) the 198 other judges of the Superior Court of Justice, $314,100 each.
299 Paragraph 19(b) of the Act is replaced by the following:
(b) the seven Judges of Appeal, $314,100 each;
300 The portion of subsection 24(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unified family courts
(4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than 75 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)
301 (1) Paragraph 28(3)(a) of the English version of the Act is replaced by the following:
(a) by the Chief Justice of the Federal Court of Appeal, if the judge is a judge of that Court;
(2) Paragraph 28(3)(b) of the Act is replaced by the following:
(b) by the Chief Justice or the Associate Chief Justice of the Federal Court, if the judge is a judge of that Court; or
302 (1) Subsections 31(1) and (2) of the Act are replaced by the following:
Marginal note:Election of Chief or Associate Chief to change to duties of judge only
31 (1) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada has notified the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall then hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
Marginal note:Restriction on election
(2) The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.
(2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:
Marginal note:Duties of judge
(3) The Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be.
Marginal note:Salary of judge
(4) The salary of the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of a judge (other than the Chief Justice) of the Federal Court of Appeal, a judge (other than the Chief Justice or the Associate Chief Justice) of the Federal Court or a judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.
303 Subsection 43(2) of the Act is replaced by the following:
Marginal note:Annuity — election under section 31, 32 or 32.1
(2) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attainment of the age of retirement, to the office or position held by him or her immediately before his or her election.
R.S., c. F-7; 2002, c. 8, s. 14Consequential Amendments to the Federal Courts Act
304 (1) Subsection 5.1(1) of the Federal Courts Act is replaced by the following:
Marginal note:Constitution of Federal Court
5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 36 other judges.
(2) Subsection 5.1(3) of the Act is replaced by the following:
Marginal note:Additional office of judge
(3) For each of the offices of Chief Justice of the Federal Court and Associate Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice and Associate Chief Justice may elect under the Judges Act to hold.
305 (1) Subsection 6(1) of the Act is amended by adding the following after paragraph (b):
(b.1) the Associate Chief Justice of the Federal Court;
(2) Subsection 6(2) of the Act is replaced by the following:
Marginal note:Absence or incapacity of Chief Justice — Federal Court of Appeal
(2) If the office of Chief Justice of the Federal Court of Appeal is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by
(a) the judge of the Federal Court of Appeal who has been designated for that purpose by the Chief Justice of that Court; or
(b) if no judge has been designated under paragraph (a), or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.
Marginal note:Absence or incapacity of Chief Justice — Federal Court
(2.1) If the office of Chief Justice of the Federal Court is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed
(a) by the Associate Chief Justice of the Federal Court;
(b) if the office of Associate Chief Justice is vacant, or the Associate Chief Justice is absent from Canada or is for any reason unable to act, by a judge of that court designated by the Chief Justice for that purpose; or
(c) if no judge has been designated under paragraph (b), or if the judge so designated is absent from Canada or is unable or unwilling to act, by the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.
306 Subsection 10(4) of the Act is replaced by the following:
Marginal note:Salary of deputy judge
(4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice and the Associate Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.
307 Paragraph 45.1(1)(a) of the Act is replaced by the following:
(a) the Chief Justice of the Federal Court of Appeal;
(a.1) the Chief Justice or the Associate Chief Justice of the Federal Court;
Coordinating Amendment
Marginal note:2017, c. 33
308 On the first day on which both section 303 of this Act and subsection 239(3) of the Budget Implementation Act, 2017, No. 2 are in force, then subsection 43(2) of the Judges Act is replaced by the following:
Marginal note:Annuity — election under section 31, 32 or 32.1
(2) If the Chief Justice of the Federal Court of Appeal or the Chief Justice or Associate Chief Justice of the Federal Court or the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attainment of the age of retirement, to the office held by him or her immediately before his or her election.
Coming into Force
Marginal note:April 1, 2019
309 Section 300 comes into force on April 1, 2019.
DIVISION 16Financial Sector Legislative Renewal
SUBDIVISION AFinancial Technology Activities
1991, c. 45Trust and Loan Companies Act
310 (1) Paragraphs 410(1)(c) and (c.1) of the Trust and Loan Companies Act are replaced by the following:
(b.1) subject to sections 416 and 417 and the regulations, engage in any activity that relates to the provision of financial services by the company or any of its affiliates;
(c) subject to the regulations, engage in any of the following activities:
(i) collecting, manipulating and transmitting information, and
(ii) designing, developing, manufacturing, selling and otherwise dealing with technology, if those activities relate to
(A) an activity referred to in this subsection that is engaged in by the company or any of its affiliates, or
(B) the provision of financial services by any other entity,
(2) Subsection 410(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) provide identification, authentication or verification services.
(3) Paragraph 410(3)(a) of the Act is replaced by the following:
(a) respecting what a company may or may not do with respect to the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (d.1);
(4) Paragraph 410(3)(b) of the English version of the Act is replaced by the following:
(b) imposing terms and conditions in respect of the provision of the services referred to in paragraphs (1)(a) and 409(2)(c) and the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (d.1); and
(5) Paragraph 410(3)(c) of the Act is replaced by the following:
(c) respecting the circumstances in which a company may engage in an activity referred to in paragraphs (1)(b.1) and (c), including the circumstances in which it may collect, manipulate and transmit information under subparagraph (1)(c)(i).
311 Section 411 of the Act is replaced by the following:
Marginal note:Networking
411 (1) Subject to section 416 and the regulations, a company may
(a) act as agent for any person in respect of
(i) the carrying on of any activity referred to in subsection 410(1) that is engaged in by a financial institution, by a permitted entity as defined in subsection 449(1), if that definition were read without reference to the requirements of subsections 453(4) to (6), or by a prescribed entity, and
(ii) the provision of any service that relates to financial services and that is provided by an institution or entity referred to in subparagraph (i);
(a.1) enter into an arrangement with any person in respect of the carrying on of an activity referred to in subparagraph (a)(i) or the provision of a service referred to in subparagraph (a)(ii); and
(b) refer any person to another person.
Marginal note:Regulations
(2) The Governor in Council may make regulations
(a) respecting the circumstances in which a company may act as an agent, enter into an arrangement or refer a person under subsection (1); and
(b) imposing terms and conditions in respect of the carrying on of activities under that subsection.
Marginal note:Regulations
411.1 The Governor in Council may, for the purposes of section 409 and subsection 411(1), make regulations respecting what a company is prohibited from doing when acting as an agent or when making referrals.
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