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

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Act current to 2020-07-28 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.

 
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