Marginal note:Additional powers

204. The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under section 202 or subsection 203(1).

Marginal note:Authority

• 205. (1) Ridley Terminals Inc., any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity 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 its assets;

  • (b) sell or otherwise dispose of some or all of its liabilities;

  • (c) issue securities and sell or otherwise dispose of some or all of those securities;

  • (d) reorganize its capital structure;

  • (e) acquire assets of a corporation or of any other entity;

  • (f) procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents;

  • (g) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it;

  • (h) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it;

  • (i) acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it;

  • (j) sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it;

  • (k) procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;

  • (l) procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and

  • (m) do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l).

• Marginal note:Additional powers

  (2) The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) to take, or cause any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity to take, a measure referred to in subsection (1).

• Marginal note:Limitation

  (3) The Governor in Council is not authorized to issue a directive to Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b)

  • (a) after some or all of its securities are sold or otherwise disposed of; or

  • (b) with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after some or all of the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of.

• Marginal note:Compliance with directive

  (4) The directors of Ridley Terminals Inc. or of the corporation, or persons acting in a similar capacity with respect to the other entity, must comply with a directive issued by the Governor in Council. Compliance with that issued directive is in the best interests of Ridley Terminals Inc., the corporation or the other entity, as the case may be.

• Marginal note:Notification of implementation

  (5) As soon as feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, Ridley Terminals Inc., the corporation or the other entity, as the case may be, must notify the Minister that it has done so.

Marginal note:Non-application of Statutory Instruments Act

206. The Statutory Instruments Act does not apply to a directive.

Marginal note:Tabling in Parliament

• 207. (1) The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.

• Marginal note:Exception — detrimental information

  (2) However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to the commercial interests of Canada, of Ridley Terminals Inc., of any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or of a wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.

• Marginal note:Consultation

  (3) Before forming his or her opinion on whether publishing information contained in the directive would be detrimental, the Minister must consult the board of directors of Ridley Terminals Inc. or of the corporation, or the person or group of persons acting in a similar capacity with respect to the other entity.

Marginal note:No liability

208. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in relation to Ridley Terminals Inc. that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise of their powers or the performance of their duties or functions, under this Division.

Marginal note:Application of money from disposition

209. The money from a sale or other disposition made under paragraph 202(a), subsection 203(1) or paragraph 205(1)(a), (b), (c) or (j), minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act and is to be paid to the Receiver General.

Marginal note:Financial Administration Act

210. Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 202 to 205.

1998, c. 10Consequential Amendment to the Canada Marine Act

211. Section 143 of the Canada Marine Act is repealed.

Coming into Force

Marginal note:Order in council

212. Section 211 comes into force on a day to be fixed by order of the Governor in Council.

Division 14Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage

R.S., c. N-4National Capital Act

Marginal note:R.S., c. 45 (4th Supp.), s. 3(1)

• 213. (1) Subsection 10(1) of the National Capital Act is replaced by the following:

  Marginal note:Objects and purposes of Commission

  • 10. (1) The objects and purposes of the Commission are to prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.

• Marginal note:R.S., c. 45 (4th Supp.), s. 3(2)

  (2) Subsection 10(2) of the Act is amended by adding “and” at the end of paragraph (h) and by repealing paragraph (h.1).

1995, c. 11Department of Canadian Heritage Act

214. Subsection 4(2) of the Department of Canadian Heritage Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (k):

Marginal note:2005, c. 2, s. 2

215. Section 5 of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definitions

216. The following definitions apply in sections 217 to 220.

“activity and event mandate”

« mandat en matière d’activités et de manifestations »

“activity and event mandate” means the organization, sponsoring or promotion of any public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada.

“Commission”

« Commission »

“Commission” means the National Capital Commission continued by section 3 of the National Capital Act.

Marginal note:Appointment of employees

217. Every employee of the Commission whose functions relate to the activity and event mandate is deemed, on the day on which this section comes into force, to be a person appointed to a position in the Department of Canadian Heritage under the Public Service Employment Act and to be an employee as defined in subsection 2(1) of that Act.

Marginal note:Credits transferred

218. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures of the Commission related to the activity and event mandate and that is unexpended is deemed to have been appropriated to defray any operating expenditures of the Department of Canadian Heritage.

Marginal note:Assets, obligations and authorizations

219. On the day on which this section comes into force, and to the extent that they relate to the activity and event mandate,

• (a) the Commission’s assets are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

• (b) the Commission’s obligations are assumed by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

• (c) permits, licences and other authorizations issued to the Commission are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; and

• (d) permits, licences and other authorizations issued by the Commission are deemed to have been issued by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage.

Marginal note:Continuation of legal proceedings

220. Any action, suit or other legal proceeding to which the Commission is party that is pending in any court on the day on which this section comes into force and that relates to the activity and event mandate may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Commission.

2011, c. 13Consequential Amendments to the National Holocaust Monument Act

221. The definition “Minister” in section 2 of the National Holocaust Monument Act is replaced by the following:

222. Subsection 7(1) of the Act is replaced by the following:

223. Subsection 8(2) of the Act is replaced by the following:

Coming into Force

Marginal note:End of third month after royal assent

224. This Division comes into force on the last day of the third month after the day on which this Act receives royal assent.

Division 15

R.S., c. P-1Parliamentary Secretaries and Ministers

Parliament of Canada Act

Marginal note:2005, c. 16, s. 2

225. Subsection 46(2) of the Parliament of Canada Act is replaced by the following:

R.S., c. S-3Salaries Act

Marginal note:2005, c. 16, s. 13

• 226. (1) Paragraph 4.1(3)(k) of the Salaries Act is replaced by the following:

  • (k) the Minister of Public Safety and Emergency Preparedness;

• (2) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (t.1):

  • (t.2) the Minister of the Federal Economic Development Initiative for Northern Ontario;

  • (t.3) the Minister of the Federal Economic Development Agency for Southern Ontario;

  • (t.4) the Minister of the Canadian Northern Economic Development Agency;

Division 161996, c. 16Department of Public Works and Government Services Act

• 227. (1) The portion of section 16 of the English version of the Department of Public Works and Government Services Act before paragraph (a) is replaced by the following:

  Marginal note:Services to governments and other bodies

  16. If the Minister is authorized to do a thing under this or any other Act of Parliament for or on behalf of any department, board or agency of the Government of Canada, the Minister may do that thing for or on behalf of

• (2) Section 16 of the Act is amended by replacing the portion after paragraph (a) with the following:

  • (b) with the Governor in Council’s approval — given on a general or a specific basis — any government, body or person in Canada or elsewhere.

Division 17R.S., c. F-11Financial Administration Act

Amendments to the Act

Marginal note:2009, c. 31, s. 59

• 228. (1) Subsection 85(1) of the Financial Administration Act is replaced by the following:

  Marginal note:Exemption for Bank of Canada

  • 85. (1) Divisions I to IV, except for sections 89.8 to 89.92, 131.1 and 154.01, do not apply to the Bank of Canada.

• Marginal note:2006, c. 9, s. 262(2)

  (2) Subsection 85(1.01) of the Act is replaced by the following:

  • Marginal note:Exemption for Canada Pension Plan Investment Board

    (1.01) Divisions I to IV, except for sections 89.8 to 89.92 and 154.01, do not apply to the Canada Pension Plan Investment Board.

• Marginal note:2009, c. 2, s. 369

  (3) Subsections 85(1.1) and (1.2) of the Act are replaced by the following:

  • Marginal note:Exempted Crown corporations

    (1.1) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

  • Marginal note:Exemption for Telefilm Canada

    (1.2) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.