Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)
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Assented to 2013-06-26
158. Section 13 of the Act is replaced by the following:
Marginal note:Rights under Pension Act
13. The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance.
Transitional Provision
Marginal note:Retroactive pension
159. If, on the day on which this Division comes into force, a person is or has been in receipt of war veterans allowance referred to in subsection 32(2) of the Pension Act as it read immediately before that day and, on or after that day, is awarded a retroactive pension or a retroactive increase of pension under that Act, then any pension payments made under that Act in respect of a month the whole of which is before that day are subject to that subsection 32(2) and to section 13 of the War Veterans Allowance Act as they read immediately before that day.
Coming into Force
Marginal note:Order in council
160. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 9Immigration and Refugee Protection
2001, c. 27Immigration and Refugee Protection Act
Marginal note:2012, c. 1, s. 206
161. Subsections 30(1.4) to (1.6) of the Immigration and Refugee Protection Act are replaced by the following:
Marginal note:Purpose
(1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Marginal note:Revocation of work permit
(1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.
Marginal note:For greater certainty
(1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.
Marginal note:Revocation or suspension of an opinion
(1.43) If, in the view of the Department of Human Resources and Skills Development, public policy considerations that are specified in instructions given by the Minister of Human Resources and Skills Development justify it, that Department may
(a) revoke an opinion provided by that Department with respect to an application for a work permit;
(b) suspend the effects of the opinion; or
(c) refuse to process a request for such an opinion.
Marginal note:For greater certainty
(1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an opinion referred to in that subsection.
Marginal note:Publication
(1.5) Instructions given under this section shall be published in the Canada Gazette.
Marginal note:Application
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an opinion with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.
162. (1) Section 89 of the Act is amended by adding the following after subsection (1):
Marginal note:User Fees Act
(1.1) The User Fees Act does not apply to a fee for the provision of services in relation to a request for an opinion provided by the Department of Human Resources and Skills Development with respect to an application for a work permit.
(2) Section 89 of the Act is amended by adding the following before subsection (2):
Marginal note:User Fees Act
(1.2) The User Fees Act does not apply to a fee for the provision of services in relation to the processing of an application for a temporary resident visa, work permit, study permit or extension of an authorization to remain in Canada as a temporary resident.
163. The Act is amended by adding the following after section 89:
Marginal note:Fees for rights and privileges
89.1 (1) The regulations may
(a) govern fees to be paid for rights and privileges conferred by means of a work permit; and
(b) waive the fees referred to in paragraph (a) for certain work permits or certain classes of work permits.
Marginal note:User Fees Act
(2) The User Fees Act does not apply to fees referred to in paragraph (1)(a).
Marginal note:2012, c. 19, s. 708
164. Subsection 92(1.1) of the Act is replaced by the following:
Marginal note:Incorporated material — instructions
(1.1) An instruction given by the Minister or the Minister of Human Resources and Skills Development under this Act may incorporate by reference any material, regardless of its source.
165. Section 93 of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
93. Instructions given by the Minister or the Minister of Human Resources and Skills Development under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:2012, c. 1, s. 207
166. Paragraph 94(2)(e.1) of the Act is replaced by the following:
(e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and
No Appeal to the Refugee Appeal Division
Marginal note:No appeal to Refugee Appeal Division
167. A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that Division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Division Rules after the day on which this section comes into force.
Marginal note:Decision set aside in judicial review
168. If a decision referred to in section 167 is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act. The member’s decision is not subject to appeal to the Refugee Appeal Division.
Coming into Force
Marginal note:Order in council
169. Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council.
Division 10R.S., c. C-29Citizenship Act
Amendments to the Act
Marginal note:2008, c. 14, s. 12(2)
170. Paragraph 27(b) of the Citizenship Act is replaced by the following:
(b) respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;
171. The Act is amended by adding the following after section 27.1:
Marginal note:User Fees Act
27.2. The User Fees Act does not apply in respect of a fee for services provided in the administration of this Act.
Coming into Force
Marginal note:Order in council
172. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.
Division 111997, c. 9Nuclear Safety and Control Act
173. Section 21 of the Nuclear Safety and Control Act is amended by adding the following after subsection (2):
Marginal note:Expenditure of revenue from fees
(3) The Commission may spend for its purposes the revenue from the fees it charges for licences or classes of licences issued under section 24 in the fiscal year in which the revenues are received or in the next fiscal year.
Division 12Department of Foreign Affairs, Trade and Development Act
Enactment of Act
Marginal note:Enactment
174. The Department of Foreign Affairs, Trade and Development Act is enacted as follows:
An Act respecting the Department of Foreign Affairs, Trade and Development
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Department of Foreign Affairs, Trade and Development Act.
CONTINUATION OF THE DEPARTMENT
Marginal note:Department continued
2. (1) The Department of Foreign Affairs and International Trade is continued under the name of the Department of Foreign Affairs, Trade and Development over which the Minister of Foreign Affairs, appointed by commission under the Great Seal, is to preside.
Marginal note: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.
ADDITIONAL MINISTERS
Marginal note:Minister for International Trade
3. A Minister for International Trade is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international trade.
Marginal note:Minister for International Development
4. A Minister for International Development is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international development, poverty reduction and humanitarian assistance.
Marginal note:Use of departmental services and facilities
5. A minister appointed under section 3 or 4 is to act with the concurrence of the Minister in carrying out his or her responsibilities and is to make use of the services and facilities of the Department.
COMMITTEES
Marginal note:Committees to advise and assist
6. The Governor in Council may establish advisory and other committees to advise or assist the Minister or to exercise and perform any powers, duties and functions that the Governor in Council specifies and may fix the remuneration and expenses to be paid to the members of the committees so established.
OFFICERS OF THE DEPARTMENT
Marginal note:Deputy head
7. 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.
Marginal note:Additional deputy heads
8. (1) The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom is to have the rank and status of a deputy head of a department and is, under the Deputy Minister of Foreign Affairs, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.
Marginal note:Deputy Ministers for International Trade and for International Development
(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 International Development.
Marginal note:Coordinator, International Economic Relations
9. The Governor in Council may designate or appoint a person in the federal public administration as the Coordinator, International Economic Relations who is to have the rank and status of a deputy head of a department and is, subject to the direction of the Governor in Council, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.
POWERS, DUTIES AND FUNCTIONS OF THE MINISTER
Marginal note:Powers, duties and functions of Minister
10. (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.
Marginal note:Powers, duties and functions of Minister
(2) In exercising and performing his or her powers, duties and functions under this Act, the Minister is to
(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) foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises;
(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 any other duties and functions that are by law assigned to him or her.
Marginal note: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 fostering of sustainable international development and of poverty reduction in developing countries and the provision of humanitarian assistance during crises.
FEES
Marginal note:Regulations
11. (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.
Marginal note:Cost recovery
(2) The fees are to be prescribed with a view to the recovery of the costs incurred by Her Majesty in right of Canada in providing consular services.
Marginal note: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.
AGREEMENTS WITH PROVINCES
Marginal note:Agreements
12. The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency of a province respecting the carrying out of programs related to the Minister’s powers, duties and functions.
DUTIES OF ADDITIONAL MINISTERS
Marginal note:Minister for International Trade
13. Subject to section 5, the Minister for International Trade is to promote the expansion of Canada’s international trade and commerce by
(a) assisting Canadian exporters in their international marketing initiatives and promoting Canadian export sales;
(b) improving the access of Canadian produce, products and services to external markets through trade negotiations;
(c) fostering trade relations with other countries; and
(d) contributing to the improvement of world trading conditions.
Marginal note:Minister for International Development
14. Subject to section 5, the Minister for International Development is to foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises by
(a) undertaking activities related to international development and humanitarian assistance;
(b) ensuring the effectiveness of Canada’s international development and humanitarian assistance activities;
(c) fostering relations with other countries and organizations engaged in international development or humanitarian assistance activities; and
(d) ensuring Canada’s contributions to international development and humanitarian assistance are in line with Canadian values and priorities.
HEADS OF MISSIONS
Definition of “head of mission”
15. (1) In this section, “head of mission” means
(a) an ambassador, high commissioner or consul-general of Canada; or
(b) any other person that is appointed to represent Canada in another country or a portion of another country or at an international organization or diplomatic conference and that is designated head of mission by the Governor in Council.
Marginal note:Duties of head of mission
(2) Except as otherwise instructed by the Governor in Council, a head of mission is to have the management and direction of their 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 they are appointed.
TRANSITIONAL PROVISIONS
Marginal note:Minister for International Cooperation and President of CIDA
16. Any person who holds the office of Minister for International Cooperation or of President of the Canadian International Development Agency on the day on which this section comes into force is deemed to hold the office of Minister for International Development or Deputy Minister for International Development, respectively, on and after that day.
Marginal note:Positions
17. Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Canadian International Development Agency except that the employee, on the coming into force of this section, occupies their position in the Department of Foreign Affairs, Trade and Development under the authority of the Deputy Minister of Foreign Affairs.
Marginal note:Transfer of appropriations
18. Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Canadian International Development Agency that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Foreign Affairs, Trade and Development.
Marginal note:Transfer of powers, duties and functions
19. If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister for International Cooperation or Minister of International Cooperation, the President of the Canadian International Development Agency or any other employee of that Agency, that power, duty or function is vested in or may be exercised or performed by the Minister for International Development, the Deputy Minister for International Development or the appropriate officer of the Department of Foreign Affairs, Trade and Development, as the case may be.
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