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Department of Industry Act (S.C. 1995, c. 1)

Act current to 2022-09-11 and last amended on 2019-06-17. Previous Versions

Department of Industry Act

S.C. 1995, c. 1

Assented to 1995-03-16

An Act to establish the Department of Industry and to amend and repeal certain other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Department of Industry Act.

Establishment of Department

Marginal note:Department established

  •  (1) There is hereby established a department of the Government of Canada called the Department of Industry over which the Minister of Industry, appointed by commission under the Great Seal, shall preside.

  • Marginal note:Minister

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

  • Marginal note:Registrar General

    (3) The Minister is the Registrar General of Canada.

Marginal note:Deputy Minister

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

PART IPowers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions

  •  (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

    • (a) industry and technology in Canada;

    • (b) trade and commerce in Canada;

    • (c) science in Canada;

    • (d) consumer affairs;

    • (e) corporations and corporate securities;

    • (f) competition and restraint of trade, including mergers and monopolies;

    • (g) bankruptcy and insolvency;

    • (h) patents, copyrights, trademarks, industrial designs and integrated circuit topographies;

    • (i) standards of identity, packaging and performance in relation to consumer products and services, except in relation to the safety of consumer goods;

    • (j) legal metrology;

    • (k) telecommunications, except in relation to

      • (i) the planning and coordination of telecommunication services for departments, boards and agencies of the Government of Canada, and

      • (ii) broadcasting, other than in relation to spectrum management and the technical aspects of broadcasting;

    • (l) the development and utilization generally of communication undertakings, facilities, systems and services for Canada;

    • (m) investment;

    • (n) small businesses; and

    • (o) tourism.

  • Marginal note:Additional powers, duties and functions

    (2) The powers, duties and functions of the Minister also 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 regional economic development in Ontario.

Marginal note:Objectives

 The Minister shall exercise the powers and perform the duties and functions assigned by subsection 4(1) in a manner that will

  • (a) strengthen the national economy and promote sustainable development;

  • (b) promote the mobility of goods, services and factors of production and of trade and commerce in Canada;

  • (c) increase the international competitiveness of Canadian industry, goods and services and assist in the adjustment to changing domestic and international conditions;

  • (d) encourage the fullest and most efficient and effective development and use of science and technology;

  • (e) foster and promote science and technology in Canada;

  • (f) strengthen the framework for the development and efficiency of the Canadian marketplace;

  • (g) promote the establishment, development and efficiency of Canadian communications systems and facilities and assist in the adjustment to changing domestic and international conditions;

  • (h) stimulate investment; and

  • (i) promote the interests and protection of Canadian consumers.

Marginal note:Functions

 In exercising the powers and performing the duties and functions assigned by subsection 4(1), the Minister shall

  • (a) initiate, recommend, coordinate, direct, promote and implement national policies, programs, projects and practices with respect to the objectives set out in section 5;

  • (b) collect, gather, by survey or otherwise, compile, analyse, coordinate and disseminate information in respect of matters under the Minister’s administration, as well as in relation to trends and developments, both within and outside Canada, in respect of those matters;

  • (c) promote, assist and provide support services for, and investment in, Canadian industry, goods, services, science and technology;

  • (d) promote cooperation with the governments of provinces and their agencies and non-governmental entities in Canada and participate, as appropriate, in the promotion of cooperation with agencies of other nations and international agencies; and

  • (e) take any action that may be necessary to secure, by international regulation or otherwise, the rights of Canada in communications matters.

Marginal note:Inspection services

 The Minister shall provide the inspection services for the protection of Canadians that the Minister considers necessary for the enforcement of any Act under the Minister’s administration, or as the Governor in Council may direct the Minister to provide, and may designate any person as an inspector for the purpose of providing those services.

PART IIRegional Economic Development in Ontario

Marginal note:Objectives in relation to regional development in Ontario

 The Minister shall exercise the powers and perform the duties and functions assigned by subsection 4(2) in a manner that will

  • (a) promote economic development in areas of Ontario where low incomes and slow economic growth are prevalent or where opportunities for productive employment are inadequate;

  • (b) emphasize long-term economic development and sustainable employment and income creation; and

  • (c) focus on small and medium-sized enterprises and the development and enhancement of entrepreneurial talent.

  • 1995, c. 1, s. 8
  • 2005, c. 26, s. 22

Marginal note:Duties in relation to regional development in Ontario

  •  (1) In exercising the powers and performing the duties and functions assigned by subsection 4(2), the Minister shall, with respect to regional economic development in Ontario,

    • (a) in cooperation with other concerned ministers and boards and agencies of the Government of Canada, formulate and implement policies, plans and integrated federal approaches;

    • (b) coordinate the policies and programs of the Government of Canada;

    • (c) lead and coordinate the activities of the Government of Canada in the establishment of cooperative relationships with Ontario and with business, labour and other public and private bodies; and

    • (d) collect, gather, by survey or otherwise, compile, analyse, coordinate and disseminate information.

  • Marginal note:Coordination

    (2) In exercising the powers and performing the same duties and functions, the Minister may

    • (a) provide and, where appropriate, coordinate services promoting regional economic development in Ontario including services to develop entrepreneurial talent, support local business associations, stimulate investment and support small- and medium-sized enterprises in that province or any part of that province; and

    • (b) initiate, recommend, coordinate, direct, promote and implement programs and projects in relation to regional economic development in Ontario.

  • 1995, c. 1, s. 9
  • 2005, c. 26, s. 23

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) relating to policies, programs and projects referred to in section 9; and

  • (b) generally for carrying out the purposes and provisions of sections 8 and 9.

PART IIIPowers, Duties and Functions of the Registrar General of Canada

Marginal note:Obligation to register

  •  (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.

  • Marginal note:Deputy Registrars General

    (2) The Registrar General may appoint one or more Deputy Registrars General from among the officials of the Department and delegate to them such duties and functions as the Registrar General deems appropriate.

  • Marginal note:Powers

    (3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records.

  • 1995, c. 1, s. 11
  • 1999, c. 31, s. 72
  • 2004, c. 25, s. 131

Marginal note:Special statutory references

 If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration.

  • 1995, c. 1, s. 12
  • 2001, c. 4, s. 73
  • 2004, c. 25, s. 132

PART IVGeneral

Marginal note:Special assistance

  •  (1) Where the Governor in Council is of the opinion that it is in the national interest to do so, the Minister may, in exercising the powers and performing the duties and functions assigned by subsection 4(1), develop and implement programs and projects of special assistance to industries, particular industrial or commercial establishments, organizations, persons who are members of a particular category of persons defined by order of the Governor in Council or particular persons to aid economic development, whether through the restructuring, adjusting, rationalizing, establishing or re-establishing, modernizing, expanding or contracting of an industry or particular industrial or commercial establishment or organization in Canada, or otherwise.

  • Marginal note:Contents of order

    (2) Where the Governor in Council makes an order pursuant to subsection (1), the Governor in Council shall also specify or authorize, as the case may be, the actions described in subsection 14(1).

Marginal note:Financial assistance

  •  (1) To facilitate the implementation of any program or project of the Minister under this Act, the Minister may

    • (a) make loans to any person;

    • (b) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person; and

    • (c) make grants and contributions to any person.

  • Marginal note:Stock options

    (2) Subject to any regulations made under subsection (3), the Minister may acquire, exercise, assign or sell a stock option or other financial or similar instrument obtained as a condition under which a loan or contribution was made, guarantee given or loan insurance or credit insurance provided under subsection (1).

  • Marginal note:Regulations

    (3) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

    • (a) relating to loans that may be made, guarantees that may be given and loan insurance and credit insurance that may be provided under this section; and

    • (b) specifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option, or another financial or similar instrument, obtained as a condition under which a loan or contribution was made, guarantee given or loan insurance or credit insurance provided under this section.

  • Marginal note:Insurance a guarantee

    (4) For greater certainty, loan insurance or credit insurance provided under subsection (1) constitutes a guarantee for the purposes of the Financial Administration Act.

Marginal note:Committees

 The Minister may, with the approval of the Governor in Council, establish advisory and other committees to advise or assist the Minister or to exercise such powers and perform such duties and functions as the Governor in Council may specify, and may fix the remuneration and expenses to be paid to the members of the committees so established.

Marginal note:Access to certain information

  •  (1) The Minister of Public Safety and Emergency Preparedness shall, notwithstanding any other Act, on request of the Minister, make available to the Minister copies of invoices and other information collected under the Customs Act on goods imported into Canada and exported from Canada for the purpose of carrying out duties and functions of the Minister under paragraph 6(b).

  • Marginal note:Confidentiality

    (2) No person employed in the federal public administration who comes into possession of information made available to the Minister under this section shall disclose any such information relating to a particular person, organization or business unless the disclosure is consented to in writing by the person or organization or the owner of the business.

  • Marginal note:Exception

    (3) Notwithstanding subsection (2), in carrying out duties and functions under paragraph 6(b), the Minister may publish lists of names and addresses of some or all importers or exporters of a product or group of products with trade values aggregated in such a manner as to protect the confidentiality of data concerning individual importers or exporters.

  • 1995, c. 1, s. 16
  • 2003, c. 22, s. 224(E)
  • 2005, c. 38, ss. 142, 145

Marginal note:Further duties

  •  (1) The Minister, in exercising powers and performing duties and functions under this Act,

    • (a) shall, where appropriate, make use of the services, facilities, information and expertise of other departments, boards or agencies of the Government of Canada; and

    • (b) may consult with, and organize conferences of, representatives of provincial governments, business and labour and other public and private entities.

  • Marginal note:Other powers

    (2) In exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements with the government of any province or any agency thereof, or with any other entity or person, and may make disbursements up to an amount equal to the aggregate of the amounts to be contributed by all parties to the agreement, even before those amounts have been contributed.

Marginal note:Fees for services or use of facilities

  •  (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

  • Marginal note:Amount not to exceed cost

    (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

 
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