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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 2GST/HST Measures (continued)

R.S., c. E-15Excise Tax Act (continued)

  •  (1) Part I of Schedule VI to the Act is amended by adding the following after section 5:

  • (2) Subsection (1) is deemed to have come into force on March 20, 2019.

Marginal note:2012, c. 19, s. 32(2)

  •  (1) Paragraphs (a) and (b) of the definition specified professional in section 1 of Part II of Schedule VI to the Act are replaced by the following:

    • (a) in respect of a supply included in any of sections 23, 24.1 and 35,

      • (i) a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy, occupational therapy, chiropody or podiatry, or

      • (ii) a registered nurse, and

    • (b) in respect of any other supply,

      • (i) a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy or occupational therapy, or

      • (ii) a registered nurse.

  • (2) Subsection (1) applies to any supply made after March 19, 2019.

  •  (1) Schedule VII to the Act is amended by adding the following after section 12:

    13 In vitro embryos, as defined in section 3 of the Assisted Human Reproduction Act.

  • (2) Subsection (1) is deemed to have come into force on March 20, 2019.

  •  (1) Part I of Schedule X to the Act is amended by adding the following after section 26:

  • (2) Subsection (1) is deemed to have come into force on March 20, 2019.

SOR/91-51; SOR/2006-162, s. 6Streamlined Accounting (GST/HST) Regulations

  •  (1) The portion of subsection 21.3(4) of the Streamlined Accounting (GST/HST) Regulations before paragraph (a) is replaced by the following:

    • (4) For the purposes of this Part, if any of paragraphs 13(7)(g) to (i) of the Income Tax Act deems an amount to be the capital cost to a registrant of a passenger vehicle for the purposes of section 13 of that Act, the amount, if any, by which

  • (2) The description of B in paragraph 21.3(4)(b) of the Regulations is replaced by the following:

    B
    is the amount deemed by any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost to the registrant of the vehicle for the purposes of section 13 of that Act,
  • (3) Subsections (1) and (2) are deemed to have come into force on March 19, 2019.

PART 32002, c. 22Excise Act, 2001

Marginal note:2018, c. 12, s. 69(4)

  •  (1) The description of B in paragraph (a) of the definition dutiable amount in section 2 of the Excise Act, 2001 is replaced by the following:

    B
    is the percentage set out in paragraph 2(a) of Schedule 7, and
  • Marginal note:2018, c. 12, s. 69(4)

    (2) Paragraphs (a) and (b) of the definition low-THC cannabis product in section 2 of the Act are replaced by the following:

    • (a) consisting entirely of

      • (i) fresh cannabis,

      • (ii) dried cannabis, or

      • (iii) oil that contains anything referred to in item 1 or 3 of Schedule 1 to the Cannabis Act and that is in liquid form at a temperature of 22 ± 2°C; and

    • (b) any part of which does not have a maximum yield of more than 0.3% THC w/w, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act. (produit du cannabis à faible teneur en THC)

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    dried cannabis

    dried cannabis has the same meaning as in subsection 2(1) of the Cannabis Act. (cannabis séché)

    fresh cannabis

    fresh cannabis has the same meaning as in subsection 1(1) of the Cannabis Regulations. (cannabis frais)

    THCA

    THCA means delta-9-tetrahydrocannabinolic acid. (ATHC)

    total THC

    total THC of a cannabis product means the total quantity of THC, in milligrams, that the cannabis product could yield, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act. (THC total)

  • (4) Subsections (1) to (3) come into force, or are deemed to have come into force, on May 1, 2019.

  •  (1) Section 172 of the Act is replaced by the following:

    Marginal note:Application of interest provisions

    172 For greater certainty, if an amendment to this Act, or an amendment or enactment that relates to this Act, comes into force on, or applies as of, a particular day that is before the day on which the amendment or enactment is assented to or promulgated, the provisions of this Act and of the Customs Act, as the case may be, that relate to the calculation and payment of interest apply in respect of the amendment or enactment as though it had been assented to or promulgated on the particular day.

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

Marginal note:2018, c. 12, s. 84

  •  (1) Paragraph (b) of the description of A in section 233.1 of the Act is replaced by the following:

    • (b) the amount obtained by multiplying the fair market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time;

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

Marginal note:2018, c. 12, s. 86

  •  (1) Paragraph (b) of the description of A in section 234.1 of the Act is replaced by the following:

    • (b) the amount obtained by multiplying the fair market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time;

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

Marginal note:2018, c. 12, s. 87(2)

  •  (1) Subparagraphs 238.1(2)(b)(i) and (ii) of the Act are replaced by the following:

    • (i) the dollar amount set out in subparagraph 1(a)(i) of Schedule 7,

    • (ii) if the stamp is in respect of a specified province, three times the dollar amount set out in subparagraph 1(a)(i) of Schedule 7, and

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019.

Marginal note:2018, c. 12, s. 93

  •  (1) Sections 1 to 4 of Schedule 7 to the Act are replaced by the following:

    • 1 Any cannabis product produced in Canada or imported: the amount equal to

      • (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of

        • (i) $0.25 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,

        • (ii) $0.075 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,

        • (iii) $0.25 per viable seed included in the cannabis product or used in the production of the cannabis product, and

        • (iv) $0.25 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and

      • (b) in any other case, $0.0025 per milligram of the total THC of the cannabis product.

    • 2 Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by

      • (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.5%; and

      • (b) in any other case, 0%.

    • 3 Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by

      • (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.5%; and

      • (b) in any other case, 0%.

    • 4 Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by

      • (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.5%; and

      • (b) in any other case, 0%.

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019 except that for the purpose of determining the amount of duty imposed on or after that day under subsection 158.19(2) of the Act on any cannabis product that is packaged before that day, section 2 of Schedule 7 to the Act is to be read as it read on April 30, 2019.

PART 4Various Measures

DIVISION 1Financial Sector

SUBDIVISION A1991, c. 46Bank Act

Amendments to the Act

Marginal note:2010, c. 12, s. 1961(2)

  •  (1) Subsection 151(5) of the Bank Act is replaced by the following:

    • Marginal note:Voting

      (5) The by-laws of a federal credit union may, subject to the regulations, allow members to vote, prior to the meeting, subject to any conditions set out in the by-laws,

      • (a) by mail;

      • (b) in person, at one of its branches;

      • (c) by telephonic or electronic means; or

      • (d) by any other prescribed means.

  • Marginal note:2010, c. 12, s. 1961(2)

    (2) Paragraph 151(6)(b) of the Act is replaced by the following:

    • (b) respecting the manner and conditions of voting referred to in paragraphs (5)(a) to (d) by members of federal credit unions.

Marginal note:1997, c. 15, s. 10

 Subsection 156.04(1) of the Act is replaced by the following:

Marginal note:Mandatory solicitation

  • 156.04 (1) Subject to subsections (2) and 140(2), the management of a bank shall, concurrently with sending notice of a meeting of shareholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting.

Marginal note:1997, c. 15, s. 10

  •  (1) Subsections 156.05(1) and (2) of the Act are replaced by the following:

    Marginal note:Soliciting proxies

    • 156.05 (1) A person shall not solicit proxies unless a proxy circular that is in accordance with the regulations is sent to the auditor or auditors of the bank, to each shareholder whose proxy is solicited and, in the case set out in paragraph (b), to the bank as follows:

      • (a) in the case of solicitation by or on behalf of the management of a bank, a management proxy circular, either as an appendix to or as a separate document accompanying the notice of meeting; and

      • (b) in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.

    • Marginal note:Exception — limited solicitation

      (1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, with two or more joint holders being counted as one shareholder.

    • Marginal note:Exception — solicitation by public broadcast

      (1.2) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

    • Marginal note:Copy to Superintendent

      (2) A person who sends a management proxy circular or dissident’s proxy circular shall concurrently send to the Superintendent a copy of it together with the form of proxy, any other documents for use in connection with the meeting and, in the case of a management proxy circular, a copy of the notice of meeting.

  • Marginal note:1997, c. 15, s. 10

    (2) Subsection 156.05(4) of the Act is replaced by the following:

    • Marginal note:Publication of exemptions

      (4) The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).

Marginal note:2005, c. 54, s. 31

 Section 156.071 of the Act is replaced by the following:

Marginal note:Regulations

156.071 The Governor in Council may make regulations

  • (a) respecting the powers that may be granted by a shareholder in a form of proxy;

  • (b) respecting proxy circulars and forms of proxy, including the form and content of those documents; and

  • (c) respecting the conditions under which a bank is exempt from any of the requirements of sections 156.02 to 156.07.

2005, c. 54An Act to amend certain Acts in relation to financial institutions

 Subsection 27(2) of the English version of An Act to amend certain Acts in relation to financial institutions is amended by replacing the subparagraphs (a)(i) and (ii) of the definition solicitation that it enacts with the following:

  • (i) a request for a proxy whether or not accompanied by or included in a form of proxy,

  • (ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

 

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