An Act respecting the Department of Foreign Affairs and International TradeDepartment of Foreign Affairs and International Trade ActForeign Affairs and International Trade201301

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E-22SHORT TITLE

Short title1.This Act may be cited as the Department of Foreign Affairs and International Trade Act.

• R.S., 1985, c. E-22, s. 1;
• 1995, c. 5, s. 2.

CONTINUATION OF THE DEPARTMENT

Department continued2.(1)The Department of External Affairs is hereby continued under the name of the Department of Foreign Affairs and International Trade over which the Minister of Foreign Affairs, appointed by commission under the Great Seal, shall preside.Minister(2)The Minister of Foreign Affairs, 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.

• R.S., 1985, c. E-22, s. 2;
• 1995, c. 5, s. 2.

ADDITIONAL MINISTERS

Minister for International Trade3.A Minister for International Trade shall be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his responsibilities relating to international trade.

• R.S., 1985, c. E-22, s. 3;
• 1995, c. 5, s. 3(F).

Minister for International Cooperation4.A Minister for International Cooperation may be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out the Minister’s responsibilities relating to the conduct of Canada’s international relations.

• R.S., 1985, c. E-22, s. 4;
• 1995, c. 5, s. 4.

Use of departmental services and facilities5.A minister appointed pursuant to section 3 or 4 shall act with the concurrence of the Minister in carrying out his responsibilities and shall make use of the services and facilities of the Department.

• 1980-81-82-83, c. 167, s. 6.

COMMITTEES

Committees to advise and assist6.The Governor in Council may establish advisory and other committees to advise or assist the Minister or to exercise and perform such powers, duties and functions as the Governor in Council may specify, and may fix the remuneration and expenses to be paid to the members of the committees so established.

• 1980-81-82-83, c. 167, s. 7.

OFFICERS OF THE DEPARTMENT

Deputy head7.The Governor in Council may appoint an officer called the Deputy Minister of Foreign Affairs to hold office during pleasure and to be the deputy head of the Department.

• R.S., 1985, c. E-22, s. 7;
• 1995, c. 5, s. 5.

Additional deputy heads8.(1)The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom shall have the rank and status of a deputy head of a department and shall, under the Deputy Minister of Foreign Affairs, exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify.Deputy Ministers for International Trade and for Political Affairs(2)The Governor in Council may designate one of the Associate Deputy Ministers appointed under subsection (1) to be Deputy Minister for International Trade and one to be Deputy Minister for Political Affairs.

• R.S., 1985, c. E-22, s. 8;
• 1995, c. 5, s. 5.

Coordinator, International Economic Relations9.The Governor in Council may designate or appoint a person in the federal public administration as the Coordinator, International Economic Relations who shall have the rank and status of a deputy head of a department and shall, subject to the direction of the Governor in Council, exercise and perform such powers, duties and functions as a deputy of the Minister and otherwise as the Minister may specify.

• R.S., 1985, c. E-22, s. 9;
• 1995, c. 5, s. 6(F);
• 2003, c. 22, s. 224(E).

Previous Version

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

Powers, duties and functions of Minister10.(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 the conduct of the external affairs of Canada, including international trade and commerce and international development.Idem(2)In exercising his powers and carrying out his duties and functions under this Act, the Minister shall(a)conduct all diplomatic and consular relations on behalf of Canada;(b)conduct all official communication between the Government of Canada and the government of any other country and between the Government of Canada and any international organization;(c)conduct and manage international negotiations as they relate to Canada;(d)coordinate Canada’s international economic relations;(e)foster the expansion of Canada’s international trade and commerce;(f)have the control and supervision of the Canadian International Development Agency;(g)coordinate the direction given by the Government of Canada to the heads of Canada’s diplomatic and consular missions;(h)have the management of Canada’s diplomatic and consular missions;(i)administer the foreign service of Canada;(j)foster the development of international law and its application in Canada’s external relations; and(k)carry out such other duties and functions as are by law assigned to him.Programs(3)The Minister may develop and carry out programs related to the Minister’s powers, duties and functions for the promotion of Canada’s interests abroad including:(a)the fostering of the expansion of Canada’s international trade and commerce; and(b)the provision of assistance for developing countries.

• R.S., 1985, c. E-22, s. 10;
• 1995, c. 5, s. 7.

FEES FOR DOCUMENTS

Fees10.1(1)The Governor in Council may, on the recommendation of the Minister and the Treasury Board, make regulations prescribing(a)documents issued by the Minister for travel purposes for which fees are payable; and(b)the amount of the fees and the time and manner of their payment.Cost recovery(2)The fees shall be prescribed with a view to the recovery of the costs incurred by Her Majesty in right of Canada in providing consular services.Additional to other fees(3)The fees are to be paid in addition to any other fees payable under section 19 of the Financial Administration Act in respect of the same documents.

• 1995, c. 17, s. 43.

AGREEMENTS WITH PROVINCES

Agreements11.The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency thereof respecting the carrying out of programs related to the Minister’s powers, duties and functions.

• 1980-81-82-83, c. 167, s. 11.

MINISTER FOR INTERNATIONAL TRADE

Duties of Minister12.Subject to section 5, the Minister for International Trade shall promote the expansion of Canada’s international trade and commerce by(a)assisting Canadian exporters in their international marketing initiatives and by promoting Canadian export sales;(b)improving the access of Canadian produce, products and services into external markets through trade negotiations;(c)fostering trade relations with other countries; and(d)contributing to the improvement of world trading conditions.

• R.S., 1985, c. E-22, s. 12;
• 1995, c. 5, s. 9(F).

HEADS OF MISSIONS

Definition of "head of mission"13.(1)In this section, head of mission means(a)an ambassador, high commissioner or consul-general of Canada; or(b)any other person appointed to represent Canada in another country or a portion of another country or at an international organization or diplomatic conference and designated head of mission by the Governor in Council.Duties of head of mission(2)Except as otherwise instructed by the Governor in Council, a head of mission shall have the management and direction of his mission and its activities and the supervision of the official activities of the various departments and agencies of the Government of Canada in the country or portion of the country or at the international organization to which he is appointed.

• 1980-81-82-83, c. 167, s. 13.

14.[Repealed, 1995, c. 5, s. 10]

RELATED PROVISIONS — 1995, c. 5, ss. 11, 12

Transitional11.(1)Any person who holds the office of Secretary of State for External Affairs, Under-Secretary of State for External Affairs or Associate Under-Secretary of State for External Affairs on the day on which this subsection comes into force is deemed to have been appointed Minister of Foreign Affairs, Deputy Minister of Foreign Affairs or Associate Deputy Minister of Foreign Affairs, as the case may be, from and after that day.Idem(2)Any person who holds the office of Minister for International Trade (ministre du Commerce extérieur) or Deputy Minister for International Trade (sous-ministre du Commerce extérieur) on the day on which this subsection comes into force is deemed to have been appointed Minister for International Trade (ministre du Commerce international) or Deputy Minister for International Trade (sous-ministre du Commerce international), as the case may be, from and after that day.

— 1995, c. 5, ss. 11, 12

Positions12.Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Investment Development Division of Investment Canada or who performed duties and functions in connection with that Division except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Foreign Affairs and International Trade under the authority of the Deputy Minister of Foreign Affairs.