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Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)

Assented to 2013-06-26

PART 3VARIOUS MEASURES

Division 13Ridley Terminals Inc.

Reorganization and Divestiture

Marginal note:Non-application of Statutory Instruments Act

 The Statutory Instruments Act does not apply to a directive.

Marginal note:Tabling in Parliament
  •  (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.

  • Marginal note:Exception — detrimental information

    (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.

  • Marginal note:Consultation

    (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.

Marginal note:No liability

 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.

Marginal note:Application of money from disposition

 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.

Marginal note:Financial Administration Act

 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.

1998, c. 10Consequential Amendment to the Canada Marine Act

 Section 143 of the Canada Marine Act is repealed.

Coming into Force

Marginal note:Order in council

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

Division 14Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage

R.S., c. N-4National Capital Act

Marginal note:R.S., c. 45 (4th Supp.), s. 3(1)
  •  (1) Subsection 10(1) of the National Capital Act is replaced by the following:

    Marginal note:Objects and purposes of Commission
    • 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.

  • Marginal note:R.S., c. 45 (4th Supp.), s. 3(2)

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

1995, c. 11Department of Canadian Heritage Act

 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

Marginal note:2005, c. 2, s. 2

 Section 5 of the Act is replaced by the following:

Marginal note:General duties

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

Marginal note:Definitions

 The following definitions apply in sections 217 to 220.

“activity and event mandate”

« mandat en matière d’activités et de manifestations »

“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”

« Commission »

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

Marginal note:Appointment of employees

 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.

Marginal note:Credits transferred

 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.

Marginal note:Assets, obligations and authorizations

 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.

Marginal note:Continuation of legal proceedings

 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.

2011, c. 13Consequential Amendments to the National Holocaust Monument Act

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

“Minister”

« ministre »

“Minister” means the Minister of Canadian Heritage.

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

Marginal note:Construction of Monument
  • 7. (1) The Minister shall be responsible for the construction of the Monument.

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

  • Marginal note:Contribution of funds

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

Coming into Force

Marginal note:End of third month after royal assent

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

 

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