Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Short Title

Marginal note:Short title

1 This Act may be cited as the International Financial Assistance Act.

Interpretation

Marginal note:Definition of competent minister

2 In this Act, competent minister means the Minister of Foreign Affairs, or the Minister for International Development for the purposes of the role described in section 4 of the Department of Foreign Affairs, Trade and Development Act.

International Financial Assistance

Marginal note:International assistance — sovereign loans

• 3 (1) Subject to the regulations, for the purpose of supporting a federal sovereign loans program, the competent minister may

  • (a) make loans to a foreign state or to any person or entity;

  • (b) acquire and hold security or a security interest, including, in Quebec, a right in a security, of any kind and in any form, for the due discharge of obligations with respect to loans under paragraph (a);

  • (c) surrender the security, security interest or right in the security and acquire and hold, in exchange, a security or security interest, including, in Quebec, a right in a security, of any kind and in any form;

  • (d) realize the security, security interest or right in the security made, acquired and held for the due discharge of obligations with respect to loans made under paragraph (a);

  • (e) exchange, assign, sell or otherwise dispose of the security, security interest or right in the security, of any kind and in any form, for the due discharge of obligations with respect to loans under paragraph (a); and

  • (f) acquire, hold, assign, exchange, sell or otherwise dispose of shares within the meaning of paragraph 90(5)(e) of the Financial Administration Act.

• Marginal note:Guarantee of sovereign loan

  (2) Unless a loan referred to in paragraph (1)(a) is made to the government of a foreign state, it must be guaranteed by the government of a foreign state benefiting from the loan in favour of Her Majesty in right of Canada.

Marginal note:Innovative financing

4 Subject to the regulations, for the purpose of supporting a federal program that promotes international assistance through the use of innovative financing, the competent minister may, directly or indirectly,

• (a) guarantee, in whole or in part, any obligation undertaken by a person or entity;

• (b) acquire and hold security or a security interest, including, in Quebec, a right in a security, of any kind and in any form, for the due discharge of obligations guaranteed under paragraph (a);

• (c) surrender the security, security interest or right in the security and acquire and hold, in exchange, a security or security interest, including, in Quebec, a right in a security, of any kind and in any form;

• (d) realize the security, security interest or right in the security made, acquired and held with respect to obligations guaranteed under paragraph (a);

• (e) exchange, assign, sell or otherwise dispose of the security, security interest or right in the security, of any kind and in any form, for the due discharge of obligations guaranteed under paragraph (a); and

• (f) acquire, hold, assign, exchange, sell or otherwise dispose of shares within the meaning of paragraph 90(5)(e) of the Financial Administration Act.

Marginal note:Program for climate change

5 Subject to the regulations, for the purpose of supporting a federal international assistance program that promotes the mitigation of or adaptation to climate change through repayable contributions, the competent minister may, directly or indirectly, acquire, hold, assign, exchange, sell or otherwise dispose of shares within the meaning of paragraph 90(5)(e) of the Financial Administration Act.

Marginal note:Fees and interest

• 6 (1) The competent minister may charge fees and interest as determined under the regulations for the purposes of sections 3 and 4.

• Marginal note:Service Fees Act

  (2) For greater certainty, the Service Fees Act does not apply to any fees or interest referred to in subsection (1).

Marginal note:Provisions no longer applicable

• 7 (1) The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply with respect to the exercising and carrying out of the powers, duties and functions conferred to the competent minister under paragraphs 3(1)(b) to (f) and 4(b) to (f) and section 5.

• Marginal note:Provision no longer applicable

  (2) For the purposes of section 90 of the Financial Administration Act, shares of a corporation that on acquisition would be held by, on behalf of or in trust for Her Majesty in right of Canada, may be acquired for the purposes of sections 3 to 5.

Regulations

Marginal note:Regulations

• 8 (1) The Governor in Council may, on the recommendation of the Minister of Foreign Affairs and the Minister for International Development and with the concurrence of the Minister of Finance, make regulations for the purposes of sections 3 to 6, including regulations

  • (a) prescribing eligibility criteria for recipients;

  • (b) establishing the maximum loan term, the terms and conditions of repayment and the manner in which applicable rates of interest are set;

  • (c) prescribing the type of security referred to in paragraphs 3(1)(b) to (e) and 4(b) to (e);

  • (d) prescribing the circumstances and the manner in which shares may be acquired, held, assigned, exchanged, sold or otherwise disposed of;

  • (e) prescribing the maximum amount of outstanding guarantees;

  • (f) prescribing the applicable fees or the manner in which fees are set, circumstances in which they are required and the manner in which fees are paid; and

  • (g) providing that certain transactions or classes of transactions require consultation with or the approval of the Minister of Finance.

• Marginal note:Classes

  (2) The regulations may establish classes of securities or guarantees and distinguish among those classes.

Short Title

Marginal note:Short title

1 This Act may be cited as the Department for Women and Gender Equality Act.

Establishment of Department

Marginal note:Department established

• 2 (1) There is established a department of the Government of Canada called the Department for Women and Gender Equality over which the Minister for Women and Gender Equality, appointed by commission under the Great Seal, presides.

• Marginal note:Minister

  (2) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy head

3 The Governor in Council may appoint an officer called the Deputy Minister for Women and Gender Equality to hold office during pleasure and to be the deputy head of the Department.

Powers, Duties and Functions of Minister

Marginal note:Powers, duties and functions

• 4 (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 women and gender equality.

• Marginal note:Particulars

  (2) Without restricting the generality of subsection (1), the Minister’s powers, duties and functions include

  • (a) the advancement of equality, including social, economic and political equality, with respect to sex, sexual orientation, and gender identity or expression; and

  • (b) the promotion of a greater understanding of the intersection of sex and gender with other identity factors that include race, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic condition, place of residence and disability.

• Marginal note:General duties and powers

  (3) In exercising the powers and performing the duties and functions under this Act, the Minister

  • (a) is to initiate, recommend, coordinate, implement and promote policies and programs;

  • (b) is to undertake or promote research related to those policies and programs; and

  • (c) may, in accordance with terms and conditions approved by the Treasury Board, make grants and contributions in support of programs undertaken by the Minister.

Marginal note:Agreements

5 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 for the purpose of coordinating policies relating to women and gender equality.

Committees

Marginal note:Committees

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

• Marginal note:Remuneration

  (2) The Governor in Council may fix the remuneration to be paid to the members of those committees in connection with their work.

• Marginal note:Travel, living and other expenses

  (3) Members of those committees are entitled to be reimbursed, in accordance with Treasury Board directives, for the 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.

Transitional Provisions

Marginal note:Minister and Deputy Minister

• 7 (1) Any person who holds, immediately before the day on which this Act comes into force, the office of the Minister of Status of Women or the Co-ordinator, Status of Women is deemed to have been appointed under this Act as the Minister for Women and Gender Equality or Deputy Minister for Women and Gender Equality, respectively, on that day.

• Marginal note:Persons who occupy a position

  (2) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this Act comes into force, occupies a position within the Office of the Co-ordinator, Status of Women, except that the person, as of that coming into force, occupies their position in the Department for Women and Gender Equality.

• Marginal note:Managerial or confidential position

  (3) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

Marginal note:References

8 Every reference to the Minister of the Queen’s Privy Council for Canada designated to co-ordinate policy with respect to the status of women and administer related programs or to the Minister of Status of Women in any contract, instrument or act or other document is to be read as a reference to the Minister for Women and Gender Equality, unless the context otherwise requires.

Marginal note:Transfer of appropriation

9 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the Office of the Co-ordinator, Status of Women and that is unexpended on that day is deemed to be an amount appropriated to defray the expenditures of the Department for Women and Gender Equality.