42-43-44 ELIZABETH II

CHAPTER 5

An Act to amend the Department of External Affairs Act and to make related amendments to other Acts

[Assented to 26th March, 1995]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. E-22

DEPARTMENT OF EXTERNAL AFFAIRS ACT

1. The long title of the Department of External Affairs Act is replaced by the following:

An Act respecting the Department of Foreign Affairs and International Trade

2. Sections 1 and 2 of the Act are replaced by the following:

Short title

1. This Act may be cited as the Department of Foreign Affairs and International Trade Act.

CONTINUATION OF THE DEPARTMENT

Department continued

2. (1) The Department of External Affairs is hereby continued under the name of the Department of Foreign Affairs and International Trade over which the Minister of Foreign Affairs, appointed by commission under the Great Seal, shall preside.

Minister

(2) The Minister of Foreign Affairs, in this Act referred to as the ``Minister'', holds office during pleasure and has the management and direction of the Department in Canada and abroad.

3. Section 3 of the French version of the Act is replaced by the following:

Ministre du Commerce international

3. Est nommé à titre amovible, par commission sous le grand sceau, un ministre du Commerce international, chargé d'assister le ministre dans l'exercice de ses attributions en matière de commerce international.

4. Section 4 of the Act is replaced by the following:

Minister for International Cooperation

4. A Minister for International Cooperation may be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out the Minister's responsibilities relating to the conduct of Canada's international relations.

5. Sections 7 and 8 of the Act are replaced by the following:

Deputy head

7. The Governor in Council may appoint an officer called the Deputy Minister of Foreign Affairs to hold office during pleasure and to be the deputy head of the Department.

Additional deputy heads

8. (1) The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom shall have the rank and status of a deputy head of a department and shall, under the Deputy Minister of Foreign Affairs, exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify.

Deputy Ministers for International Trade and for Political Affairs

(2) The Governor in Council may designate one of the Associate Deputy Ministers appointed under subsection (1) to be Deputy Minister for International Trade and one to be Deputy Minister for Political Affairs.

6. Section 9 of the French version of the Act is replaced by the following:

Coordonnateu r des Relations économiques internationale s

9. Le gouverneur en conseil peut affecter un membre de l'administration publique fédérale au poste de coordonnateur des Relations économiques internationales, avec rang et statut d'administrateur général de ministère. Sous réserve des orientations données par le gouverneur en conseil, le coordonnateur exerce, à titre de représentant du ministre ou autre titre, les pouvoirs et fonctions que celui-ci lui attribue.

7. (1) Subsection 10(1) of the French version of the Act is replaced by the following:

Attributions

10. (1) Les pouvoirs et fonctions du ministre s'étendent d'une façon générale à tous les domaines de compétence du Parlement non attribués de droit à d'autres ministères ou organismes fédéraux et liés à la conduite des affaires extérieures du Canada, notamment en matière de commerce international et de développement international.

(2) Paragraphs 10(2)(d) and (e) of the French version of the Act are replaced by the following:

    d) coordonne les relations économiques internationales du Canada;

    e) stimule le commerce international du Canada;

(3) Subsection 10(3) of the Act is replaced by the following:

Programs

(3) The Minister may develop and carry out programs related to the Minister's powers, duties and functions for the promotion of Canada's interests abroad including:

    (a) the fostering of the expansion of Canada's international trade and commerce; and

    (b) the provision of assistance for developing countries.

8. The heading before section 12 of the French version of the Act is replaced by the following:

MINISTRE DU COMMERCE INTERNATIONAL

9. The portion of section 12 of the French version of the Act before paragraph (a) is replaced by the following:

Attributions

12. Sous réserve de l'article 5, le ministre du Commerce international favorise le commerce international du Canada :

10. Section 14 of the Act and the heading before it are repealed.

TRANSITIONAL

Transitional

11. (1) Any person who holds the office of Secretary of State for External Affairs, Under-Secretary of State for External Affairs or Associate Under-Secretary of State for External Affairs on the day on which this subsection comes into force is deemed to have been appointed Minister of Foreign Affairs, Deputy Minister of Foreign Affairs or Associate Deputy Minister of Foreign Affairs, as the case may be, from and after that day.

Idem

(2) Any person who holds the office of Minister for International Trade (ministre du Commerce extérieur) or Deputy Minister for International Trade (sous-ministre du Commerce extérieur) on the day on which this subsection comes into force is deemed to have been appointed Minister for International Trade (ministre du Commerce international) or Deputy Minister for International Trade (sous-ministre du Commerce international), as the case may be, from and after that day.

Positions

12. Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Investment Development Division of Investment Canada or who performed duties and functions in connection with that Division except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Foreign Affairs and International Trade under the authority of the Deputy Minister of Foreign Affairs.

RELATED AMENDMENTS

R.S., c. A-1

Access to Information Act

13. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Departments and Ministries of State'':

Department of External Affairs

    Ministère des Affaires extérieures

14. 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 and International Trade

    Ministère des Affaires étrangères et du Commerce international

R.S., c. D-2

Diplomatic Service (Special) Superannuation Act

15. The long title of the Diplomatic Service (Special) Superannuation Act is replaced by the following:

An Act to provide superannuation benefits for senior appointees of the Department of Foreign Affairs and International Trade serving outside Canada

R.S., c. F-11

Financial Administration Act

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

Department of External Affairs

    Ministère des Affaires extérieures

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

Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

1992, c. 1, s. 72

18. Schedule I.1 to the Act is amended by striking out the reference in column II to the ``Secretary of State for External Affairs'' opposite the reference to the ``Canadian International Development Agency'' in column I and replacing it with a reference to the ``Minister of Foreign Affairs''.

1992, c. 1, s. 72

19. Schedule I.1 to the French version of the Act is amended by striking out the reference in column II to ``Le ministre du Commerce extérieur'' opposite the reference to ``Secrétariat de l'ALÉNA - Section canadienne'' in column I and replacing it with a reference to ``Le ministre du Commerce international''.

R.S., c. P-21

Privacy Act

20. The schedule to the Privacy Act is amended by striking out the following under the heading ``Departments and Ministries of State'':

Department of External Affairs

    Ministère des Affaires extérieures

21. 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 and International Trade

    Ministère des Affaires étrangères et du Commerce international

1991, c. 30

Public Sector Compensation Act

22. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading ``Departments'':

Department of External Affairs

    Ministère des Affaires extérieures

23. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments'':

Department of Foreign Affairs and International Trade

    Ministère des Affaires étrangères et du Commerce international

R.S., c. S-3

Salaries Act

1993, c. 12,
s. 14(2)

24. (1) Section 4 of the Salaries Act is amended by striking out the following:

The Secretary of State for External
Affairs 46,645

(2) Section 4 of the Act is amended by adding the following:

The Minister of Foreign Affairs 46,645

(3) Section 4 of the Act is amended by replacing the expression ``The Minister for External Relations'' with the expression ``The Minister for International Cooperation''.

(4) Section 4 of the French version of the Act is amended by replacing the expression ``Le ministre du Commerce extérieur'' with the expression ``Le ministre du Commerce international''.