Orders in Council Database

WHEREAS subsection 114(4) of the Canada Pension Plan provides as follows:

114(4) Where any enactment of Parliament contains any provision that alters, or the effect of which is to alter, either directly or indirectly and either immediately or in the future,

(a)  the general level of benefits provided by this Act,

(b)  the classes of benefits provided by this Act,

(c)  the contribution rate for employees, employers or self-employed persons for any            year,

(d)  the formulae for calculating the contributions and benefits payable under this Act,

(e)  the management or operation of the Canada Pension Plan Account, or

(f)  the Canada Pension Plan Investment Board Act,

it shall be deemed to be a term of that enactment, whether or not it is expressly stated in the enactment, that the provision shall come into force only on a day to be fixed by order of the Governor in Council, which order may not be made and shall not in any case have any force or effect unless the lieutenant governor in council of each of at least two thirds of the included provinces, having in the aggregate not less than two thirds of the population of all the included provinces, has signified the consent of that province to the enactment.

AND WHEREAS, subsection 115(1.3) of the Canada Pension Plan provides as follows:

115(1.3) Subsection 114(4) applies, with such modifications as the circumstances require, to the making of the regulations prescribing the manner of the calculation referred to in paragraph (1.1)(c)and to the making of any regulation changing that manner of calculation.

 AND WHEREAS, paragraph 115(1.1)(c)of the Canada Pension Plan provides as follows:

115(1.1) The Chief Actuary shall, in the report

(c)specify a contribution rate, calculated in the prescribed manner, in respect of self-employed persons for years after the 3 year period in which the report is prepared; and

AND WHEREAS, by Bill C-36,An Act to Amend the Canada Pension Plan and the Old Age Security Act, assented to on May 3^rd, 2007, being chapter 11 of the Statutes of Canada, 2007, the Canada Pension Plan was amended with respect to the matters referred to in subsection 114(4) of the Canada Pension Plan;

AND WHEREAS the Calculation of Contribution Rates Regulations, published in Part 1 of the Canada Gazette on August 4, 2007, prescribe the manner of the calculation referred to in paragraph 115(1.1)(c) of the Canada Pension Plan;

THEREFORE pursuant to section 114(4) of the Canada Pension Plan the lieutenant governors in council of at least two thirds of the included provinces, having in the aggregate not less than two thirds of the population of all the included provinces, are required to signify their consent before sections 2, 12 to 14, and 36 of An Act to Amend the Canada Pension Plan and the Old Age Security Act, 2007 and the Calculation of Contribution Rates Regulations published in Part I of the Canada Gazette on August 4, 2007 can be brought into force;

His Honour the Lieutenant Governor in Council, on the recommendation of the Minister of Finance, pursuant to section 114(4) of the Canada Pension Plan, hereby consents on behalf of the Province of Newfoundland and Labrador to sections 2, 12 to 14, and 36 of An Act to Amend the Canada Pension Plan and the Old Age Security Act, 2007 and the Calculation of Contribution Rates Regulations published in Part 1 of the Canada Gazette on August 4, 2007.