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Budget Implementation Act, 2008 (S.C. 2008, c. 28)

Act current to 2024-11-11 and last amended on 2023-01-01. Previous Versions

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

 This Act may be cited as the Budget Implementation Act, 2008.

PART 1Amendments Related to Income Tax

Income Tax Act

 [Amendments]

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 [Amendment]

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 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Canada Pension Plan

 [Amendments]

Employment Insurance Act

 [Amendments]

Coordinating Amendments

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

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Conditional Amendments

 [Amendment]

 [Amendment]

 [Amendments]

Footnote * 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.

PART 2Amendments in Respect of Excise Duty on Tobacco Products and Alcohol

Excise Act

 [Amendment]

Excise Act, 2001

Amendments to the Act

 [Amendment]

 [Amendments]

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Application

 [Transitional provision]

Related Amendments

Customs Tariff

 [Amendment]

 [Amendment]

PART 3Amendments in Respect of the Goods and Services Tax and Harmonized Sales Tax (GST/HST)

Excise Tax Act

 [Amendments]

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PART 4Canada Millennium Scholarship Foundation

Dissolution of the Foundation

Marginal note:Liquidation

  •  (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

 [Amendment]

 [Amendment]

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Consequential Amendments

Access to Information Act

 [Amendment]

Privacy Act

 [Amendment]

Coming Into Force

Marginal note:January 5, 2010, or earlier

  •  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.

  • 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

 [Amendments]

 [Amendment]

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 [Repealed, 2009, c. 2, s. 368]

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Amendments to the Canada Student Loans Act

 [Amendment]

 [Amendment]

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 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * 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

 [Amendment]

 [Amendment]

 [Amendment]

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Transitional Provision

 [Repealed, 2012, c. 19, s. 709]

PART 7Employment Insurance

Canada Employment Insurance Financing Board Act

Marginal note:Enactment of Act

 The Canada Employment Insurance Financing Board Act is enacted as follows:

[See Canada Employment Insurance Financing Board Act]

Transitional Provisions

 [Transitional provision]

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Amendments to the Employment Insurance Act

 [Amendment]

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 [Repealed before coming into force, 2010, c. 12, s. 2206]

Consequential Amendments

Department of Human Resources and Skills Development Act

 [Amendments]

 [Amendment]

Financial Administration Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * 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

  •  (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

  •  (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

  •  (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

 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

 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

 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

 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

  •  (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

  •  (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

  •  (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

 [Amendments]

 [Amendment]

Budget Implementation Act, 2006

 [Amendment]

Canadian Forces Superannuation Act

 [Amendment]

 [Repealed before coming into force, 2008, c. 20, s. 3]

Cooperative Credit Associations Act

 [Amendment]

Donkin Coal Block Development Opportunity Act

 [Amendment]

Financial Administration Act

 [Amendment]

Insurance Companies Act

 [Amendment]

Interest Act

 [Amendment]

Old Age Security Act

 [Amendment]

Public Service Superannuation act

 [Amendment]

 [Amendment]

 [Amendment]

 [Repealed before coming into force, 2008, c. 20, s. 3]

Royal Canadian Mounted Police Superannuation Act

 [Amendment]

 [Repealed before coming into force, 2008, c. 20, s. 3]

Trust and Loan Companies Act

 [Amendment]

Coming into Force

Marginal note:Order in council

  • Footnote * (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; section 160 repealed before coming into force, see 2008, c. 20, s. 3; sections 150 and 162 repealed before coming into force, see 2008, c. 20, s. 3.]

  • 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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