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Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)

Assented to 2013-06-26

PART 3VARIOUS MEASURES

Division 12Department of Foreign Affairs, Trade and Development Act

Consequential Amendments

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian International Development Agency

    Agence canadienne de développement international

R.S., c. F-11Financial Administration Act

Marginal note:1995, c. 5, s. 17

 Schedule I to the Financial Administration Act is amended by striking out the following:

  • Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

 Schedule I to the Act is amended by adding the following in alphabetical order:

  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

Marginal note:1992, c. 1, s. 72; 1995, c. 5, s. 18

 Schedule I.1 to the Act is amended by striking out, in column I, the reference to

  • Canadian International Development Agency

    Agence canadienne de développement international

and the corresponding reference in column II to “Minister of Foreign Affairs”.

Marginal note:2003, c. 22, s. 11

 Schedule IV to the Act is amended by striking out the following:

  • Canadian International Development Agency

    Agence canadienne de développement international

Marginal note:2006, c. 9, s. 270

 Part I of Schedule VI to the Act is amended by striking out the following:

  • Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

 Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:

  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

Marginal note:2006, c. 9, s. 270

 Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Canadian International Development Agency

    Agence canadienne de développement international

and the corresponding reference in column II to “President”.

R.S., c. P-21Privacy Act

Marginal note:1995, c. 5, s. 21

 The schedule to the Privacy Act is amended by striking out the following under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

  • Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

 The schedule to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

 The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian International Development Agency

    Agence canadienne de développement international

1991, c. 30Public Sector Compensation Act

Marginal note:1995, c. 5, s. 23

 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “DEPARTMENTS”:

  • Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS”:

  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

 Schedule I to the Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

  • Canadian International Development Agency

    Agence canadienne de développement international

1991, c. 50; 2001, c. 4, s. 10Federal Real Property and Federal Immovables Act

Marginal note:2001, c. 4, s. 11(2)

 The definition “head of mission” in section 2 of the Federal Real Property and Federal Immovables Act is replaced by the following:

“head of mission”

« chef de mission »

“head of mission”, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act who represents Canada in that country;

2006, c. 9, s. 2Conflict of Interest Act

 Subparagraph (d)(iii) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:

  • (iii) a person appointed or employed under the Public Service Employment Act who is a head of mission as defined in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act,

2008, c. 17Official Development Assistance Accountability Act

 Subsection 5(1) of the Official Development Assistance Accountability Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

2008, c. 33Federal Sustainable Development Act

 The schedule to the Federal Sustainable Development Act is amended by striking out the following:

  • Canadian International Development Agency

    Agence canadienne de développement international

Terminology

Marginal note:Replacement of “Department of Foreign Affairs and International Trade”
  •  (1) In the following provisions, “Department of Foreign Affairs and International Trade” is replaced by “Department of Foreign Affairs, Trade and Development”:

  • Marginal note:Other references to Department of Foreign Affairs and International Trade

    (2) Unless the context requires otherwise, every reference to the Department of Foreign Affairs and International Trade in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.

Marginal note:Replacement of “Minister for International Cooperation” and “Minister of International Cooperation”
  •  (1) In the following provisions, “Minister for International Cooperation” and “Minister of International Cooperation” are replaced by “Minister for International Development”:

  • Marginal note:Other references to Minister for International Cooperation and Minister of International Cooperation

    (2) Unless the context requires otherwise, every reference to the Minister for International Cooperation or the Minister of International Cooperation in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister for International Development.

Marginal note:References to Canadian International Development Agency

 Unless the context requires otherwise, every reference to the Canadian International Development Agency in any provision of an Act of Parliament is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.

Marginal note:Replacement of “Minister responsible for the Canadian International Development Agency”

 In paragraph 110.1(8)(e) of the Income Tax Act, “Minister responsible for the Canadian International Development Agency” is replaced by “Minister of Foreign Affairs”.

Repeal

Marginal note:Repeal of R.S., c. E-22; 1995, c. 5, s. 2

 The Department of Foreign Affairs and International Trade Act is repealed.

Division 13Ridley Terminals Inc.

Reorganization and Divestiture

Marginal note:Definitions
  •  (1) The following definitions apply in this Division.

    “assets”

    « actifs »

    “assets” includes

    • (a) in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and

    • (b) incorporeal property.

    “Minister”

    « ministre »

    “Minister” means the Minister of Transport.

    “security”

    « titre »

    “security” means

    • (a) in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and

    • (b) in relation to any other entity, any ownership interest in or debt obligation of the entity, and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity.

  • Marginal note:Interpretation

    (2) In this Division, “corporation”, “share” and “wholly-owned subsidiary” have the same meaning as in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Interpretation

    (3) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act.

  • Marginal note:Inconsistency

    (4) In the event of any inconsistency between this Division and the Canada Business Corporations Act or anything issued, made or established under that Act, this Division prevails to the extent of the inconsistency.

  • Marginal note:Operation of Competition Act

    (5) Nothing in, or done under the authority of, this Division affects the operation of the Competition Act in respect of the acquisition of any interest or right in an entity.

  • Marginal note:Section 53.1 of Canada Transportation Act

    (6) Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division.

Marginal note:Purpose

 The purpose of this Division is to authorize measures for the reorganization and divestiture of all or any part of Ridley Terminals Inc.’s business, which will allow the Government of Canada to pursue its objective of obtaining the best value for the business from a buyer who will operate the business on a long-term and sustainable basis and with open access to its services.

Marginal note:Authority to sell shares, etc.

 The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:

  • (a) sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.;

  • (b) procure an addition to, or other material change in, the objects or purposes for which Ridley Terminals Inc. is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles;

  • (c) procure the amalgamation of Ridley Terminals Inc.; and

  • (d) procure the dissolution of Ridley Terminals Inc.

Marginal note:Authority with respect to entities
  •  (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:

    • (a) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation;

    • (b) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity;

    • (c) acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and

    • (d) acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity.

  • Marginal note:Part X of Financial Administration Act

    (2) The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(a).

 

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