Economic and Fiscal Update Implementation Act, 2021

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Sections80

• 1Short title

  This Act may be cited as the Economic and Fiscal Update Implementation Act, 2021.

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• 41Definition of CEBA loan

  In this Part, CEBA loan means a loan provided by a Canadian financial institution as part of the Canada Emergency Business Account program established by Export Development Canada pursuant to an authorization made under subsection 23(1) of the Export Development Act.

• 42Limitation or prescription period
• 42(1)

  Subject to subsections (4) and (6), any action or proceedings to recover money owing under a CEBA loan must be taken no more than six years after the date of the default.

• 42(2)Default

  For the purposes of subsection (1), the date of the default is the earlier of the day on which the person making the claim first knew, or ought reasonably to have known, that the default had occurred.

• 42(3)Deduction, set-off or compensation

  Money owing by a person under a CEBA loan may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money that may be payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act.

• 42(4)Acknowledgment of liability

  If a person’s liability for money owing under a CEBA loan is acknowledged in accordance with subsection (5) at any time during or after the limitation or prescription period described in subsection (1), an action or proceedings to recover the money may, subject to subsection (6), be brought within six years after the date of the acknowledgment.

• 42(5)Types of acknowledgment

  An acknowledgment of liability means

• 42(5)(a)

  a promise to pay the money owing, made by the person or their agent or mandatary or other representative;

• 42(5)(b)

  an acknowledgment of the money owing, made by the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

• 42(5)(c)

  a part payment by the person or their agent or mandatary or other representative of the money owing; or

• 42(5)(d)

  an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or mandatary or other representative or the trustee or administrator.

• 42(6)Limitation or prescription period suspended

  The running of a limitation or prescription period is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under a CEBA loan.

• 42(7)Enforcement proceedings

  This section does not apply in respect of an action or proceeding relating to the execution, renewal or enforcement of a judgment.

• 43Application

  Section 42 applies irrespective of whether

• 43(a)

  the date of default is before the day on which this Part comes into force or on or after that day; and

• 43(b)

  the limitation or prescription period applicable before that day has expired.

• 44Maximum payment of $100 million
• 44(1)

  The Minister of Finance may make the following payments to the provinces and territories for the purpose of supporting ventilation improvement projects in schools:

• 44(1)(a)

  to Ontario, a sum not exceeding $36,226,000;

• 44(1)(b)

  to Quebec, a sum not exceeding $21,023,000;

• 44(1)(c)

  to Nova Scotia, a sum not exceeding $2,674,000;

• 44(1)(d)

  to New Brunswick, a sum not exceeding $2,294,000;

• 44(1)(e)

  to Manitoba, a sum not exceeding $4,465,000;

• 44(1)(f)

  to British Columbia, a sum not exceeding $11,906,000;

• 44(1)(g)

  to Prince Edward Island, a sum not exceeding $898,000;

• 44(1)(h)

  to Saskatchewan, a sum not exceeding $3,979,000;

• 44(1)(i)

  to Alberta, a sum not exceeding $12,983,000;

• 44(1)(j)

  to Newfoundland and Labrador, a sum not exceeding $1,631,000;

• 44(1)(k)

  to Yukon, a sum not exceeding $607,000;

• 44(1)(l)

  to the Northwest Territories, a sum not exceeding $635,000; and

• 44(1)(m)

  to Nunavut, a sum not exceeding $679,000.

• 44(2)Payments out of C.R.F.

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

• 45Maximum payment of $300 million
• 45(1)

  The Minister of Health may make payments to the provinces and territories not exceeding $300 million in total for the purpose of supporting their coronavirus disease 2019 (COVID-19) proof-of-vaccination initiatives, with the amount of each payment to be determined by the Minister of Health.

• 45(2)Payments out of C.R.F.

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

• 46Payments out of C.R.F.
• 46(1)

  The Minister of Health may make payments, the total of which may not exceed $1.72 billion, out of the Consolidated Revenue Fund for any expenses incurred on or after April 1, 2021 in relation to coronavirus disease 2019 (COVID-19) tests.

• 46(2)Report

  Within three months after the day on which this section comes into force, and every three months after that, the Minister of Health must prepare a report setting out the number of payments made and the total amount paid under subsection (1) should any payments be made under the Act during that period, the number of tests purchased and how they were distributed, and cause it to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

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