Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)
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Assented to 2022-06-23
PART 5Various Measures (continued)
DIVISION 29Medical Leave with Pay (continued)
2021, c. 27An Act to amend the Criminal Code and the Canada Labour Code (continued)
424 The Act is amended by adding the following after section 7:
7.1 The Act is amended by adding the following after section 239:
Marginal note:Application — 100 or more employees
239.001 The provisions of this Division respecting the medical leave of absence with pay apply to an employer and its employees beginning on the first day on which, as of the day on which this section comes into force, the employer has 100 or more employees, even if the number of employees falls below 100 after that first day.
425 (1) Subsection 8(2) of the Act is replaced by the following:
Marginal note:Order in council or December 1, 2022
(2) Sections 6 and 7 come into force on a day to be fixed by order of the Governor in Council, but no later than December 1, 2022.
(2) Section 8 of the Act is amended by adding the following after subsection (3):
Marginal note:Order in council
(4) Section 7.1 comes into force on a day to be fixed by order of the Governor in Council.
R.S., c. L-2Related Amendment to the Canada Labour Code
426 Section 239.001 of the Canada Labour Code is repealed.
Transitional Provision
Marginal note:Personal leave
427 Paragraph 206.6(1)(a) of the Canada Labour Code, as it read immediately before the day on which section 6 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, comes into force, continues to apply to every employer and its employees to which section 239.001 of the Canada Labour Code, as enacted by section 7.1 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, does not apply, until the day on which section 426 of this Act comes into force.
Coordinating Amendments
Marginal note:2021, c. 27
428 (1) In this section, other Act means An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021.
(2) If section 7 of the other Act comes into force before section 423 of this Act, then
(a) sections 423 to 427 and 429 of this Act are deemed never to have come into force and are repealed;
(b) subsection 239(1.2) of the Canada Labour Code is replaced by the following:
Marginal note:Leave with pay
(1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the day on which this subsection comes into force,
(a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and
(b) following the period of 30 days referred to in paragraph (a), at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay.
Marginal note:Maximum of 10 days
(1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.
(c) subsection 239(1.4) of the Canada Labour Code is replaced by the following:
Marginal note:Annual carry forward
(1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.21).
(d) subsections 239(1.6) and (2) of the Canada Labour Code are replaced by the following:
Marginal note:Certificate
(2) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.
(e) subsection 239(13) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and
(c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21).
(f) section 239 of the Canada Labour Code is amended by adding the following after subsection (13):
Marginal note:Application of section 189
(14) Section 189 applies for the purposes of this Division.
(3) If section 423 of this Act comes into force on the same day as section 7 of the other Act, then that section 423 is deemed to have come into force before that section 7.
Coming into Force
Marginal note:Order in council
429 Section 426 comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 30R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act
Amendments to the Act
430 Subsection 21.1(7) of the Canada Business Corporations Act is replaced by the following:
Marginal note:Non-application
(7) This section does not apply to a corporation
(a) that is a reporting issuer or an émetteur assujetti under an Act of the legislature of a province relating to the regulation of securities;
(b) any of the securities of which are listed and posted for trading on a designated stock exchange, as defined in subsection 248(1) of the Income Tax Act; or
(c) that is a member of a prescribed class.
431 The Act is amended by adding the following after section 21.2:
Marginal note:Sending of information to Director
21.21 (1) A corporation to which section 21.1 applies shall
(a) on an annual basis, send to the Director the information in its register of individuals with significant control over the corporation, in the form and within the period that the Director fixes; and
(b) within 15 days after the day on which it records information under subsection 21.1(3), send the information to the Director, in the form that the Director fixes.
Marginal note:Sending of information — certificates issued
(2) On or after the date shown on a certificate referred to in section 8, subsection 185(4) or 187(4), a corporation to which section 21.1 applies shall send to the Director the information referred to in paragraphs 21.1(1)(a) to (f) in relation to individuals with significant control over the corporation, in the form and within the period that the Director fixes.
Marginal note:Period for keeping and producing information
(3) The Director is not required to keep or produce any information received under subsection (1) or (2) after the end of the six-year period following the day on which it is received.
432 The Act is amended by adding the following after section 21.3:
Marginal note:Provision of information by Director
21.301 The Director may provide all or part of the information received under section 21.21 to an investigative body referred to in subsection 21.31(2), the Financial Transactions and Reports Analysis Centre of Canada or any prescribed entity.
433 Section 266 of the Act is replaced by the following:
Marginal note:Inspection
266 (1) A person who has paid the required fee is entitled during usual business hours to examine a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent to the Director under subsection 230(2), and to make copies of or extracts from it.
Marginal note:Copies or extracts
(2) The Director shall furnish any person with a copy, extract, certified copy or certified extract of a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent under subsection 230(2).
Coordinating Amendment
Marginal note:2018, c. 8
434 On the first day on which both section 44 of An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act, chapter 8 of the Statutes of Canada, 2018, and section 433 of this Act are in force, section 266 of the Canada Business Corporations Act is replaced by the following:
Marginal note:Inspection
266 (1) A person who has paid the required fee is entitled during usual business hours to examine and make copies of or take extracts from a document, except any information sent under section 21.21 and a report sent to the Director under subsection 230(2), that is required to be sent to the Director under this Act or that was required to be sent to a person performing a similar function under prior legislation.
Marginal note:Copies or extracts
(2) The Director shall, on request, provide any person with a copy, extract, certified copy or certified extract of a document that may be examined under subsection (1).
Coming into Force
Marginal note:Order in council
435 This Division, except sections 430 and 434, comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 31Economic Sanctions
1992, c. 17Special Economic Measures Act
436 The definition property in section 2 of the Special Economic Measures Act is replaced by the following:
- property
property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency; (bien)
437 The Act is amended by adding the following after section 3:
Purpose
Marginal note:Purpose of Act
3.1 The purpose of this Act is to enable the Government of Canada to take economic measures against certain persons in circumstances where an international organization of states or association of states of which Canada is a member calls on its members to do so, a grave breach of international peace and security has occurred, gross and systematic human rights violations have been committed in a foreign state or acts of significant corruption involving a national of a foreign state have been committed.
438 (1) Subsection 4(1) of the Act is replaced by the following:
Marginal note:Orders and regulations
4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (1.1) has occurred,
(a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) in relation to a foreign state that the Governor in Council considers necessary; and
(b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by
(i) a foreign state,
(ii) any person in that foreign state, or
(iii) a national of that foreign state who does not ordinarily reside in Canada.
(2) Paragraph 4(2)(a) of the Act is replaced by the following:
(a) any dealing by any person in Canada or Canadian outside Canada in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by that foreign state, any person in that foreign state, or a national of that foreign state who does not ordinarily reside in Canada;
(3) Subsections 4(4) and (5) of the Act are replaced by the following:
Marginal note:Order authorizing Minister
(4) The Governor in Council may, by order, authorize the Minister to
(a) issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act; or
(b) issue a general permit allowing any person in Canada or Canadian outside Canada to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act.
Marginal note:Ministerial permit
(5) The Minister may issue a permit or general permit, subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.
439 Section 5 of the Act is replaced by the following:
Marginal note:Costs
5 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 5.4 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.
Marginal note:Application for review
5.1 (1) A person whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time to the Minister in writing to request that the property cease being the subject of the order made under that paragraph.
Marginal note:Reasonable grounds
(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the property cease to be the subject of the order.
Marginal note:Ranking
5.2 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless
(a) the person is
(i) the foreign state identified in the order,
(ii) a person in that state, or
(iii) a national of that state who does not ordinarily reside in Canada; or
(b) the property is forfeited to Her Majesty in right of Canada under section 5.4.
Forfeiture Orders
Marginal note:Definitions
5.3 The following definitions apply in sections 5.4 to 5.6.
- judge
judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. (juge)
- Minister
Minister means the Minister responsible under section 6 for the administration of an order made under paragraph 4(1)(b). (ministre)
Marginal note:Forfeiture
5.4 (1) On application by the Minister, a judge shall order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property
(a) is described in an order made under paragraph 4(1)(b); and
(b) is owned by the person referred to in that order or is held or controlled, directly or indirectly, by that person.
Marginal note:Notice
(2) Before making the order in relation to the property, the court shall require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.
Marginal note:Manner of giving notice
(3) The notice shall
(a) be given in the manner that the court directs or that may be specified in the rules of the court;
(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and
(c) set out a description of the property.
Marginal note:Application by person
(4) Any person — other than a person referred to in any of subparagraphs 5.2(a)(i) to (iii) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.
Marginal note:Not a Crown corporation
5.5 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.
Marginal note:Payment out of Proceeds Account
5.6 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 5.4, but only for any of the following purposes:
(a) the reconstruction of a foreign state adversely affected by a grave breach of international peace and security;
(b) the restoration of international peace and security; and
(c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.
- Date modified: