Law:Budget Implementation Act, 2009

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S.c. 2009, c. 2

Assented to 2009-03-12

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures

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, 2009.


Part 1. Amendments In Respect Of Income Tax

Income Tax Act

2. (Amendment)

3. (Amendment)

4. (Amendments)

5. (Amendment)

6. (Amendment)

7. (Amendment)

8. (Amendment)

9. (Amendment)

10. (Amendments)

11. (Amendments)

12. (Amendments)

13. (Amendments)

14. (Amendment)

15. (Amendment)

16. (Amendment)

17. (Amendment)

18. (Amendment)

19. (Amendments)

20. (Amendment)

21. (Amendment)

22. (Amendments)

23. (Amendment)

24. (Amendment)

25. (Amendments)

26. (Amendments)

27. (Amendment)

28. (Amendment)

29. (Amendments)

30. (Amendments)

31. (Amendment)

32. (Amendment)

33. (Amendment)

34. (Amendments)

35. (Amendment)

36. (Amendments)

37. (Amendment)

38. (Amendment)

39. (Amendments)

40. (Amendments)

41. (Amendments)

42. (Amendment)

43. (Amendment)

44. (Amendment)

45. (Amendments)

46. (Amendments)

47. (Amendment)

48. (Amendment)

49. (Amendments)

50. (Amendment)

51. (Amendments)

52. (Amendments)

53. (Amendments)

54. (Amendments)

55. (Amendments)

56. (Amendments)

57. (Amendment)

58. (Amendments)

59. (Amendment)

60. (Amendments)

61. (Amendment)

62. (Amendments)

63. (Amendment)

64. (Amendment)

65. (Amendment)

66. (Amendment)

67. (Amendment)

68. (Amendments)

69. (Amendment)

70. (Amendments)

71. (Amendment)

72. (Amendment)

73. (Amendment)

74. (Amendment)

75. (Amendments)

76. (Amendments)

77. (Amendment)

78. (Amendments)

79. (Amendment)

80. (Amendment)

81. (Transitional Provision)


Budget Implementation Act, 2008

82. (Amendment)


Income Tax Regulations

83. (Amendment)

84. (Amendment)

85. (Amendment)

86. (Amendment)

87. (Amendment)

88. (Amendment)

89. (Amendment)

90. (Amendment)

91. (Amendments)

92. (Amendment)

93. (Amendment)

94. (Amendment)

95. (Amendment)

96. (Amendment)

97. (Amendment)

98. (Amendment)

99. (Amendments)

100. (Amendment)

101. (Amendments)

102. (Amendment)

103. (Amendment)

104. (Amendment)

105. (Amendments)

106. (Amendments)

107. (Amendment)

108. (Amendment)

109. (Amendment)

110. (Amendment)

111. (Amendment)

112. (Amendments)

113. (Amendment)

114. (Amendment)

115. (Amendment)

116. (Amendment)

117. (Amendments)

118. (Amendments)


Part 2. Amendments In Respect Of Sales And Excise Taxes

Excise Act, 2001

119. (Amendment)

120. (Amendments)


Excise Tax Act

121. (Amendments)


Part 3. Amendments To The Customs Tariff

Customs Tariff

122. (Amendment)

123. (Amendment)

124. (Amendment)

125. (Amendment)

126. (Amendment)

127. (Amendment)

128. (Amendment)

129. (Amendment)

130. (Amendment)

131. (Amendment)

132. (Amendment)

133. (Amendment)

134. (Amendment)

135. (Amendment)

136. (Amendment)

137. (Amendment)

138. (Amendment)

139. (Amendment)

140. (Amendment)

141. (Amendment)

142. (Amendment)

143. (Amendment)

144. (Amendment)

145. (Amendment)

146. (Amendment)

147. (Amendment)

148. (Amendment)

149. (Amendment)

150. (Amendment)

151. (Amendment)

152. (Amendment)

153. (Amendment)

154. (Amendment)

155. (Amendment)

156. (Amendment)

157. (Amendment)

158. (Amendment)

159. (Amendment)

160. (Amendment)

161. (Amendment)

162. (Amendment)

163. (Amendment)

164. (Amendment)

165. (Amendment)

166. (Amendment)

167. (Amendment)

168. (Amendment)

169. (Amendment)

170. (Amendment)

171. (Amendment)

172. (Amendment)

173. (Amendment)

174. (Amendment)

175. (Amendment)

176. (Amendment)

177. (Amendment)

178. (Amendment)

179. (Amendment)

180. (Amendment)

181. (Amendment)

182. (Amendment)

183. (Amendment)

184. (Amendment)

185. (Amendment)

186. (Amendment)

187. (Amendment)

188. (Amendment)

189. (Amendment)

190. (Amendment)

191. (Amendment)

192. (Amendment)

193. (Amendment)

194. (Amendment)

195. (Amendment)

196. (Amendment)

197. (Amendment)

198. (Amendment)

199. (Amendment)

200. (Amendment)

201. (Amendment)

202. (Amendment)

203. (Amendment)

204. (Amendment)

205. (Amendment)

206. (Amendment)

207. (Amendment)

208. (Amendment)

209. (Amendment)

210. (Amendment)

211. (Amendment)

212. (Amendment)

213. (Amendment)

214. (Amendment)

215. (Amendment)

216. (Amendment)

217. (Amendment)

218. (Amendment)

219. (Amendment)

220. (Amendments)


Coming into Force

September 8, 2008

221. (1) Sections 123 to 127 and subsection 220(1) are deemed to have come into force on September 8, 2008.

January 28, 2009

(2) Sections 122 and 128 to 219 and subsection 220(2) are deemed to have come into force on January 28, 2009.


Part 4. Employment Insurance

Employment Insurance Act

222. (Amendment)

223. (Amendment)

224. (Amendments)


Claimants Not in Canada

Subsection 55(7)

225. The maximum number of weeks for which benefits may be paid to a claimant referred to in subsection 55(7) of the Employment Insurance Regulations whose benefit period has not ended before the second Sunday before the day on which this Act receives royal assent and does not begin after September 11, 2010 is to be determined in accordance with Schedule 10.


Pilot Project Relating To Extended Benefits

226. (Transitional Provision)


Premium Rates Provided for Under the Employment Insurance Act

227. (Transitional Provision)

228. (Transitional Provision)


Transitional Provision

229. (Transitional Provision)


Coordinating Amendments

230. (Amendments)


Coming into Force

Retroactive effect

231. (1) Subsection 224(1) is deemed to have come into force on the second Sunday before the day on which this Act receives royal assent.

September 12, 2010

(2) Subsection 224(2) comes into force on September 12, 2010.


Part 5. Stability And Efficiency Of The Financial System

Division 1

Financial Administration Act

232. (Amendment)


Division 2

Canada Deposit Insurance Corporation Act

Amendments to the Act

233. (Amendment)

234. (Amendment)

235. (Amendment)

236. (Amendments)

237. (Amendment)

238. (Amendment)

239. (Amendment)

240. (Amendment)

241. (Amendment)

242. (Amendment)

243. (Amendments)

244. (Amendment)

245. (Amendments)

246. (Amendment)

247. (Amendment)

248. (Amendment)

249. (Amendment)

250. (Amendment)

251. (Amendment)

252. (Amendment)

253. (Amendment)

254. (Amendment)


Consequential Amendments

Access to Information Act

255. (Amendment)


Canadian Payments Act

256. (Amendment)


Financial Administration Act

257. (Amendments)


Winding-up and Restructuring Act

258. (Amendment)


Coming into Force

Order in council

Retroactivity

(2) Section 254 is deemed to have come into force on January 27, 2009.


Division 3

Export Development Act

260. (Amendments)

261. (Amendment)

262. (Amendments)

263. (Amendment)


Division 4

Business Development Bank of Canada Act

264. (Amendment)


Division 5

Canada Small Business Financing Act

Amendments to the Act

265. (Amendments)

266. (Amendment)

267. (Amendment)


Coming into Force

Coming into force

268. This Division comes into force on April 1, 2009 or, if it is later, on the day on which this Act receives royal assent.


Division 6

Legislation Governing Financial Institutions

Bank Act

269. (Amendment)

270. (Amendment)

271. (Amendment)

272. (Amendment)

273. (Amendment)

274. (Amendment)

275. (Amendment)


Cooperative Credit Associations Act

276. (Amendment)

277. (Amendment)

278. (Amendment)

279. (Amendment)


Financial Consumer Agency of Canada Act

280. (Amendment)


Green Shield Canada Act

281. (Amendment)


Insurance Companies Act

282. (Amendment)

283. (Amendment)

284. (Amendment)

285. (Amendment)

286. (Amendment)

287. (Amendment)


Trust and Loan Companies Act

288. (Amendment)

289. (Amendment)

290. (Amendment)

291. (Amendment)

292. (Amendment)


Coordinating Amendment

293. (Amendment)


Coming into Force

Order in council


Division 7

Securities

Securities Regulation

Maximum payment of $150,000,000

295. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding $150,000,000, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

Payments out of C.R.F.

(2) 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, and on any terms and conditions, that the Minister of Finance considers appropriate.

Agreements

296. The Minister of Finance may enter into any agreement respecting securities regulation with any province or territory.


Canadian Securities Regulation Regime Transition Office Act

Enactment of Act

297. The Canadian Securities Regulation Regime Transition Office Act is enacted as follows:

(See Canadian Securities Regulation Regime Transition Office Act)


Transitional Provision

298. (Transitional Provision)


Coming into Force

Order in council


Part 6. Payments

Infrastructure Stimulus Fund

Maximum payment of $2,000,000,000

300. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two billion dollars to provide funding for infrastructure projects primarily related to infrastructure rehabilitation.


Provincial-Territorial Infrastructure Base Funding Program

Maximum payment of $495,000,000

301. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding four hundred and ninety-five million dollars to provide payments to provinces and territories under the Provincial-Territorial Infrastructure Base Funding Program for infrastructure projects.


Communities Component of the Building Canada Fund

Maximum payment of $250,000,000

302. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred and fifty million dollars to provide funding for infrastructure projects in communities that have a population of less than 100,000.


Green Infrastructure Fund

Maximum payment of $200,000,000

303. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to support infrastructure projects that promote a clean environment.


Community Adjustment Fund

Maximum payment of $51,000,000

304. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Atlantic Canada Opportunities Agency), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding fifty-one million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Atlantic Canada.

Maximum payment of $106,000,000

305. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Economic Development Agency of Canada for the Regions of Quebec), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and six million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the regions of Quebec.

Maximum payment of $175,000,000

306. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and seventy-five million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Ontario.

Maximum payment of $17,000,000

307. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventeen million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the territories.

Maximum payment of $154,000,000

308. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Western Economic Diversification), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and fifty-four million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Western Canada.


Improving Infrastructure at Universities and Colleges

Maximum payment of $1,000,000,000

309. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one billion dollars for the construction, renovation, refurbishment or repair of buildings and facilities at post-secondary institutions.

2009, c. 2, s. 309, c. 31, s. 24.

Previous Version

First Nations Housing

Maximum payment of $75,000,000

310. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventy-five million dollars to support on-reserve housing.

Maximum payment of $125,000,000

311. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and twenty-five million dollars to the Canada Mortgage and Housing Corporation to support on-reserve housing.


Renovation and Retrofit of Social Housing

Maximum payment of $500,000,000

312. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding five hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories to address the backlog in demand for renovation and energy retrofits of social housing.


Housing for Low-income Seniors

Maximum payment of $200,000,000

313. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for low-income seniors.


Housing for Persons with Disabilities

Maximum payment of $25,000,000

314. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding twenty-five million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for persons with disabilities.


Northern Housing

Maximum payment of $100,000,000

315. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the territories for the renovation and construction of social housing units.


Canada Health Infoway Inc.

Maximum payment of $500,000,000

316. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding five hundred million dollars to Canada Health Infoway Inc. for the development of electronic health records and related systems.


Part 7. Navigable Waters Protection Act

Amendments to the Act

317. (Amendment)

318. (Amendment)

319. (Amendment)

320. (Amendments)

321. (Amendment)

322. (Amendments)

323. (Amendment)

324. (Amendment)

325. (Amendment)

326. (Amendment)

327. (Amendment)

328. (Amendment)

329. (Amendment)

330. (Amendment)

331. (Amendment)

332. (Amendment)

333. (Amendment)

334. (Amendment)

335. (Amendment)

336. (Amendment)

337. (Amendment)

338. (Amendment)

339. (Amendment)

340. (Amendment)


Consequential Amendment to the International Bridges and Tunnels Act

341. (Amendment)


Part 8. Miscellaneous Provisions

Division 1

Wage Earner Protection Program

Wage Earner Protection Program Act

342. (Amendment)

343. (Amendments)

344. (Amendment)

345. (Amendment)

346. (Amendments)

347. (Amendments)


Wage Earner Protection Program Regulations

348. (Amendment)

349. (Amendments)

350. (Amendment)

351. (Amendments)

352. (Amendment)

353. (Amendments)

354. (Amendment)


Consequential Amendments to the Bankruptcy and Insolvency Act

355. (Amendment)

356. (Amendment)


Transitional Provision

357. (Transitional Provision)


Division 2

Federal Financial Assistance for Students

Canada Student Financial Assistance Act

358. (Amendment)

359. (Amendment)

360. (Amendment)

361. (Amendment)

362. (Amendment)

363. (Amendment)

364. (Amendment)


Canada Student Loans Act

365. (Amendment)

366. (Amendment)

367. (Amendment)


Consequential Amendment to the Budget Implementation Act, 2008

368. (Amendment)


Division 3

Crown Corporations

Financial Administration Act

369. (Amendment)

370. (Amendments)

371. (Amendment)

372. (Amendment)

373. (Amendments)

374. (Amendment)

375. (Amendment)


Consequential Amendments

Canada Council for the Arts Act

376. (Amendment)


Canada Employment Insurance Financing Board Act

377. (Amendment)


Canada Post Corporation Act

378. (Amendment)


Canadian Dairy Commission Act

379. (Amendment)


Canadian Race Relations Foundation Act

380. (Amendment)


Public Sector Pension Investment Board Act

381. (Amendment)

382. (Amendment)


Part 9. Payments To Provinces

Federal-Provincial Fiscal Arrangements Act

383. (Amendment)

384. (Amendment)

385. (Amendment)

386. (Amendment)

387. (Amendment)

388. (Amendment)

389. (Amendments)

390. (Amendment)

391. (Amendment)


Payment to Nova Scotia

Payment of $74,188,000

392. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of seventy-four million and one hundred and eighty-eight thousand dollars to Nova Scotia.


Part 10. Expenditure Restraint Act

Enactment of Act

393. The Expenditure Restraint Act, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 11 to this Act, is hereby enacted:

(See Expenditure Restraint Act)


Part 11. Equitable Compensation

Public Sector Equitable Compensation Act

The following provision is not in force.Enactment of Act

394. The Public Sector Equitable Compensation Act is enacted as follows:

(See Public Sector Equitable Compensation Act)


Transitional Provisions

395. (Transitional Provision)

396. (Transitional Provision)

397. (Transitional Provision)

398. (Transitional Provision)


Consequential Amendments

Canadian Human Rights Act

The following provision is not in force.399. (Amendment)


Public Service Labour Relations Act

The following provision is not in force.400. (Amendment)

The following provision is not in force.401. (Amendment)

The following provision is not in force.402. (Amendment)

The following provision is not in force.403. (Amendment)

The following provision is not in force.404. (Amendment)

The following provision is not in force.405. (Amendment)


Coming into Force

Order in council


Part 12. Competition Act

Amendments to the Act

407. (Amendment)

408. (Amendment)

409. (Amendment)

410. (Amendment)

411. (Amendments)

412. (Amendment)

413. (Amendment)

414. (Amendments)

415. (Amendment)

416. (Amendment)

417. (Amendment)

418. (Amendment)

419. (Amendment)

420. (Amendment)

421. (Amendment)

422. (Amendment)

423. (Amendment)

424. (Amendments)

425. (Amendment)

426. (Amendment)

427. (Amendments)

428. (Amendments)

429. (Amendment)

430. (Amendment)

431. (Amendments)

432. (Amendment)

433. (Amendment)

434. (Amendment)

435. (Amendment)

436. (Amendment)

437. (Amendment)

438. (Amendment)

439. (Amendment)


Transitional Provision

440. (Transitional Provision)


Consequential Amendments

Competition Tribunal Act

441. (Amendment)


Criminal Code

442. (Amendment)


Shipping Conferences Exemption Act, 1987

443. (Amendment)


Coming into Force

Sections 410, 429 and 442


Part 13. Investment Canada Act

Amendments to the Act

445. (Amendment)

446. (Amendment)

447. (Amendments)

448. (Amendments)

449. (Amendment)

450. (Amendment)

451. (Amendment)

452. (Amendment)

453. (Amendment)

454. (Amendments)

455. (Amendments)

456. (Amendment)

457. (Amendments)

458. (Amendments)

459. (Amendment)

460. (Amendments)

461. (Amendment)

462. (Amendments)


Transitional Provisions

463. (Transitional Provision)

464. (Transitional Provision)


Coming into Force

February 6, 2009

465. (1) Sections 445, 447 and 453 to 456, subsections 457(1) to (4), section 460 and subsections 462(1), (3), (4) and (6) are deemed to have come into force on February 6, 2009.

Subsections 448(1) and (2)


Part 14. Canada Transportation Act

Amendments to the Act

The following provision is not in force.466. (Amendment)

The following provision is not in force.467. (Amendment)


Coming into Force

Order in council


Part 15. Air Canada Public Participation Act

Amendments to the Act

The following provision is not in force.469. (Amendments)


Transitional Provisions

The following provision is not in force.470. (Transitional Provision)


Coming into Force

Order in council

Schedule 1

(Section 127)

(Amendment)

Schedule 2

(Section 170)

(Amendment)

Schedule 3

(Section 213)

(Amendment)

Schedule 4

(Section 215)

(Amendment)

Schedule 5

(Section 218)

(Amendment)

Schedule 6

(Subsection 220(1))

(Amendment)

Schedule 7

(Subsection 220(2))

(Amendment)

Schedule 8

(Subsection 224(1))

(Amendment)

Schedule 9

(Subsection 224(2))

(Amendment)

Schedule 10

(Section 225)


1,820 or more
Column 1 Column 2
Number of Hours of Insurable Employment Number of Weeks of Benefits
420–454 15
455–489 15
490–524 16
525–559 16
560–594 17
595–629 17
630–664 18
665–699 18
700–734 19
735–769 19
770–804 20
805–839 20
840–874 21
875–909 21
910–944 22
945–979 22
980–1,014 23
1,015–1,049 23
1,050–1,084 24
1,085–1,119 24
1,120–1,154 25
1,155–1,189 25
1,190–1,224 26
1,225–1,259 26
1,260–1,294 27
1,295–1,329 27
1,330–1,364 28
1,365–1,399 28
1,400–1,434 29
1,435–1,469 30
1,470–1,504 31
1,505–1,539 32
1,540–1,574 33
1,575–1,609 34
1,610–1,644 35
1,645–1,679 36
1,680–1,714 37
1,715–1,749 38
1,750–1,784 39
1,785–1,819 40
41

Schedule 11

(Section 393)

(See Expenditure Restraint Act)


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