Bill C-60

Repeal

199. The Department of Foreign Affairs and International Trade Act is repealed.

Division 13

Ridley Terminals Inc.

Reorganization and Divestiture

200. (1) The following definitions apply in this Division.

“assets” includes

(a) in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and

(b) incorporeal property.

“Minister” means the Minister of Transport.

“security” means

(a) in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and

(b) in relation to any other entity, any ownership interest in or debt obligation of the entity, and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity.

(2) In this Division, “corporation”, “share” and “wholly-owned subsidiary” have the same meaning as in subsection 83(1) of the Financial Administration Act.

(3) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act.

(4) In the event of any inconsistency between this Division and the Canada Business Corporations Act or anything issued, made or established under that Act, this Division prevails to the extent of the inconsistency.

(5) Nothing in, or done under the authority of, this Division affects the operation of the Competition Act in respect of the acquisition of any interest or right in an entity.

(6) Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division.

201. The purpose of this Division is to authorize measures for the reorganization and divestiture of all or any part of Ridley Terminals Inc.’s business, which will allow the Government of Canada to pursue its objective of obtaining the best value for the business from a buyer who will operate the business on a long-term and sustainable basis and with open access to its services.

202. The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:

(a) sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.;

(b) procure an addition to, or other material change in, the objects or purposes for which Ridley Terminals Inc. is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles;

(c) procure the amalgamation of Ridley Terminals Inc.; and

(d) procure the dissolution of Ridley Terminals Inc.

203. (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:

(a) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation;

(b) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity;

(c) acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and

(d) acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity.

(2) The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(a).

204. The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under section 202 or subsection 203(1).

205. (1) Ridley Terminals Inc., any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures:

(a) sell or otherwise dispose of some or all of its assets;

(b) sell or otherwise dispose of some or all of its liabilities;

(c) issue securities and sell or otherwise dispose of some or all of those securities;

(d) reorganize its capital structure;

(e) acquire assets of a corporation or of any other entity;

(f) procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents;

(g) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it;

(h) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it;

(i) acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it;

(j) sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it;

(k) procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;

(l) procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and

(m) do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l).

(2) The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) to take, or cause any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity to take, a measure referred to in subsection (1).

(3) The Governor in Council is not authorized to issue a directive to Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b)

(a) after some or all of its securities are sold or otherwise disposed of; or

(b) with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after some or all of the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of.

(4) The directors of Ridley Terminals Inc. or of the corporation, or persons acting in a similar capacity with respect to the other entity, must comply with a directive issued by the Governor in Council. Compliance with that issued directive is in the best interests of Ridley Terminals Inc., the corporation or the other entity, as the case may be.

(5) As soon as feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, Ridley Terminals Inc., the corporation or the other entity, as the case may be, must notify the Minister that it has done so.

206. The Statutory Instruments Act does not apply to a directive.

207. (1) The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.

(2) However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to the commercial interests of Canada, of Ridley Terminals Inc., of any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or of a wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.

(3) Before forming his or her opinion on whether publishing information contained in the directive would be detrimental, the Minister must consult the board of directors of Ridley Terminals Inc. or of the corporation, or the person or group of persons acting in a similar capacity with respect to the other entity.

208. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in relation to Ridley Terminals Inc. that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise of their powers or the performance of their duties or functions, under this Division.

209. The money from a sale or other disposition made under paragraph 202(a), subsection 203(1) or paragraph 205(1)(a), (b), (c) or (j), minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act and is to be paid to the Receiver General.

210. Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 202 to 205.

Consequential Amendment to the Canada Marine Act

211. Section 143 of the Canada Marine Act is repealed.

Coming into Force

212. Section 211 comes into force on a day to be fixed by order of the Governor in Council.

Division 14

Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage

National Capital Act

213. (1) Subsection 10(1) of the National Capital Act is replaced by the following:

10. (1) The objects and purposes of the Commission are to prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.

(2) Subsection 10(2) of the Act is amended by adding “and” at the end of paragraph (h) and by repealing paragraph (h.1).

Department of Canadian Heritage Act

214. Subsection 4(2) of the Department of Canadian Heritage Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (k):

(k.1) the organization, sponsorship and promotion of public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada, taking into account the federal character of Canada, the equality of status of the official languages of Canada and the heritage of the people of Canada; and

215. Section 5 of the Act is replaced by the following:

5. In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall

(a) initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and values, cultural development and heritage; and

(b) with respect to the Minister’s jurisdiction referred to in paragraph 4(2)(k.1), coordinate the policies and programs of the Government of Canada respecting the organization, sponsorship or promotion by departments of public activities and events related to the National Capital Region as defined in section 2 of the National Capital Act.

Transitional Provisions

216. The following definitions apply in sections 217 to 220.

“activity and event mandate” means the organization, sponsoring or promotion of any public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada.

“Commission” means the National Capital Commission continued by section 3 of the National Capital Act.

217. Every employee of the Commission whose functions relate to the activity and event mandate is deemed, on the day on which this section comes into force, to be a person appointed to a position in the Department of Canadian Heritage under the Public Service Employment Act and to be an employee as defined in subsection 2(1) of that Act.

218. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures of the Commission related to the activity and event mandate and that is unexpended is deemed to have been appropriated to defray any operating expenditures of the Department of Canadian Heritage.

219. On the day on which this section comes into force, and to the extent that they relate to the activity and event mandate,

(a) the Commission’s assets are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

(b) the Commission’s obligations are assumed by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

(c) permits, licences and other authorizations issued to the Commission are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; and

(d) permits, licences and other authorizations issued by the Commission are deemed to have been issued by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage.

220. Any action, suit or other legal proceeding to which the Commission is party that is pending in any court on the day on which this section comes into force and that relates to the activity and event mandate may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Commission.

Consequential Amendments to the National Holocaust Monument Act

221. The definition “Minister” in section 2 of the National Holocaust Monument Act is replaced by the following:

“Minister” means the Minister of Canadian Heritage.

222. Subsection 7(1) of the Act is replaced by the following:

7. (1) The Minister shall be responsible for the construction of the Monument.

223. Subsection 8(2) of the Act is replaced by the following:

(2) Nothing shall prevent the Minister from contributing funds for the cost of planning, designing, contructing and installing the Monument.

Coming into Force

224. This Division comes into force on the last day of the third month after the day on which this Act receives royal assent.

Division 15

Parliamentary Secretaries and Ministers

Parliament of Canada Act

225. Subsection 46(2) of the Parliament of Canada Act is replaced by the following:

(2) The number of Parliamentary Secretaries that are appointed is not to exceed the number of ministers for whom salaries are provided in section 4.1 of the Salaries Act.

Salaries Act

226. (1) Paragraph 4.1(3)(k) of the Salaries Act is replaced by the following:

(k) the Minister of Public Safety and Emergency Preparedness;

(2) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (t.1):

(t.2) the Minister of the Federal Economic Development Initiative for Northern Ontario;

(t.3) the Minister of the Federal Economic Development Agency for Southern Ontario;

(t.4) the Minister of the Canadian Northern Economic Development Agency;

Division 16

Department of Public Works and Government Services Act

227. (1) The portion of section 16 of the English version of the Department of Public Works and Government Services Act before paragraph (a) is replaced by the following:

16. If the Minister is authorized to do a thing under this or any other Act of Parliament for or on behalf of any department, board or agency of the Government of Canada, the Minister may do that thing for or on behalf of

(2) Section 16 of the Act is amended by replacing the portion after paragraph (a) with the following:

(b) with the Governor in Council’s approval — given on a general or a specific basis — any government, body or person in Canada or elsewhere.

Division 17

Financial Administration Act

Amendments to the Act

228. (1) Subsection 85(1) of the Financial Administration Act is replaced by the following:

85. (1) Divisions I to IV, except for sections 89.8 to 89.92, 131.1 and 154.01, do not apply to the Bank of Canada.

(2) Subsection 85(1.01) of the Act is replaced by the following:

(1.01) Divisions I to IV, except for sections 89.8 to 89.92 and 154.01, do not apply to the Canada Pension Plan Investment Board.

(3) Subsections 85(1.1) and (1.2) of the Act are replaced by the following:

(1.1) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

(1.2) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.

229. The Act is amended by adding the following after section 89.7:

Orders — Terms and Conditions of Employment

89.8 (1) The Governor in Council may, by order, direct a Crown corporation to have its negotiating mandate approved by the Treasury Board for the purpose of the Crown corporation entering into a collective agreement with a bargaining agent for a bargaining unit.

(2) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may impose any requirement on the Crown corporation with respect to that negotiating mandate.

(3) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may require that an employee under the jurisdiction of the Secretary of the Treasury Board attend and observe the collective bargaining between the Crown corporation and the bargaining agent, in which case that employee is entitled to do so.

(4) A Crown corporation that is subject to an order made under subsection (1) may enter into a collective agreement referred to in the order only with the Treasury Board’s approval.

89.9 (1) The Governor in Council may, by order, direct a Crown corporation to obtain the Treasury Board’s approval before the Crown corporation fixes the terms and conditions of employment of its non-unionized employees who are not appointed by the Governor in Council.

(2) If the Governor in Council directs a Crown corporation to obtain the Treasury Board’s approval, the Treasury Board may impose any requirement on the Crown corporation with respect to the terms and conditions of employment of those employees.

89.91 (1) The directors of a Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) shall ensure that subsection 89.8(4), the order and any requirement imposed under subsection 89.8(2) or 89.9(2) are complied with and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from that compliance.

(2) Compliance by a Crown corporation with subsection 89.8(4), the order or the requirement is deemed to be in the best interests of the corporation.

89.92 For greater certainty, including for the purposes of the Canada Labour Code, the Treasury Board is neither the employer of the employees of the Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) nor an employer representative of the Crown corporation or a person acting on the Crown corporation’s behalf.

Consequential Amendments

Canadian Race Relations Foundation Act

230. Subsection 17(3) of the Canadian Race Relations Foundation Act is replaced by the following:

(3) Part X of the Financial Administration Act, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 131 to 148 and 154.01, does not apply to the Foundation.

Public Sector Pension Investment Board Act

231. Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:

(6) Part X of the Financial Administration Act, except for sections 89.8 to 89.92, 113.1, 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.

Coming into Force

232. Subsection 228(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

Division 18

Keeping Canada’s Economy and Jobs Growing Act

233. Section 161 of the Keeping Canada’s Economy and Jobs Growing Act is replaced by the following:

161. (1) There may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, on the requisition of the Minister set out in Schedule I.1 to the Financial Administration Act with respect to the Office of Infrastructure of Canada or of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum of not more than the amount determined in accord-ance with subsection (2) to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

(2) For the fiscal year beginning on April 1, 2014, the sum that may be paid under subsection (1) is $2,000,000,000. For each subsequent fiscal year, the sum may be $100,000,000 more than the sum that may be paid for the previous fiscal year, if the amount determined in accordance with the formula set out in subsection (3) exceeds by $100,000,000 or more the sum that may be paid for the previous fiscal year.

(3) For the purposes of subsection (2), the formula is as follows:

A x 1.02^B

where

A      is $2,000,000,000; and

B      is the number obtained by subtracting 2013 from the number of the year in which the fiscal year in question begins.