Budget Implementation Act, 2008
S.C. 2008, c. 28
Assented to 2008-06-18
An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget
Preamble
Whereas, when the Government of Canada tables a budget in Parliament, a fiscal plan is an integral part of that budget;
Whereas the Government of Canada is committed to meeting the challenge of global economic uncertainty with a responsible, prudent and effective fiscal plan as reflected in the Budget Plan tabled in Parliament on February 26, 2008;
Whereas it is imperative to preserve the fiscal integrity of that Budget Plan and the integrity of the budget process, and important not to risk the Government of Canada going into deficit;
And whereas it is expedient to implement certain provisions of that Budget Plan;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Budget Implementation Act, 2008.
PART 1Amendments Related to Income Tax
Income Tax Act
2 [Amendments]
3 [Amendments]
4 [Amendments]
5 [Amendment]
6 [Amendment]
7 [Amendment]
8 [Amendment]
9 [Amendment]
10 [Amendment]
11 [Amendment]
12 [Amendments]
13 [Amendment]
14 [Amendments]
15 [Amendment]
16 [Amendments]
17 [Amendment]
18 [Amendments]
19 [Amendments]
20 [Amendment]
21 [Amendment]
22 [Amendment]
23 [Amendments]
24 [Amendment]
25 [Amendments]
26 [Amendment]
27 [Amendment]
28 [Amendments]
29 [Amendment]
30 [Amendment]
31 [Amendment]
32 [Amendment]
33 [Amendment]
34 [Amendments]
35 [Amendment]
36 [Amendment]
37 [Amendment]
Canada Pension Plan
38 [Amendments]
Employment Insurance Act
39 [Amendments]
Coordinating Amendments
40 [Amendment]
41 [Amendments]
42 [Amendment]
43 [Amendment]
44 [Amendment]
Conditional Amendments
45 [Amendment]
46 [Amendment]
47 [Amendments]
Footnote *48 Sections 46 and 47 come into force, or are deemed to have come into force, on the day on which the other Act receives royal assent.
Return to footnote *[Note: Sections 46 and 47 not in force.]
PART 2Amendments in Respect of Excise Duty on Tobacco Products and Alcohol
Excise Act
49 [Amendment]
Excise Act, 2001
Amendments to the Act
50 [Amendment]
51 [Amendments]
52 [Amendments]
53 [Amendment]
54 [Amendments]
55 [Amendment]
56 [Amendment]
57 [Amendment]
58 [Amendment]
59 [Amendment]
60 [Amendment]
61 [Amendments]
62 [Amendment]
63 [Amendments]
64 [Amendments]
65 [Amendment]
66 [Amendment]
67 [Amendment]
68 [Amendment]
Application
69 [Transitional provision]
Related Amendments
Customs Tariff
70 [Amendment]
71 [Amendment]
PART 3Amendments in Respect of the Goods and Services Tax and Harmonized Sales Tax (GST/HST)
Excise Tax Act
72 [Amendments]
73 [Amendments]
74 [Amendments]
75 [Amendment]
76 [Amendment]
77 [Amendments]
78 [Amendment]
79 [Amendment]
80 [Amendment]
81 [Amendment]
82 [Amendment]
83 [Amendment]
84 [Amendment]
85 [Amendments]
86 [Amendments]
87 [Amendment]
88 [Amendment]
89 [Amendment]
90 [Amendment]
91 [Amendment]
92 [Amendment]
93 [Amendment]
PART 4Canada Millennium Scholarship Foundation
Dissolution of the Foundation
Marginal note:Liquidation
94 (1) Within six months after the day on which this subsection comes into force, or any longer time that the Governor in Council determines on the recommendation of the Minister of Human Resources and Skills Development, the Canada Millennium Scholarship Foundation, established by section 3 of the Budget Implementation Act, 1998 and referred to in this Part as “the Foundation”, shall sell or otherwise dispose of all of its property other than property referred to in subsection (3) and discharge all of its liabilities, on terms and conditions that are approved by the Governor in Council.
Marginal note:Donations of money
(2) Despite subsection (1), money that was donated to the Foundation under section 21 of the Budget Implementation Act, 1998 — including any income arising from the investment of the money — and that was not used for carrying out the objects and purposes of the Foundation shall be paid to the donor.
Marginal note:Transfer to department
(3) Within the period referred to in subsection (1), the Foundation shall transfer to the Department of Human Resources and Skills Development the following things, including any electronic versions of them:
(a) the books of account and other records referred to in section 35 of the Budget Implementation Act, 1998, as well as any information that the Foundation collected in order to produce them;
(b) all other information that the Foundation has under its control concerning persons who have received scholarships or any other financial assistance from it;
(c) any studies that the Foundation has under its control, and any other information that it has collected through research; and
(d) any database containing information related to any of those books of account and other records, that other information and those studies, as well as any information necessary in order to use the database.
Marginal note:Remaining money
(4) After satisfying the obligations set out in subsections (1) to (3), the Foundation shall deposit all of its remaining money in the Consolidated Revenue Fund to the credit of the Receiver General.
Marginal note:Dissolution
(5) The Foundation is dissolved.
Amendments to the Budget Implementation Act, 1998
95 [Amendment]
96 [Amendment]
97 [Amendment]
Consequential Amendments
Access to Information Act
98 [Amendment]
Privacy Act
99 [Amendment]
Coming Into Force
Marginal note:January 5, 2010, or earlier
100 Footnote *(1) Subsections 94(1) to (4) and section 96 come into force on January 5, 2010, or on an earlier day that is fixed by order of the Governor in Council.
Return to footnote *[Note: Subsections 94(1) to (4) and section 96 in force January 5, 2010.]
Marginal note:Order in council
Footnote *(2) Subsection 94(5) and sections 95 and 97 to 99 come into force on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Subsection 94(5) and sections 95 and 97 to 99 in force October 20, 2010, see SI/2010-77.]
PART 5Federal Financial Assistance for Students
Amendments to the Canada Student Financial Assistance Act
101 [Amendments]
102 [Amendment]
103 [Amendment]
104 [Amendment]
105 [Repealed, 2009, c. 2, s. 368]
106 [Amendment]
107 [Amendment]
108 [Amendments]
109 [Amendment]
110 [Amendment]
Amendments to the Canada Student Loans Act
111 [Amendment]
112 [Amendment]
113 [Amendments]
114 [Amendment]
Coming into Force
Marginal note:Order in council
Footnote *115 Subsection 101(1) and sections 104 to 106 and 112 come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Section 104 in force August 1, 2009, see SI/2009-59; subsection 101(1) and sections 106 and 112 in force August 1, 2009, see SI/2009-66.]
PART 6Immigration and Refugee Protection Act
Amendments to the Act
116 [Amendment]
117 [Amendment]
118 [Amendment]
119 [Amendment]
Transitional Provision
120 [Repealed, 2012, c. 19, s. 709]
PART 7Employment Insurance
Canada Employment Insurance Financing Board Act
Marginal note:Enactment of Act
121 The Canada Employment Insurance Financing Board Act is enacted as follows:
[See Canada Employment Insurance Financing Board Act]
Transitional Provisions
122 [Transitional provision]
123 [Transitional provision]
Amendments to the Employment Insurance Act
124 [Amendment]
125 [Amendment]
126 [Amendment]
127 [Amendment]
128 [Amendment]
129 [Amendment]
130 [Amendment]
131 [Repealed before coming into force, 2010, c. 12, s. 2206]
Consequential Amendments
Department of Human Resources and Skills Development Act
132 [Amendments]
133 [Amendment]
Financial Administration Act
134 [Amendment]
Coming into Force
Marginal note:Order in council
Footnote *135 The provisions of this Part or those of the Canada Employment Insurance Financing Board Act, as enacted by section 121, come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note : Act, other than paragraph 4(a), as enacted by section 121 and sections 123 and 134 in force June 20, 2008, see SI/2008-76; sections 125 and 129 in force January 1, 2010, see SI/2009-116; paragraph 4(a), as enacted by section 121 and sections 122, 124, 126 to 128, 130, 132 and 133 in force September 23, 2010, see SI/2010-74.]
PART 8Payments to Provinces and Territories
Police Officers Recruitment Fund
Marginal note:Maximum payment of $400,000,000
136 (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding four hundred million dollars, to a trust established to provide provinces and territories with funding to support the recruitment of 2,500 new front-line police officers over the next five years.
Marginal note:Provincial or territorial share
(2) The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust.
Marginal note:Payments out of C.R.F.
(3) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner that the Minister of Finance considers appropriate.
Public Transit Capital Trust 2008
Marginal note:Maximum payment of $500,000,000
137 (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding five hundred million dollars, to a trust established to support capital investment in public transit infrastructure in the provinces and territories.
Marginal note:Beneficiaries’ share
(2) The beneficiaries of the trust and the amount that may be provided to each beneficiary under this section are to be determined in accordance with the terms of the trust indenture establishing the trust.
Marginal note:Payments out of C.R.F.
(3) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner that the Minister of Finance considers appropriate.
Payment to Saskatchewan for Carbon Capture and Storage
Marginal note:Maximum payment of $240,000,000
138 (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding two hundred and forty million dollars, to a trust established to provide Saskatchewan with funding to support a full scale commercial demonstration of carbon capture and storage in the coal-fired electricity sector.
Marginal note:Determination of amount
(2) The amount that may be provided to Saskatchewan under this section is to be determined in accordance with the terms of the trust indenture establishing the trust.
Marginal note:Payments out of C.R.F.
(3) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner that the Minister of Finance considers appropriate.
Payment to Nova Scotia for Carbon Storage
Marginal note:Maximum payment of $5,000,000
139 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, a sum not exceeding five million dollars to Nova Scotia to support geological research examining the potential for carbon storage in the province.
Canada Social Transfer Transition Protection Payment to Saskatchewan
Marginal note:Payment of $31,204,000
140 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of thirty-one million, two hundred and four thousand dollars to Saskatchewan.
Canada Social Transfer Transition Protection Payment to Nunavut
Marginal note:Payment of $705,000
141 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of seven hundred and five thousand dollars to Nunavut.
PART 9Payments to Certain Entities
Genome Canada
Marginal note:Maximum payment of $140,000,000
142 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding one hundred and forty million dollars to Genome Canada for its use.
Mental Health Commission of Canada
Marginal note:Maximum payment of $110,000,000
143 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding one hundred and ten million dollars to the Mental Health Commission of Canada for its use.
Marginal note:Terms and conditions
(2) The Minister of Health may, before or after this section comes into force, enter into an agreement with the Mental Health Commission of Canada respecting the terms and conditions applicable to the making of the payment and its use.
The Gairdner Foundation
Marginal note:Maximum payment of $20,000,000
144 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding twenty million dollars to The Gairdner Foundation for its use.
Marginal note:Terms and conditions
(2) The Minister of Health may, before or after this section comes into force, enter into an agreement with The Gairdner Foundation respecting the terms and conditions applicable to the making of the payment and its use.
University of Calgary
Marginal note:Maximum payment of $5,000,000
145 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Natural Resources, a sum not exceeding five million dollars to the University of Calgary for the purpose of examining regulatory, economic and technological barriers in order to accelerate the deployment of carbon capture and storage technologies.
Marginal note:Terms and conditions
(2) The Minister of Natural Resources may, before or after this section comes into force, enter into an agreement with the University of Calgary respecting the terms and conditions applicable to the making of the payment and its use.
PART 10Various Amendments
Bank of Canada Act
146 [Amendments]
147 [Amendment]
Budget Implementation Act, 2006
148 [Amendment]
Canadian Forces Superannuation Act
149 [Amendment]
150 [Amendment]
Cooperative Credit Associations Act
151 [Amendment]
Donkin Coal Block Development Opportunity Act
152 [Amendment]
Financial Administration Act
153 [Amendment]
Insurance Companies Act
154 [Amendment]
Interest Act
155 [Amendment]
Old Age Security Act
156 [Amendment]
Public Service Superannuation act
157 [Amendment]
158 [Amendment]
159 [Amendment]
160 [Amendment]
Royal Canadian Mounted Police Superannuation Act
161 [Amendment]
162 [Amendment]
Trust and Loan Companies Act
163 [Amendment]
Coming into Force
Marginal note:Order in council
Footnote *164 (1) Subject to subsection (2), the provisions of this Part, other than sections 148, 149, 151 to 155, 157 to 159, 161 and 163, come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 148, 149, 151 to 155, 157 to 159, 161 and 163 in force on assent June 18, 2008; sections 146 and 147 in force August 5, 2008, see SI/2008-84.]
Marginal note:Deemed coming into force
(2) Section 156 comes into force or is deemed to have come into force on July 1, 2008.
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