Bill C-46
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42-43-44 ELIZABETH II |
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CHAPTER 1 |
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An Act to establish the Department of Industry
and to amend and repeal certain other
Acts
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[Assented to 16th Mars, 1995]
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Department
of Industry Act.
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ESTABLISHMENT OF DEPARTMENT |
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Department
established
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2. (1) There is hereby established a
department of the Government of Canada
called the Department of Industry over which
the Minister of Industry, appointed by
commission under the Great Seal, shall
preside.
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Minister
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(2) The Minister holds office during
pleasure and has the management and
direction of the Department.
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Registrar
General
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(3) The Minister is the Registrar General of
Canada.
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Deputy
Minister
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3. The Governor in Council may appoint an
officer called the Deputy Minister of Industry
to hold office during pleasure and to be the
deputy head of the Department.
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PART I |
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POWERS, DUTIES AND FUNCTIONS OF THE MINISTER |
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Powers, duties
and functions
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4. (1) The powers, duties and functions of
the Minister extend to and include all matters
over which Parliament has jurisdiction, not by
law assigned to any other department, board or
agency of the Government of Canada, relating
to
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Additional
powers, duties
and functions
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(2) The powers, duties and functions of the
Minister also extend to and include all matters
over which Parliament has jurisdiction, not by
law assigned to any other department, board or
agency of the Government of Canada, relating
to regional economic development in Ontario
and Quebec.
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Objectives
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5. The Minister shall exercise the powers
and perform the duties and functions assigned
by subsection 4(1) in a manner that will
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Functions
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6. In exercising the powers and performing
the duties and functions assigned by
subsection 4(1), the Minister shall
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Inspection
services
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7. The Minister shall provide the inspection
services for the protection of Canadians that
the Minister considers necessary for the
enforcement of any Act under the Minister's
administration, or as the Governor in Council
may direct the Minister to provide, and may
designate any person as an inspector for the
purpose of providing those services.
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PART II |
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REGIONAL ECONOMIC DEVELOPMENT IN ONTARIO AND QUEBEC |
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Objectives in
relation to
regional
development
in Ontario and
Quebec
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8. The Minister shall exercise the powers
and perform the duties and functions assigned
by subsection 4(2) in a manner that will
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Duties in
relation to
regional
development
in Ontario and
Quebec
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9. (1) In exercising the powers and
performing the duties and functions assigned
by subsection 4(2), the Minister shall, with
respect to regional economic development in
Ontario and Quebec,
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Coordination
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(2) In exercising the powers and performing
the same duties and functions, the Minister
may
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Regulations
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10. The Governor in Council may make
regulations
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PART III |
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POWERS, DUTIES AND FUNCTIONS OF THE REGISTRAR GENERAL OF CANADA |
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Powers, duties
and functions
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11. (1) The Registrar General of Canada
shall register all instruments of summons,
proclamations, commissions, letters patent,
letters patent of land, writs and other
instruments and documents issued under the
Great Seal, and all bonds, warrants of
extradition, warrants for removal of prisoners,
leases, releases, deeds of sale, surrenders and
all other instruments requiring registration.
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Deputy
Registrars
General
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(2) The Registrar General may appoint one
or more Deputy Registrars General from
among the officials of the Department and
delegate to them such duties and functions as
the Registrar General deems appropriate.
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Powers
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(3) A Deputy Registrar General may sign
and certify the registration of all instruments
and documents required to be registered and
all copies of those instruments and documents
or of any records in the custody of the
Registrar General that are required to be
certified or authenticated as being copies of
any such instruments, documents or records.
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Special
statutory
references
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12. Where in any special Act of Parliament
enacted before December 21, 1967, any
person is required to file or register any
instrument of trust, mortgage, hypothec,
bond, charge, lease, sale, bailment,
assignment, surrender or other instrument,
document or record or copy thereof, or any
notice, in the office or department of the
Secretary of State, the filing or registration
required shall be made with the Registrar
General unless the Governor in Council by
order designates another office or department
for such filing or registration.
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PART IV |
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GENERAL |
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Special
assistance
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13. (1) Where the Governor in Council is of
the opinion that it is in the national interest to
do so, the Minister may, in exercising the
powers and performing the duties and
functions assigned by subsection 4(1),
develop and implement programs and projects
of special assistance to industries, particular
industrial or commercial establishments,
organizations, persons who are members of a
particular category of persons defined by
order of the Governor in Council or particular
persons to aid economic development,
whether through the restructuring, adjusting,
rationalizing, establishing or re-establishing,
modernizing, expanding or contracting of an
industry or particular industrial or commercial
establishment or organization in Canada, or
otherwise.
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Contents of
order
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(2) Where the Governor in Council makes
an order pursuant to subsection (1), the
Governor in Council shall also specify or
authorize, as the case may be, the actions
described in subsection 14(1).
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Financial
assistance
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14. (1) To facilitate the implementation of
any program or project of the Minister under
this Act, the Minister may
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Stock options
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(2) Subject to any regulations made under
subsection (3), the Minister may acquire,
exercise, assign or sell a stock option or other
financial or similar instrument obtained as a
condition under which a loan or contribution
was made, guarantee given or loan insurance
or credit insurance provided under
subsection (1).
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Regulations
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(3) The Governor in Council may, on the
recommendation of the Minister and the
Minister of Finance, make regulations
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Insurance a
guarantee
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(4) For greater certainty, loan insurance or
credit insurance provided under
subsection (1) constitutes a guarantee for the
purposes of the Financial Administration Act.
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Committees
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15. The Minister may, with the approval of
the Governor in Council, establish advisory
and other committees to advise or assist the
Minister or to exercise such powers and
perform such duties and functions as the
Governor in Council may specify, and may fix
the remuneration and expenses to be paid to
the members of the committees so established.
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Access to
certain
information
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16. (1) The Minister of National Revenue
shall, notwithstanding any other Act, on
request of the Minister, make available to the
Minister copies of invoices and other
information collected under the Customs Act
on goods imported into Canada and exported
from Canada for the purpose of carrying out
duties and functions of the Minister under
paragraph 6(b).
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Confidentialit
y
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(2) No person employed in the public
service of Canada who comes into possession
of information made available to the Minister
under this section shall disclose any such
information relating to a particular person,
organization or business unless the disclosure
is consented to in writing by the person or
organization or the owner of the business.
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Exception
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(3) Notwithstanding subsection (2), in
carrying out duties and functions under
paragraph 6(b), the Minister may publish lists
of names and addresses of some or all
importers or exporters of a product or group of
products with trade values aggregated in such
a manner as to protect the confidentiality of
data concerning individual importers or
exporters.
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Further duties
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17. (1) The Minister, in exercising powers
and performing duties and functions under
this Act,
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Other powers
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(2) In exercising the powers and performing
the duties and functions under this Act, the
Minister may enter into agreements with the
government of any province or any agency
thereof, or with any other entity or person, and
may make disbursements up to an amount
equal to the aggregate of the amounts to be
contributed by all parties to the agreement,
even before those amounts have been
contributed.
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