B-9.8594 Budget Implementation Act, 2021, No. 1

Sections 129 to 131 come into force on a day to be fixed by order of the Governor in Council.[Note: Sections 129 to 131 not in force.]

Section 132 comes into force on the second anniversary of the day on which section 212 of the Budget Implementation Act, 2018, No. 1 comes into force.[Note: Section 132 in force April 30, 2024.]

Sections 140 and 143 to 148 come into force on a day to be fixed by order of the Governor in Council.[Note: Sections 140 and 143 to 148 in force June 30, 2023, see SI/2023-22.]

Sections 141 and 142 come into force on a day to be fixed by order of the Governor in Council.[Note: Sections 141 and 142 not in force.]

Section 159 comes into force on a day to be fixed by order of the Governor in Council.[Note: Section 159 in force July 1, 2024, see SI/2023-60.]

Sections 164, 165 and 170 come into force on a day or days to be fixed by order of the Governor in Council.[Note: Sections 164, 165 and 170 in force January 1, 2024, see SI/2023-59.]

The provisions of the Retail Payment Activities Act, as enacted by section 177 of this Act, other than sections 1 to 10, 12 to 16 and 61, subsections 62(1), (3) and (4) and section 63, come into force on a day or days to be fixed by order of the Governor in Council.[Note: Sections 11, 28 to 44, 49 and 51, subsection 62(2) and sections 64 to 98 and 101 to 108 of the Retail Payment Activities Act, as enacted by section 177, in force November 1, 2024, section 23 of the Retail Payment Activities Act, as enacted by section 177, in force November 16, 2024, sections 17 to 22, 24 to 27, 45 to 48, 50 and 52 to 60 of the Retail Payment Activities Act, as enacted by section 177, in force September 8, 2025 see SI/2023-70.]

Sections 180 and 181 come into force on a day or days to be fixed by order of the Governor in Council.[Note: Sections 180 and 181 in force November 1, 2024, see SI/2023-70.]

The Minister of Finance may make the following payments to the provinces and territories in respect of Canada’s COVID-19 immunization plan:

Any amount payable under subsection (1) may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance and in accordance with the terms and conditions provided for in the agreement, the annual payments to be made to Newfoundland and Labrador, to a maximum amount of $3,056,491,000.

A payment out of the Consolidated Revenue Fund must not be made under this section after March 31, 2057.

In this section, agreement means the Hibernia Dividend Backed Annuity Agreement entered into between Her Majesty in right of Canada and Her Majesty in right of Newfoundland and Labrador and dated April 1, 2019.

An appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.

An appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

Despite paragraph 28(1)(g.1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).

If, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

An application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.

If, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.

An application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

If leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

If, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

If, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

An application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

An appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

For the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.5 of the Employment Insurance Act, the Minister of Employment and Social Development may, before the end of the fiscal year ending on March 31, 2022, make a one-time payment of $130,300,000 out of the Consolidated Revenue Fund to Quebec.

The Minister of Employment and Social Development may, on behalf of Her Majesty in right of Canada, enter into an agreement with Quebec in relation to the time and manner of the payment.

Any amount payable to a province under or in connection with a bilateral agreement in respect of early learning and child care for the fiscal year beginning on April 1, 2021 may be paid out of the Consolidated Revenue Fund, until March 31, 2022, on the requisition of the Minister of Families, Children and Social Development, at the times and in the manner that that Minister considers appropriate.

That Minister may establish terms and conditions in respect of payments under the bilateral agreements with the provinces.

For the fiscal year beginning on April 1, 2021, the maximum aggregate amount payable to the provinces under subsection (1) is $2,948,082,433.

The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part is suspended during the period beginning on September 26, 2021 and ending on September 24, 2022.

The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part continues to be suspended in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period referred to in subsection (1).

Subsections 302(1), 303(1) and (3) and 304(1), section 305, subsections 306(1), 307(1) and (3), 308(1), 309(1), (3) and (5), 310(1), (3), (5), (7), (9), (11) and (13), 311(1), 312(1), 313(1), 314(1), 315(1), 316(1) and (3), 317(1) and 318(1), sections 319 to 321, subsection 322(1), sections 324, 325 and 327, subsection 329(1) and section 330 come into force, or are deemed to have come into force, on September 26, 2021.

Subsections 302(2), 303(2) and (4), 304(2), 306(2), 307(4), 308(2), 309(2), (4) and (6), 310(2), (4), (6), (8), (10), (12) and (14), 311(2), 312(2), 313(2), 314(2), 315(2), 316(2) and (4), 317(2), 318(2), 322(2) and 329(2) come into force, or are deemed to have come into force, on September 25, 2022.

Subsection 307(2) and sections 323 and 336 come into force on a day to be fixed by order of the Governor in Council.[Note: Subsection 307(2) and sections 323 and 336 in force December 18, 2022, see SI/2022-57.]

Section 326 comes into force, or is deemed to have come into force, on September 12, 2021.

Section 328 comes into force on a day to be fixed by order of the Governor in Council.[Note: Section 328 in force September 26, 2021, see SI/2021-57.]

Subsection 35(6), paragraph 35(7)(g) and section 36 of the former Regulations continue to apply in respect of a claimant’s earnings if, but for this subsection, the earnings would be allocated under subsection 36(9) or (10) of the new Regulations to a number of weeks the first week of which falls within the period beginning on September 26, 2021 and ending on September 24, 2022.

The following definitions apply in this section.

Subsections 347(1) and (3), 348(1), 349(1) and (3) and section 350 come into force, or are deemed to have come into force, on September 26, 2021.

Subsections 347(2) and (4), 348(2) and 349(2) and (4) come into force, or are deemed to have come into force, on September 25, 2022.

Subsections 352(1), 353(1) and (3), 354(1) and 355(1) and (3) and sections 356 and 357 come into force, or are deemed to have come into force, on September 26, 2021.

Subsections 352(2), 353(2) and (4), 354(2) and 355(2) and (4) and section 358 come into force, or are deemed to have come into force, on September 25, 2022.

The region of Gaspésie — Îles-de-la-Madeleine, consisting of Census Division Nos. 1 to 8 and 98.

The region of Central Quebec, consisting of

The region of North Western Quebec, consisting of Census Division Nos. 79, 83 to 89 and 99.

The region of Lower Saint Lawrence and North Shore, consisting of

The region of Chicoutimi — Jonquière, consisting of the Census Metropolitan Area of Chicoutimi — Jonquière.

The region of Eastern Nova Scotia, consisting of

The region of Western Nova Scotia, consisting of Census Division Nos. 1 to 8, 10, 11 and 12.

The region of Madawaska — Charlotte, consisting of

The region of Restigouche — Albert, consisting of

The region of Charlottetown, consisting of the Census Agglomeration of Charlottetown.

The region of Prince Edward Island, consisting of all Census Subdivisions that are not part of the Census Agglomeration of Charlottetown.