Invest in Canada Act (S.C. 2017, c. 20, s. 442)

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Act current to 2019-06-20 and last amended on 2018-03-12. Previous Versions

Invest in Canada Act

S.C. 2017, c. 20, s. 442

Assented to 2017-06-22

An Act to establish the Invest in Canada Hub

[Enacted by section 442 of chapter 20 of the Statutes of Canada, 2017, in force March 12, 2018, see SI/2018-15.]

Short Title

Marginal note:Short title

 This Act may be cited as the Invest in Canada Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Invest in Canada Hub

Invest in Canada Hub means the corporation established under subsection 4(1). (Investir au Canada)

Minister

Minister means the member of the Queen’s Privy Council for Canada designated under section 3. (ministre)

Designation

Marginal note:Designation of Minister

 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act.

Invest in Canada Hub Established

Marginal note:Invest in Canada Hub

  •  (1) A corporation is established to be called the Invest in Canada Hub.

  • Marginal note:Agent of Her Majesty

    (2) The Invest in Canada Hub is for all purposes an agent of Her Majesty in right of Canada.

  • Marginal note:Head office

    (3) The head office of the Invest in Canada Hub is to be at a place in Canada that is designated by the Minister.

Mandate

Marginal note:Mandate

 The Invest in Canada Hub’s mandate, for the purpose of supporting economic prosperity and stimulating innovation in Canada, is to

  • (a) promote foreign direct investment in Canada and attract and facilitate that investment; and

  • (b) coordinate the efforts of the government, the private sector and other stakeholders with respect to foreign direct investment in Canada.

Functions and Powers

Marginal note:Functions

 In carrying out its mandate, the Invest in Canada Hub is to

  • (a) develop and implement a national strategy to attract foreign direct investment to Canada;

  • (b) create and maintain partnerships with any department, board or agency of any government in Canada, the private sector in Canada or any other Canadian stakeholder with an interest in foreign direct investment in order to optimize the benefits of any programs, resources and services that are offered with respect to foreign direct investment;

  • (c) plan, direct, manage and implement activities, events, conferences and programs to promote Canada as an investment destination;

  • (d) collect, prepare and disseminate information to support the decisions of foreign investors with respect to foreign direct investment in Canada; and

  • (e) provide services in a coordinated manner to foreign investors with respect to their actual or potential investments in Canada.

Marginal note:Powers of Invest in Canada Hub

  •  (1) When carrying out its mandate, the Invest in Canada Hub may

    • (a) enter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;

    • (b) enter into contracts, agreements, memoranda of understanding or other arrangements with Her Majesty in right of Canada as if it were not an agent of Her Majesty;

    • (c) acquire, hold, administer, dispose of or lease personal property or movables; or

    • (d) do anything else that it considers necessary or incidental to achieving its mandate, exercising its powers or performing its duties and functions.

  • Marginal note:Title to property

    (2) Title to property acquired by the Invest in Canada Hub may be held in the name of Her Majesty or in the name of the Invest in Canada Hub.

Marginal note:General authority

  •  (1) The Invest in Canada Hub has authority over all matters relating to

    • (a) its policies with respect to contracts, communications, travel, hospitality, conferences and events and any of its other general administrative policies;

    • (b) its organization;

    • (c) human resources management, including the determination of the terms and conditions of employment of persons whom it employs; and

    • (d) its internal auditing.

  • Marginal note:Non-application of regulations and requirements

    (2) Despite the Financial Administration Act, the Invest in Canada Hub is not subject to any regulation or requirement established by the Treasury Board under that Act that relates to any matter referred to in subsection (1), except

    • (a) to the extent that the regulation or requirement under that Act relates to financial management; or

    • (b) with respect to any regulation or requirement as it relates to any matter referred to in paragraphs (1)(a), (b) and (d), to the extent provided by the Governor in Council, by order, on the recommendation of the President of the Treasury Board.

Marginal note:Procurement of goods and services

  •  (1) Despite section 9 of the Department of Public Works and Government Services Act, the Invest in Canada Hub may procure goods and services from outside the federal public administration.

  • Marginal note:Legal services

    (2) However, the Invest in Canada Hub may only procure legal services from outside the federal public administration with the approval of the Attorney General of Canada.

Marginal note:Legal proceedings

 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Invest in Canada Hub, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Invest in Canada Hub in its name.

Minister

Marginal note:Responsibility of Minister

  •  (1) The Minister is responsible for the Invest in Canada Hub.

  • Marginal note:Ministerial direction

    (2) The Invest in Canada Hub must comply with any general or special direction given by the Minister in carrying out its mandate.

  • Marginal note:Minister’s power of inquiry

    (3) The Minister may inquire into any of the Invest in Canada Hub’s activities and require it to provide him or her with any information under its control.

  • Marginal note:Reports

    (4) The Minister may require the Invest in Canada Hub to provide him or her with a report on its activities and operations.

Board of Directors

Marginal note:Establishment and composition

  •  (1) The Invest in Canada Hub is to have a board of directors consisting of not more than 11 directors, including a Chairperson and a Vice-Chairperson.

  • Marginal note:Ex officio director — Deputy Minister

    (2) The Deputy Minister of the department for which the Minister is responsible is ex officio a director of the board of directors.

  • Marginal note:Appointment

    (3) The Chairperson, Vice-Chairperson and the other directors, except the Deputy Minister, are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding three years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.

  • Marginal note:Reappointment

    (4) A director appointed under subsection (3) is eligible for reappointment in the same or another capacity.

  • Marginal note:Remuneration and expenses

    (5) A director appointed under subsection (3) is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of their duties under this Act.

Marginal note:Role of board of directors

  •  (1) The board of directors is responsible for supervising and managing the Invest in Canada Hub’s business and affairs and for advising the Minister and the Chief Executive Officer on matters relating to the Invest in Canada Hub’s mandate.

  • Marginal note:By-laws

    (2) The board of directors may make by-laws respecting the conduct of its proceedings and the general conduct of its activities.

  • Marginal note:Quorum

    (3) A majority of the directors holding office or five directors, whichever is greater, constitutes a quorum of the board of directors.

Chairperson and Vice-Chairperson

Marginal note:Role of Chairperson

  •  (1) The Chairperson presides over meetings of the board of directors and performs any other duties that are assigned to them by the Minister.

  • Marginal note:Acting Chairperson

    (2) In the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-Chairperson acts as Chairperson.

Chief Executive Officer

Marginal note:Appointment

  •  (1) The Chief Executive Officer of the Invest in Canada Hub is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.

  • Marginal note:Reappointment

    (2) The Chief Executive Officer is eligible for reappointment.

  • Marginal note:Remuneration and expenses

    (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.

Marginal note:Role of Chief Executive Officer

  •  (1) The Chief Executive Officer is responsible for the Invest in Canada Hub’s day-to-day operations.

  • Marginal note:Rank of deputy head

    (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.

  • Marginal note:Annual business plan and report

    (3) The Chief Executive Officer must submit to the board of directors, for its approval, an annual business plan and an annual report on the Invest in Canada Hub’s operations and performance during the preceding fiscal year.

  • Marginal note:Acting Chief Executive Officer

    (4) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may appoint any person to act as Chief Executive Officer, but that person may only act as Chief Executive Officer for a period exceeding 90 days with the approval of the Governor in Council.

Human Resources

Marginal note:Human resources management

 The Invest in Canada Hub may, in the exercise of its responsibilities in relation to human resources management,

  • (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;

  • (b) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;

  • (c) provide for the classification of the Invest in Canada Hub positions and employees;

  • (d) after consulting with the President of the Treasury Board, determine and regulate the pay to which persons employed by the Invest in Canada Hub are entitled for services rendered, the hours of work and leave of those persons and any related matters;

  • (e) provide for the awards that may be made to persons employed by the Invest in Canada Hub for outstanding performance of their duties and for other meritorious achievement in relation to those duties;

  • (f) establish standards of discipline for its employees and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied or may be varied or rescinded in whole or in part;

  • (g) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed by the Invest in Canada Hub and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part; and

  • (h) provide for any other matters that the Invest in Canada Hub considers necessary for effective personnel management, including terms and conditions of employment not otherwise specifically provided for in this section.

Marginal note:Power to appoint

 The Invest in Canada Hub has the exclusive authority to appoint any employees, including senior vice-presidents and account executives, that it considers necessary for carrying out its mandate.

Marginal note:Group insurance and benefit programs

  •  (1) The Invest in Canada Hub may establish or enter into a contract to acquire group insurance or benefit programs for its employees and may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums, and may audit and make contributions and pay premiums in respect of those programs.

  • Marginal note:Non-application of Financial Administration Act

    (2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Invest in Canada Hub or the members in respect of any program established under subsection (1) or any benefits received by the members of such a program.

Marginal note:Staffing program

  •  (1) The Invest in Canada Hub must develop a program governing staffing, including the appointment of, and recourse for, employees.

  • Marginal note:Collective agreements

    (2) Matters governed by the staffing program are not to be covered by a collective agreement.

Marginal note:Negotiation of collective agreements

 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of the Invest in Canada Hub’s employees, the Invest in Canada Hub must have its negotiating mandate approved by the President of the Treasury Board.

Marginal note:Pension — Chief Executive Officer

  •  (1) Unless the Governor in Council otherwise orders, the Chief Executive Officer is deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Pension — other employees

    (2) Senior vice-presidents and account executives are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

Marginal note:Compensation

 A director appointed under subsection 12(3) and the Chief Executive Officer are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

RELATED PROVISIONS

  • — 2017, c. 20, s. 443

    • Words and expressions
      • 443 (1) The words and expressions used in this section have the same meaning as in the Invest in Canada Act, as enacted by section 442.

      • Powers, duties and functions of Chief Executive Officer

        (2) Any power, duty or function of the Invest in Canada Hub under the Invest in Canada Act is vested in or may be performed or exercised by the Chief Executive Officer of the Invest in Canada Hub until the first meeting of the board of directors.

      • Transfer of money

        (3) Any money that is appropriated by an Act of Parliament, for the fiscal year in which section 442 comes into force, to defray any expenditure of the Department of Foreign Affairs, Trade and Development related to the Invest in Canada Hub and that, on the day on which that section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Invest in Canada Hub.

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