Bill C-9

53-54 ELIZABETH II

——————

CHAPTER 26

An Act to establish the Economic Development Agency of Canada for the Regions of Quebec

[Assented to 23rd June, 2005]

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 Economic Development Agency of Canada for the Regions of Quebec Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Agency” means the Economic Development Agency of Canada for the Regions of Quebec established by section 8.

“enterprise” includes a social economy enterprise.

“Minister” means the Minister of the Economic Development Agency of Canada for the Regions of Quebec.

PURPOSE

3. The purpose of this Act is to promote the development and diversification of the economy of the regions of Quebec.

MINISTER

4. (1) The Minister shall be appointed by commission under the Great Seal to hold office during pleasure.

(2) 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 other than the Agency, relating to the promotion of the development and diversification of the economy of the regions of Quebec.

(3) In exercising the powers and performing the duties and functions assigned by subsection (2), the Minister shall

(a) guide, promote and coordinate the policies and programs of the Government of Canada in relation to the development and diversification of the economy of the regions of Quebec; and

(b) lead and coordinate the activities of the Government of Canada in the establishment of cooperative relationships with Quebec and with business, labour and other public and private bodies in that province.

(4) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

(5) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.

(6) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

5. (1) The Minister shall preside over the Agency.

(2) In exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements with the government of Quebec or any agency of that government, or with any other entity or person, including cooperation agreements and agreements related to distinct sectors of Quebec's economy.

(3) No grant or contribution shall be announced from the date that a federal election has been called until the day after voting day.

6. The Minister shall exercise his or her powers and perform his or her duties and functions in a manner that will

(a) promote economic development in the regions of Quebec where low incomes and/or slow economic growth are prevalent or where opportunities for productive employment are inadequate;

(b) emphasize long-term economic development and sustainable employment and income creation; and

(c) focus on small- and medium-sized enterprises and on the development of entrepreneurial talent.

7. Subject to any regulations, the Minister may acquire, exercise, assign or sell a stock option, share warrant, share or other similar financial instrument obtained as a condition of a loan or contribution made, a guarantee given or loan insurance or credit insurance provided under subsection 11(1) or in the course of the collection or enforcement of a debtor’s obligation to the Agency.

ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR THE REGIONS OF QUEBEC

8. An Agency of the Government of Canada to be known as the Economic Development Agency of Canada for the Regions of Quebec is established.

9. (1) The Governor in Council shall appoint an officer to be the deputy of the Minister, who shall be called the President of the Agency and who shall hold office during pleasure.

(2) The President is the chief executive officer of the Agency and, under the direction of the Minister, has control and supervision over the work, officers and employees of the Agency.

(3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister shall appoint another person to act as the President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council.

(4) The President shall be paid the remuneration set by the Governor in Council.

OBJECT, POWERS AND DUTIES

10. (1) The object of the Agency is to promote the long-term economic development of the regions of Quebec by giving special attention to those where slow economic growth is prevalent or where opportunities for productive employment are inadequate.

(2) In carrying out its object, the Agency shall take such measures as will promote cooperation and complementarity with Quebec and communities in Quebec.

11. (1) In carrying out its object, the Agency may

(a) in cooperation with other concerned ministers and boards and agencies of the Government of Canada, formulate and implement policies, plans and integrated federal approaches;

(a.1) plan and implement mechanisms to facilitate cooperation and concerted action with Quebec and communities in;

(b) plan, implement, direct and manage programs and projects, or offer services, intended to contribute directly or indirectly

(i) to the establishment, development, support and promotion of enterprises, and more particularly small- and medium-sized enterprises, in Quebec,

(ii) to the development of entrepreneurial talent in Quebec,

(iii) to economic prosperity in Quebec, and

(iv) to the development of communities in Quebec;

(c) plan, implement, direct and manage programs and projects, or offer services, to improve the economic environment in Quebec, including programs, projects and serv­ices

(i) of support to business associations, conferences, studies, consultations, trade shows, demonstration projects and market research,

(ii) related to the development of economic opportunity data banks and networks,

(iii) to improve business communication and cooperation, and

(iv) to promote knowledge related to business and investment;

(d) collect, gather — by survey or other- wise —, compile, analyse, coordinate and dissem­inate information relating to the development and diversification of the economy of the regions of Quebec;

(e) assist investors to establish enterprises, and more particularly small- and medium-sized enterprises, in Quebec, consistent with federal investment requirements and in accordance with terms and conditions approved by the Treasury Board;

(f) make loans to any person with respect to the establishment and development of enterprises, and more particularly small- and medium-sized enterprises, in Quebec;

(g) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person with respect to the establishment and development of enterprises referred to in paragraph (f);

(h) make grants and contributions in support of programs and projects undertaken by the Agency or the Minister;

(i) 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, including cooperation agreements and agreements related to distinct sectors of Quebec’s economy; and

(j) do any other thing necessary or incidental to the attainment of the object of the Agency.

(2) The Agency may also perform any other functions assigned to it by order of the Governor in Council.

12. The Agency shall assist the Minister

(a) generally, in the exercise of powers and the performance of duties and functions under this Act and any other Act in respect of which powers, duties and functions are assigned to the Minister;

(b) in guiding, promoting and coordinating the policies and programs of the Government of Canada in relation to the development and diversification of the economy of the regions of Quebec;

(c) in leading and coordinating the activities of the Government of Canada in the establishment of cooperative relationships with Quebec and with business, labour and other public and private bodies in that province;

(d) by administering any agreements entered into under subsection 5(2);

(e) in the exercise of powers conferred on the Minister by section 7; and

(f) by compiling detailed information on all programs and projects undertaken, and serv­ices offered, by the Agency or the Minister for the purpose of measuring trends and progress in the development and diversification of the economy of the regions of Quebec.

GENERAL

13. The officers and employees that are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

14. The head office of the Agency shall be in the Province of Quebec.

15. (1) Every contract, memorandum of understanding and 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, 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.

REGULATIONS

16. (1) Subject to subsection (2), the Minister may make regulations

(a) specifying programs, projects and serv­ices in addition to those referred to in paragraph 11(1)(c) to improve the economic environment in Quebec;

(b) defining, for the purposes of this Act, “community”, “small- and medium-sized enterprises”, “project” and “demonstration projects”;

(c) specifying the class or classes of small- and medium-sized enterprises and of operations and activities eligible for support by the Agency under this Act; and

(d) generally for carrying out the purposes and provisions of this Act.

(2) The Minister may, with the approval of the Minister of Finance, make regulations

(a) relating to loans that may be made, guarantees that may be given and loan insurance and credit insurance that may be provided under this Act; and

(b) specifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option obtained as a condition under which a contribution or loan was made, a guarantee given or loan insurance or credit insurance provided under this Act.

(3) For greater certainty, loan insurance or credit insurance provided under this Act constitutes a guarantee for the purposes of the Financial Administration Act.

(4) In order to exploit the opportunities for improvements in employment identified in a designated area or with respect to a designated community, regulations specially applicable to that area or community may be made under the authority of this section that vary from regulations of general application to Quebec.

REPORTS

17. (1) The President shall, within six months after the end of each fiscal year, submit a report on the operations of the Agency in that year to the Minister.

(2) The Minister shall cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after October 31 next following the end of each fiscal year, a report, including a copy of the annual report submitted to the Minister under subsection (1), on the administration of this Act for that fiscal year.

(3) The President shall, on or before December 31, 2006 and every five years after that date, submit to the Minister a comprehensive report, in addition to the annual report of the Agency, providing an evaluation of all activities in which the Agency was involved.

(4) The Minister shall cause a copy of the comprehensive report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

TRANSITIONAL PROVISIONS

18. (1) The following definitions apply in this section.

“former agency” means the portion of the public service of Canada known as the Economic Development Agency of Canada for the Regions of Quebec.

“new agency” means the Economic Development Agency of Canada for the Regions of Quebec established by section 8.

(2) The person occupying the position of Deputy Minister of the former agency on the day on which this section comes into force becomes the President of the new agency on that day and is deemed to have been appointed under subsection 9(1).

(3) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy their position in the new agency.

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

(5) 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 for the former agency 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 public service of Canada for the new agency.

(6) Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Deputy Minister of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency, unless the Governor in Council by order designates a Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.

(7) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

(a) Schedule I to the Access to Information Act, under the heading “Other Government Institutions”;

(b) Schedule I.1 to the Financial Administration Act;

(c) the schedule to the Privacy Act, under the heading “Other Government Institutions”;

(d) Part I of Schedule I to the Public Service Staff Relations Act; and

(e) any order of the Governor in Council made pursuant to the definition “department” in subsection 2(1) of the Public Service Employment Act.

(8) The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to the definition “deputy head” in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the President of the new agency as deputy head of that agency.

CONSEQUENTIAL AMENDMENTS

Auditor General Act

19. (1) The schedule to the Auditor General Act is amended by striking out the following:

Federal Office of Regional Development — Quebec

(2) The schedule to the Act is amended by adding the following in alphabetical order:

Economic Development Agency of Canada for the Regions of Quebec

Department of Industry Act

20. Subsection 4(2) of the Department of Industry Act is replaced by the following:

(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.

21. The heading of Part II of the Act is replaced by the following:

REGIONAL ECONOMIC DEVELOPMENT IN ONTARIO

22. Paragraph 8(a) of the Act is replaced by the following:

(a) promote economic development in areas of Ontario where low incomes and slow economic growth are prevalent or where opportunities for productive employment are inadequate;

23. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

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,

(2) Paragraph 9(1)(c) of the Act is replaced by the following:

(c) lead and coordinate the activities of the Government of Canada in the establishment of cooperative relationships with Ontario and with business, labour and other public and private bodies; and

(3) Paragraphs 9(2)(a) and (b) of the Act are replaced by the following:

(a) provide and, where appropriate, coordinate services promoting regional economic development in Ontario including services to develop entrepreneurial talent, support local business associations, stimulate investment and support small- and medium-sized enterprises in that province or any part of that province; and

(b) initiate, recommend, coordinate, direct, promote and implement programs and projects in relation to regional economic development in Ontario.

Financial Administration Act

24. The reference to the “Minister of State to be styled Minister of the Economic Development Agency of Canada for the Regions of Quebec and Minister responsible for the Francophonie” in column II of Schedule I.1 to the Financial Administration Act is replaced by a reference to the “Minister of the Economic Development Agency of Canada for the Regions of Quebec”.

Public Service Superannuation Act

25. Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Economic Development Agency of Canada for the Regions of Quebec

Salaries Act

26. Subsection 4(2) of the Salaries Act is amended by adding the following after paragraph (t):

(t.1) the Minister of the Economic Development Agency of Canada for the Regions of Quebec;

COORDINATING AMENDMENTS

27. (1) On the later of the coming into force of section 8 of this Act and section 11 of the Public Service Modernization Act (the “other Act”), Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:

Economic Development Agency of Canada for the Regions of Quebec

(2) On the later of the coming into force of section 18 of this Act and section 224 of the other Act,

(a) the definition “former agency” in subsection 18(1) of the English version of this Act is replaced by the following:

“former agency” means the portion of the federal public administration known as the Economic Development Agency of Canada for the Regions of Quebec.

(b) subsections 18(5) and (6) of the English version of this Act are replaced by the following:

(5) 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 federal public administration for the former agency 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 federal public administration for the new agency.

(6) Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Deputy Minister of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency, unless the Governor in Council by order designates a Deputy Minister or officer of the federal public administration to exercise that power, duty or function.

COMING INTO FORCE

28. The provisions of this Act, other than section 27, come into force on a day or days to be fixed by order of the Governor in Council.