Bill C-204

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-204

An Act establishing the Economic Development Agency of Canada for the Region of Northern Ontario

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 Region of Northern Ontario Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Agency” means the Economic Development Agency of Canada for the Region of Northern Ontario established by section 8.

“enterprise” includes a social economy enterprise.

“Minister” means the Minister for the Federal Economic Development Initiative for Northern Ontario.

“Northern Ontario” means the geographic area comprising the following ten electoral districts, as described in the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act:

(a) Algoma — Manitoulin — Kapuskasing;

(b) Kenora;

(c) Nickel Belt;

(d) Nipissing — Timiskaming;

(e) Parry Sound — Muskoka;

(f) Sault Ste. Marie;

(g) Sudbury;

(h) Thunder Bay — Rainy River;

(i) Thunder Bay — Superior North; and

(j) Timmins — James Bay.

PURPOSE

3. The purpose of this Act is to promote economic development, economic diversification and job creation in communities in Northern Ontario.

MINISTER

4. (1) The Minister is 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 Northern Ontario.

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

(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 Northern Ontario; and

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

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

(5) Members of a committee are 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, for 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 presides 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 Ontario or any agency of that government, or with any other entity or person, including cooperation agreements and agreements related to distinct sectors of Ontario's economy.

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

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

(a) promote the economic development of communities in Northern Ontario where low incomes or slow economic growth or both are prevalent or where opportunities for productive employment are inadequate;

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

(c) focus on small and medium-sized enterprises and on the development of entrepreneurial spirit; and

(d) promote the social economy through co-operatives, credit unions and other social economy enterprises that help build communities and return both a social and economic investment.

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 REGION OF NORTHERN ONTARIO

8. There is hereby established an agency of the Government of Canada to be known as the Economic Development Agency of Canada for the Region of Northern Ontario.

9. (1) The Governor in Council must appoint an officer to be the deputy of the Minister, to be called the President of the Agency and to 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 must appoint another person to act as the President, but that person is prohibited from acting as President for a period exceeding 90 days without the approval of the Governor in Council.

(4) The President is to 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 Northern Ontario by giving special attention to communities in that region where slow economic growth is prevalent or where opportunities for productive employment are inadequate. The Agency is particularly mandated to enlist communities and their leadership in helping to determine priorities for development, and to establish a board of directors and advisory councils from various economic and social sectors that will engage and empower the residents of Northern Ontario.

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

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

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

(b) plan and implement mechanisms to facilitate cooperation and concerted action with Northern Ontario and communities in Northern Ontario;

(c) plan, implement, direct and manage programs and projects, or offer services, intended to contribute directly or indirectly to the achievement of the following objectives in Northern Ontario:

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

(ii) the development of entrepreneurial spirit,

(iii) the economic prosperity of that region, and

(iv) the development of communities;

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

(i) to support 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 investments;

(e) collect, gather — by survey or otherwise —, compile, analyze, coordinate and disseminate information relating to the development and diversification of the economy of Northern Ontario;

(f) assist investors to establish enterprises — more particularly small and medium-sized enterprises — in Northern Ontario that meet federal investment requirements and terms and conditions approved by the Treasury Board;

(g) make loans to any person with respect to the establishment and development of enterprises — more particularly small and medium-sized enterprises — in Northern Ontario;

(h) 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 an enterprise referred to in paragraph (g);

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

(j) 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 Northern Ontario's economy; and

(k) 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 must 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 Northern Ontario;

(c) in leading and coordinating 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 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 serv- ices offered, by the Agency or the Minister for the purpose of measuring trends and progress in the development and diversification of the economy of Northern Ontario.

GENERAL

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

14. The head office of the Agency is to be in Northern Ontario.

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 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 in right of Canada.

REGULATIONS

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

(a) specifying programs, projects and serv- ices, in addition to those referred to in paragraph 11(1)(c), to improve the economic environment in Northern Ontario;

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

(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 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 employment improvement opportunities identified with respect to a designated area or a designated community, regulations specifically applicable to that area or community may be made under this section that vary from regulations of general application to Ontario.

REPORTS

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

(2) The Minister must 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 on the administration of this Act for that fiscal year and a copy of the annual report submitted to the Minister under subsection (1).

(3) The President must, on or before December 31, 2012 and every five years after that date, submit to the Minister, in addition to the annual report submitted under subsection (1), a comprehensive report providing an evaluation of all the activities in which the Agency was involved.

(4) The Minister must 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.