Department of Industry Act (S.C. 1995, c. 1)

Act current to 2017-11-20 and last amended on 2005-12-12. Previous Versions

PART IIIPowers, Duties and Functions of the Registrar General of Canada

Marginal note:Obligation to register
  •  (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.

  • Marginal note:Deputy Registrars General

    (2) The Registrar General may appoint one or more Deputy Registrars General from among the officials of the Department and delegate to them such duties and functions as the Registrar General deems appropriate.

  • Marginal note:Powers

    (3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records.

  • 1995, c. 1, s. 11;
  • 1999, c. 31, s. 72;
  • 2004, c. 25, s. 131.
Marginal note:Special statutory references

 If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration.

  • 1995, c. 1, s. 12;
  • 2001, c. 4, s. 73;
  • 2004, c. 25, s. 132.

PART IVGeneral

Marginal note:Special assistance
  •  (1) Where the Governor in Council is of the opinion that it is in the national interest to do so, the Minister may, in exercising the powers and performing the duties and functions assigned by subsection 4(1), develop and implement programs and projects of special assistance to industries, particular industrial or commercial establishments, organizations, persons who are members of a particular category of persons defined by order of the Governor in Council or particular persons to aid economic development, whether through the restructuring, adjusting, rationalizing, establishing or re-establishing, modernizing, expanding or contracting of an industry or particular industrial or commercial establishment or organization in Canada, or otherwise.

  • Marginal note:Contents of order

    (2) Where the Governor in Council makes an order pursuant to subsection (1), the Governor in Council shall also specify or authorize, as the case may be, the actions described in subsection 14(1).

Marginal note:Financial assistance
  •  (1) To facilitate the implementation of any program or project of the Minister under this Act, the Minister may

    • (a) make loans to any person;

    • (b) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person; and

    • (c) make grants and contributions to any person.

  • Marginal note:Stock options

    (2) Subject to any regulations made under subsection (3), the Minister may acquire, exercise, assign or sell a stock option or other financial or similar instrument obtained as a condition under which a loan or contribution was made, guarantee given or loan insurance or credit insurance provided under subsection (1).

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister and 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 section; and

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

  • Marginal note:Insurance a guarantee

    (4) For greater certainty, loan insurance or credit insurance provided under subsection (1) constitutes a guarantee for the purposes of the Financial Administration Act.

Marginal note:Committees

 The Minister may, with the approval of the Governor in Council, establish advisory and other committees to advise or assist the Minister or to exercise such powers and perform such 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.

Marginal note:Access to certain information
  •  (1) The Minister of Public Safety and Emergency Preparedness shall, notwithstanding any other Act, on request of the Minister, make available to the Minister copies of invoices and other information collected under the Customs Act on goods imported into Canada and exported from Canada for the purpose of carrying out duties and functions of the Minister under paragraph 6(b).

  • Marginal note:Confidentiality

    (2) No person employed in the federal public administration who comes into possession of information made available to the Minister under this section shall disclose any such information relating to a particular person, organization or business unless the disclosure is consented to in writing by the person or organization or the owner of the business.

  • Marginal note:Exception

    (3) Notwithstanding subsection (2), in carrying out duties and functions under paragraph 6(b), the Minister may publish lists of names and addresses of some or all importers or exporters of a product or group of products with trade values aggregated in such a manner as to protect the confidentiality of data concerning individual importers or exporters.

  • 1995, c. 1, s. 16;
  • 2003, c. 22, s. 224(E);
  • 2005, c. 38, ss. 142, 145.
Marginal note:Further duties
  •  (1) The Minister, in exercising powers and performing duties and functions under this Act,

    • (a) shall, where appropriate, make use of the services, facilities, information and expertise of other departments, boards or agencies of the Government of Canada; and

    • (b) may consult with, and organize conferences of, representatives of provincial governments, business and labour and other public and private entities.

  • Marginal note:Other powers

    (2) In exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements with the government of any province or any agency thereof, or with any other entity or person, and may make disbursements up to an amount equal to the aggregate of the amounts to be contributed by all parties to the agreement, even before those amounts have been contributed.

Marginal note:Fees for services or use of facilities
  •  (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

  • Marginal note:Amount not to exceed cost

    (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Marginal note:Fees in respect of regulatory processes etc.
  •  (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

  • Marginal note:Amount

    (2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.

Marginal note:Consultation
  •  (1) Before fixing a fee under section 18, 19 or 20, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

  • Marginal note:Publication

    (2) The Minister shall, within 30 days after the date on which the Minister fixes a fee under section 18, 19 or 20, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

  • Marginal note:Reference to Scrutiny Committee

    (3) Any fee fixed under section 18, 19 or 20 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

 
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