Bill S-17

2nd Session, 37th Parliament,

51-52 Elizabeth II, 2002-2003

senate of canada

BILL S-17

An Act respecting the Canadian International Development Agency, to provide in particular for its continuation, governance, administration and accountability

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

Short Title

1. This Act may be cited as the Canadian International Development Agency Act.

Interpretation

2. The definitions in this section apply in this Act.

“Agency” means the Canadian International Development Agency continued by section 3.

“Minister” means the Minister for International Cooperation.

Continuation of Agency

3. The agency known as the Canadian International Development Agency is continued under this Act.

Mandate of Agency

4. (1) The mandate of the Agency is to support sustainable development activities abroad in a manner that is consistent with Canadian values, Canada’s foreign policy and international human rights standards, thereby contributing to a more secure, equitable and prosperous world.

(2) The primary objective of the Agency, in carrying out its mandate, is to contribute to the economic growth of and the reduction of poverty in recipient countries, which may be achieved by, among other means,

(a) promoting, in recipient countries, the development of democracy and the strengthening of democratic and human rights institutions and programs;

(b) promoting, in recipient countries, the establishment of market economies and the institution of legal systems that recognize property and contractual rights; and

(c) fostering social development in recipient countries in order to improve health, education and child protection.

5. (1) The Agency may exercise its powers and perform its duties and functions in relation to all matters concerning international development that are not, by or pursuant to law, exclusively assigned to any other department, board or agency of the Government of Canada.

(2) The Agency shall exercise its powers and perform its duties and functions in accordance with the following principles and strategies:

(a) respect for the priorities of recipient countries;

(b) working in partnership with recipient countries;

(c) co-ordination with other donor countries;

(d) respect for Canada’s international commitments regarding multilateral activities and the untying of aid;

(e) selective intervention, targeting countries and sectors most in need; and

(f) accountability, including outcomes-based performance measurement.

Governance and Administration

6. The Minister of Foreign Affairs is responsible for and has the supervision and control of the Agency, and shall ensure that its direction is consistent with other components of Canada’s foreign policy.

7. (1) Subject to the supervision and control of the Minister of Foreign Affairs, the Minister for International Cooperation shall direct the operations of the Agency.

(2) The Minister may delegate to any person, subject to any terms and conditions that the Minister may specify, any power, duty or function conferred on the Minister under this Act or under any other Act or provision that the Agency administers, except the power to make regulations and the power to delegate under this subsection.

8. (1) The Governor in Council shall appoint a President and a Senior Vice-President of the Agency to hold office during pleasure for a term not exceeding five years.

(2) The President and the Senior Vice-President are each eligible, on the expiration of a first or any subsequent term of office, to be reappointed for a term not exceeding five years.

(3) The President is the chief executive officer of the Agency and, subject to the direction, supervision and control of the Minister, shall administer the Agency.

(4) In the event of the absence or incapacity of the President or a vacancy in that office, the Senior Vice-President shall act as the President for the time being unless the Minister appoints another person to so act, but no person may act as President for a period exceeding ninety days without the approval of the Governor in Council.

(5) The Senior Vice-President shall exercise such powers and perform such duties and functions as the President may assign.

9. Such employees as are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

10. The head office of the Agency shall be in the National Capital Region, as described in the schedule to the National Capital Act.

11. (1) Every contract, memorandum of understanding and other arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

Functions and Powers

12. In carrying out its mandate, the Agency shall

(a) work with other countries on a bilateral or multilateral basis to assist developing countries and countries in transition to develop the tools that will enable them to eventually meet their own needs;

(b) disseminate knowledge abroad about Canadian values and, in particular, human rights;

(c) disseminate knowledge, both in Canada and abroad, about global security and prosperity issues;

(d) plan, implement and manage, in accordance with the standards prescribed under paragraph 21(a), programs and projects relating to international development assistance, international emergency relief and associated international needs;

(e) encourage the growth of political, social, commercial and cultural links between Canadians and foreigners;

(f) assist the Minister of Foreign Affairs, when and as directed, to carry out or coordinate the foreign policy of Canada; and

(g) assist departments, boards and agencies of the Government of Canada to carry out the foreign aid component of their activities.

13. In carrying out its mandate, the Agency may

(a) assist the governments of the provinces and their agencies to carry out activities outside Canada;

(b) assist persons in the non-governmental and private sectors in Canada to establish or participate in programs and projects relating to international development assistance, international emergency relief or associated international needs;

(c) cooperate with the international development assistance and international emergency relief agencies of international organizations and of other countries;

(d) cooperate with international development assistance and international emergency relief agencies in the private and non-governmental sectors in other countries;

(e) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency;

(f) make grants and contributions in support of programs or projects relating to its mandate;

(g) engage persons for service in developing countries and countries in transition;

(h) provide support for students from developing countries and countries in transition to share knowledge and technology;

(i) provide, in developing countries and countries in transition, education or training for persons living in those countries; and

(j) do all such things as are necessary or incidental to the attainment of its mandate.

14. (1) In allocating its resources, the Agency shall

(a) consider the significance and effectiveness of assistance in contributing to economic growth and poverty reduction in the recipient country;

(b) give weight to progress made by a recipient country with respect to democratization and the participation of its civil society; and

(c) require that evidence be provided by the recipient country of good government and sound public administration.

(2) The Agency shall not allocate funds for the purpose of promoting Canadian trade and commerce.

(3) Subject to subsection (1), in determining whether to make a grant or contribution under paragraph 13(f), the Agency shall take into consideration, in respect of any country intended to benefit from the grant or contribution,

(a) the country’s record respecting the promotion and observance of human rights;

(b) the country’s commitment to non-proliferation, arms control and disarmament;

(c) the country’s relative levels of military and social spending;

(d) any factors prescribed under paragraph 21(c); and

(e) any factors similar to those referred to in paragraphs (a) to (d) that the Agency considers appropriate.

(4) In order to qualify for a cash contribution from the Agency, a person or agency shall

(a) provide the Minister, at the times and in the manner prescribed by the regulations, with such information, of a type prescribed by the regulations, as the Minister may reasonably require for the purposes of this Act; and

(b) undertake to give recognition to the Agency’s cash contribution in any public documents, or in any advertising or promotional material, relating to assistance for international development or international emergency relief.

Accountability

15. (1) The Agency shall submit annually to the Minister for approval a business plan for a period that covers not less than the next three fiscal years.

(2) The business plan shall include

(a) the Agency’s objectives for the period to which the plan relates and for each fiscal year in that period;

(b) the strategies that the Agency intends to use to achieve its objectives, including operational, financial and human resource strategies;

(c) the Agency’s expected performance over the period;

(d) the Agency’s operating and capital budgets for each fiscal year in the period; and

(e) any other strategic information that a House of Parliament has requested by resolution.

(3) The Agency may update its business plan at any time.

16. The Agency shall act in a manner consistent with its most recent business plan.

17. The Minister shall cause a copy of the business plan and of every update to it to be tabled in each House of Parliament on any of the first fifteen days on which the House is sitting after the Minister approves it.

18. (1) The President of the Agency shall, on or before September 30 of each year following the coming into force of this Act, submit to the Minister an annual report on the operations and the business plan of the Agency for the preceding year, and the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

(2) The annual report shall include

(a) the financial statements of the Agency and the Auditor General of Canada’s opinion on them;

(b) information about the Agency’s performance with respect to the objectives established in the business plan, and a summary statement of the assessment by the Auditor General respecting the fairness and reliability of that information; and

(c) any other information that the President of the Treasury Board may require to be included in the report.

19. The Agency shall keep books of account and records prepared according to generally accepted accounting principles.

20. (1) The Auditor General of Canada shall annually

(a) audit and provide an opinion on the financial statements of the Agency;

(b) provide an assessment of the fairness and reliability of the information about the Agency’s performance as set out in the annual report of the Agency; and

(c) provide a report to the President of the Agency and to the Minister on the audit, opinion and assessment.

(2) The Minister shall cause a copy of the Auditor General’s report to be tabled in each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives the report.

Regulations

21. The Agency may, on the recommendation of the Treasury Board, make any regulations that the Agency considers necessary for carrying out the purpose and provisions of this Act, including regulations

(a) prescribing standards for planning, implementing and managing programs and projects relating to international development assistance, international emergency relief and associated international needs;

(b) prescribing standards for contracts for implementing and managing programs and projects described in paragraph (a);

(c) prescribing factors to be considered by the Agency in determining whether to make a grant or contribution under paragraph 13(f);

(d) specifying the remuneration payable to persons for service in developing countries and countries in transition, and providing for the payment of their expenses or of allowances in respect thereof;

(e) specifying measures for the support of persons from developing countries and countries in transition who are undergoing education or training, and for the payment of their expenses or of allowances in respect thereof;

(f) specifying the payment of special expenses directly or indirectly related to the service of persons in developing countries and countries in transition or to the education or training of persons from developing countries and countries in transition;

(g) prescribing the types of information that the Minister may require under subsection 14(4) and the times at which and the manner in which that information shall be provided; and

(h) prescribing the manner in which recognition to the Agency’s cash contribution is required to be given under subsection 14(4).

Transitional Provision

22. The Technical Assistance Regulations continue in force, as if made under this Act, until amended or repealed under section 21 of this Act.

Coming Into Force

23. This Act comes into force on the day that is one year after the day that it is assented to or on such earlier day as may be fixed by order of the Governor in Council.