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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

Marginal note:1928, c. 64

 An Act to incorporate the St. Clair Transit Company is repealed.

Marginal note:1934, c. 66

 An Act to incorporate Thousand Islands Bridge Company is repealed.

Marginal note:1955, c. 64

 An Act to incorporate St. Mary’s River Bridge Company is repealed.

Marginal note:1964-65, c. 6

 The Blue Water Bridge Authority Act is repealed.

Coming into Force

Marginal note:Order in council

 Sections 253 to 263 and 266 to 268 come into force on a day or days to be fixed by order of the Governor in Council.

Division 9R.S., c. F-11Financial Administration Act

 Section 100 of the Financial Administration Act is replaced by the following:

Marginal note:Security interests
  • 100. (1) Subject to subsection (2), no agent corporation, for the purposes of securing payment of a debt or performance of an obligation, shall charge, mortgage, hypothecate, cede and transfer, pledge or otherwise create an interest in or charge on any property held by the corporation.

  • Marginal note:Exception

    (2) Subject to any terms and conditions set out in the designation, an agent corporation designated by the Minister may pledge any securities or cash that it holds, or give deposits, as security for the payment or performance of any obligation of the corporation arising out of any derivative that it enters into or guarantees for the management of financial risks.

Division 10R.S., c. N-15National Research Council Act

 Section 2 of the National Research Council Act is amended by adding the following in alphabetical order:

“Chairperson”

« premier conseiller »

“Chairperson” means the Chairperson of the Council appointed under subsection 3(1);

Marginal note:2010, c. 12, s. 1757

 Subsection 3(1) of the Act is replaced by the following:

Marginal note:Council established
  • 3. (1) There is established a Council, to be called the National Research Council of Canada, consisting of a President, a Chairperson and not more than 10 other members, to be appointed by the Governor in Council.

 Section 9 of the Act is replaced by the following:

Marginal note:Acting President
  • 9. (1) If the President is absent or unable to act or if the office of President is vacant, the Minister may appoint another person to act as President, but that person may act as President for a period of more than 90 days only with the approval of the Governor in Council.

  • Marginal note:Acting Chairperson

    (2) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may appoint another person to act as Chairperson, but that person may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council.

 Subsection 11(2) of the Act is repealed.

 Section 13 of the Act is replaced by the following:

Marginal note:Meetings

13. The Council shall meet at least three times a year at the times and places in Canada that the Chairperson may determine. The Chairperson presides at those meetings.

Division 111995, c. 18Veterans Review and Appeal Board Act

 Section 4 of the Veterans Review and Appeal Board Act is replaced by the following:

Marginal note:Establishment of Board

4. There is established an independent board, to be known as the Veterans Review and Appeal Board, consisting of not more than 25 permanent members to be appointed by the Governor in Council and any number of temporary members that are appointed under section 6.

Division 121997, c. 40Canada Pension Plan Investment Board Act

Amendments to the Act

  •  (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

 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

 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

 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
  •  (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

 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.

 

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