Bill C-31

1st Session, 38th Parliament,

53 Elizabeth II, 2004

house of commons of canada

BILL C-31

An Act to establish the Department of International Trade and to make related amendments to certain Acts

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 Department of International Trade Act.

ESTABLISHMENT OF THE DEPARTMENT

2. (1) There is established a department of the Government of Canada called the Department of International Trade over which the Minister of International Trade, appointed by commission under the Great Seal, presides.

(2) The Minister of International Trade, 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. The Governor in Council may appoint an officer called the Deputy Minister of International Trade to hold office during pleasure and to be the deputy head of the Department.

4. The Governor in Council may appoint an Associate Deputy Minister of International Trade who has the rank and status of a deputy head of a department and, under the Deputy Minister, exercises any of the powers and performs any of the duties and functions, as a deputy of the Minister and otherwise, that the Minister may specify.

COMMITTEES

5. The Governor in Council may establish advisory and other committees to advise or assist the Minister or to exercise any of the powers and perform any of the duties and functions that the Governor in Council may specify, and may fix the remuneration and expenses to be paid to the members of committees.

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

6. (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 international trade and commerce and international investment.

(2) In exercising his or her powers and carrying out his or her duties and functions under this Act, the Minister shall

(a) conduct official communication between the Government of Canada and the government of any other country and between the Government of Canada and any international organization;

(b) conduct and manage international negotiations;

(c) conduct and coordinate Canada’s relations regarding international trade and commerce and international investment;

(d) foster the expansion of Canada’s international trade and commerce and international investment;

(e) foster the development of international law and its application as it relates to Canada’s international trade and commerce and international investment; and

(f) carry out any other duties and functions that are by law assigned to the Minister.

AGREEMENTS WITH PROVINCES

7. The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any of its agencies respecting the carrying out of programs related to the Minister’s powers, duties and functions.

TRANSITIONAL PROVISIONS

8. (1) The persons who hold the offices of Minister for International Trade, styled Minister of International Trade, and Deputy Minister for International Trade on the day on which this section comes into force are deemed to have been appointed under this Act as the Minister of International Trade and the Deputy Minister of International Trade, respectively, from and after that day.

(2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied, or was assigned to, a position in the portion of the public service of Canada known as the Department of International Trade (the “former department”), except that the employee, on the coming into force of this section, occupies, or is assigned to, that position in the Department of International Trade established by this Act on the same basis as they occupied, or were assigned to, their position in the former department immediately before the coming into force of this section.

(3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

9. Any power, duty or function that, immediately before the coming into force of this section, was vested in or exercisable by the Minister for International Trade, styled Minister of International Trade, the Deputy Minister for International Trade or any officer of the portion of the public service of Canada known as the Department of International Trade under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on the coming into force of this section, vested in and exercisable by the Minister of International Trade or the Deputy Minister of International Trade appointed under this Act or the appropriate officer of the Department of International Trade established by this Act, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power or perform that duty or function.

10. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the portion of the public service of Canada known as the Department of International Trade and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of International Trade established by this Act.

RELATED AMENDMENTS

Access to Information Act

11. 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 Foreign Affairs and International Trade

12. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:

13. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

Department of International Trade

Canada Shipping Act

14. The portion of section 632.4 of the Canada Shipping Act before paragraph (a), as enacted by section 82 of chapter 6 of the Third Supplement to the Revised Statutes of Canada, 1985, and amended by paragraph 25(1)(z.1) of chapter 5 of the Statutes of Canada, 1995, is replaced by the following:

632.4 Notwithstanding any other provision of this Act or the regulations, the Minister of Foreign Affairs and the Minister of International Trade, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement with the government of a foreign country to provide for the reciprocal recognition and acceptance of any licence, permit, certificate or registration granted or made by either of those governments in respect of

Canada Transportation Act

15. Subsection 76(3) of the Canada Transportation Act is replaced by the following:

(3) A direction by the Minister relating to a matter referred to in paragraph (1)(c), (d) or (e) may be issued only with the concurrence of the Minister of Foreign Affairs and the Minister of International Trade.

Coasting Trade Act

16. Section 11 of the Coasting Trade Act is replaced by the following:

11. (1) Where the Minister of Transport is of the opinion that a government of any country has engaged in unfair, discriminatory or restrictive practices with respect to the use of Canadian ships in commercial activities in waters of that country, the Minister of Transport and the Minister of Foreign Affairs and the Minister of International Trade shall seek elimination of those practices through consultations with the government of that country.

(2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister of Transport, the Minister of Foreign Affairs and the Minister of International Trade, take any action that the Governor in Council considers appropriate.

Customs Tariff

17. Section 51 of the Customs Tariff is replaced by the following:

51. The Governor in Council may, on the recommendation of the Minister of Foreign Affairs and the Minister of International Trade, by order, specify limits on the aggregate quantity of roses of tariff item No. 0603.10.11 that are entitled to the Canada–Israel Agreement Tariff, and the limits apply during the periods that may be specified in the order.

18. The portion of subsection 53(2) of the Act before paragraph (a) is replaced by the following:

(2) Despite this Act or any other Act of Parliament, the Governor in Council may, on the recommendation of the Minister, the Minister of Foreign Affairs and the Minister of International Trade, by order, for the purpose of enforcing Canada’s rights under a trade agreement in relation to a country or of responding to acts, policies or practices of the government of a country that adversely affect, or lead directly or indirectly to adverse effects on, trade in goods or services of Canada, do any one or more of the following:

Defence Production Act

19. Paragraph 43(d) of the Defence Production Act is replaced by the following:

(d) amending, on the joint recommendation of the Minister and the Minister of International Trade, the schedule.

Diplomatic Service (Special) Superannuation Act

20. 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 of the Department of International Trade serving outside Canada

Export and Import Permits Act

21. Section 26 of the Export and Import Permits Act is repealed.

Federal Real Property and Federal Immovables Act

22. 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”, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 13(1) of the Department of Foreign Affairs Act who represents Canada in that country;

Financial Administration Act

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

Department of Foreign Affairs and International Trade

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

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

Department of International Trade

and the corresponding reference in column II to the “Minister for International Trade”.

26. Schedule I.1 to the English version of the Act is amended by replacing the reference in column II to “Minister for International Trade” opposite the reference to “NAFTA Secretariat — Canadian Section” in column I with a reference to “Minister of International Trade”.

Foreign Extraterritorial Measures Act

27. The portion of section 2.1 of the Foreign Extraterritorial Measures Act before paragraph (a) is replaced by the following:

2.1 The Attorney General of Canada may, with the concurrence of the Minister of Foreign Affairs and the Minister of International Trade, by order, amend the schedule

Motor Vehicle Transport Act, 1987

28. (1) Subsection 17(1) of the Motor Vehicle Transport Act, 1987 is replaced by the following:

17. (1) Where the Minister is of the opinion that a government in a foreign country has engaged in unfair, discriminatory or restrictive practices with regard to Canadian carriers that transport goods by motor vehicle in that country or between that country and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs and the Minister of International Trade, seek elimination of those practices through consultations.

(2) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

(2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister, the Minister of Foreign Affairs and the Minister of International Trade made after consultation by the Minister with the government of each province affected thereby, notwithstanding this Act or any other Act of Parliament, by order,

Parliament of Canada Act

29. Subparagraph 72.06(c)(iii) of the Parliament of Canada Act is replaced by the following:

(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs Act,

Privacy Act

30. 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

31. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:

32. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

Department of International Trade

Public Sector Compensation Act

33. 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

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

Terminology Changes

35. (1) The English version of the following provisions is amended by replacing the expression “Minister for International Trade” with the expression “Minister of International Trade”:

(a) in the Canada–Chile Free Trade Agreement Implementation Act,

(i) section 11, and

(ii) section 13;

(b) in the Canada–Costa Rica Free Trade Agreement Implementation Act,

(i) section 11, and

(ii) section 13;

(c) in the Canada–Israel Free Trade Agreement Implementation Act,

(i) section 10,

(ii) sections 12 and 13, and

(ii) section 15;

(d) section 12 of the Corruption of Foreign Public Officials Act;

(e) subsection 16(2.1) of the Customs Tariff;

(f) paragraph 4(2)(q) of the Salaries Act; and

(g) in the Special Import Measures Act,

(i) the definition “Minister” in subsection 77.01(1),

(ii) the definition “Minister” in subsection 77.1(1),

(iii) subsection 96.21(1), and

(iv) subsections 96.3(1) and (2).

(2) Unless the context requires otherwise, “Minister for International Trade” is replaced by “Minister of International Trade” in

(a) any other Act of Parliament;

(b) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(c) any other instrument made

(i) in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

36. Unless the context requires otherwise, “Deputy Minister for International Trade” is replaced by “Deputy Minister of International Trade” in

(a) any Act of Parliament;

(b) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(c) any other instrument made

(i) in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

COORDINATING AMENDMENTS

37. On the later of the coming into force of section 21.03 of the Patent Act, as enacted by section 1 of chapter 23 of the Statutes of Canada, 2004, and the coming into force of section 1 of this Act, the references to the “Minister for International Trade” in paragraphs 21.03(1)(b) to (d) and subsection 21.03(3) of the English version of the Patent Act are replaced by references to the “Minister of International Trade”.

38. (1) On the later of the coming into force of subsection 17(1) of the Motor Vehicle Transport Act, 1987, as enacted by section 7 of chapter 13 of the Statutes of Canada, 2001, and the coming into force of section 28 of this Act, that subsection 17(1) is replaced by the following:

17. (1) If the Minister is of the opinion that a government in a foreign state has engaged in unfair, discriminatory or restrictive practices with regard to Canadian extra-provincial motor carrier undertakings that operate carriers that transport goods by motor vehicle in that state or between that state and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs and the Minister of International Trade, seek elimination of those practices through consultations with that state.

(2) On the later of the coming into force of subsection 17(2) of the Motor Vehicle Transport Act, 1987, as enacted by section 7 of chapter 13 of the Statutes of Canada, 2001, and the coming into force of section 28 of this Act, the portion of that section 17(2) before paragraph (a) is replaced by the following:

(2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister, the Minister of Foreign Affairs and the Minister of International Trade made after consultation by the Minister with the government of each province affected thereby, notwithstanding this Act or any other Act of Parliament, by order,

39. On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, the references to the “public service of Canada” in subsection 8(2) and sections 9 and 10 of the English version of this Act are replaced by references to the “federal public administration”.

40. If Bill C-30, introduced in the 1st session of the 38th Parliament and entitled An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then, on the later of the coming into force of section 13 of the other Act and the coming into force of section 1 of this Act, paragraph 4.1(3)(q) of the English version of the Salaries Act is replaced by the following:

(q) the Minister of International Trade;

COMING INTO FORCE

41. This Act, other than sections 37 to 40, comes into force on a day to be fixed by order of the Governor in Council, which shall be the same day as that fixed under section 15 of An Act to amend the Department of Foreign Affairs and International Trade Act and to make consequential amendments to other Acts.