Law:Budget Implementation Act, 2008

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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:


Contents

Short Title

Short title

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


Part 1. Amendments 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)


Part 2. Amendments 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 3. Amendments 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 4. Canada Millennium Scholarship Foundation

Dissolution of the Foundation

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.

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.

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.

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.

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

January 5, 2010, or earlier

100. *(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.

Order in council


Part 5. Federal 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)

Previous Version106. (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

Order in council


Part 6. Immigration And Refugee Protection Act

Amendments to the Act

116. (Amendment)

117. (Amendment)

118. (Amendment)

119. (Amendment)


Transitional Provision

120. (Transitional Provision)


Part 7. Employment Insurance

Canada Employment Insurance Financing Board Act

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)

Previous Version

Consequential Amendments

Department of Human Resources and Skills Development Act

132. (Amendments)

133. (Amendment)


Financial Administration Act

134. (Amendment)


Coming into Force

Order in council


Part 8. Payments To Provinces And Territories

Police Officers Recruitment Fund

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.

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.

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

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.

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.

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

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.

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.

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

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

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

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 9. Payments To Certain Entities

Genome Canada

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

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.

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

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.

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

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.

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 10. Various Amendments

Bank of Canada Act

146. (Amendments)

147. (Amendment)


Budget Implementation Act, 2006

148. (Amendment)


Canadian Forces Superannuation Act

149. (Amendment)

The following provision is not in force.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)

The following provision is not in force.160. (Amendment)


Royal Canadian Mounted Police Superannuation Act

161. (Amendment)

The following provision is not in force.162. (Amendment)


Trust and Loan Companies Act

163. (Amendment)


Coming into Force

Order in council

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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