C-913853-54Elizabeth II2004-2005An Act to establish the Economic Development Agency of Canada for the Regions of QuebecEconomic Development Agency of Canada for the Regions of Quebec ActEconomic Development Agency of Canada for the Regions of Quebec20196
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E-1.326200590277Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Economic Development Agency of Canada for the Regions of Quebec Act.InterpretationDefinitionsThe following definitions apply in this Act.Agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. (Agence)enterprise includes a social economy enterprise. (entreprise)Minister means the Minister of the Economic Development Agency of Canada for the Regions of Quebec. (ministre)PurposePurposeThe purpose of this Act is to promote the development and diversification of the economy of the regions of Quebec.MinisterAppointmentThe Minister shall be appointed by commission under the Great Seal to hold office during pleasure.Powers, duties and functionsThe 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 other than the Agency, relating to the promotion of the development and diversification of the economy of the regions of Quebec.CoordinationIn exercising the powers and performing the duties and functions assigned by subsection (2), the Minister shallguide, promote and coordinate the policies and programs of the Government of Canada in relation to the development and diversification of the economy of the regions of Quebec; andlead and coordinate the activities of the Government of Canada in the establishment of cooperative relationships with Quebec and with business, labour and other public and private bodies in that province.CommitteesThe Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.RemunerationMembers of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.Travel, living and other expensesMembers of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, 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.Minister to presideThe Minister shall preside over the Agency.AgreementsIn exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements with the government of Quebec or any agency of that government, or with any other entity or person, including cooperation agreements and agreements related to distinct sectors of Quebec’s economy.Restriction — federal electionNo grant or contribution shall be announced from the date that a federal election has been called until the day after voting day.Powers, duties and functions of the MinisterThe Minister shall exercise his or her powers and perform his or her duties and functions in a manner that willpromote economic development in the regions of Quebec where low incomes and/or slow economic growth are prevalent or where opportunities for productive employment are inadequate;emphasize long-term economic development and sustainable employment and income creation; andfocus on small- and medium-sized enterprises and on the development of entrepreneurial talent.Shares and related instrumentsSubject to any regulations, the Minister may acquire, exercise, assign or sell a stock option, share warrant, share or other similar financial instrument obtained as a condition of a loan or contribution made, a guarantee given or loan insurance or credit insurance provided under subsection 11(1) or in the course of the collection or enforcement of a debtor’s obligation to the Agency.Economic Development Agency of Canada for the Regions of QuebecAgency establishedAn Agency of the Government of Canada to be known as the Economic Development Agency of Canada for the Regions of Quebec is established.PresidentThe Governor in Council shall appoint an officer to be the deputy of the Minister, who shall be called the President of the Agency and who shall hold office during pleasure.Chief executive officerThe President is the chief executive officer of the Agency and, under the direction of the Minister, has control and supervision over the work, officers and employees of the Agency.Acting PresidentIn the event of the absence or incapacity of the President or a vacancy in that office, the Minister shall appoint another person to act as the President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council.RemunerationThe President shall be paid the remuneration set by the Governor in Council.Object, Powers and DutiesObjectThe object of the Agency is to promote the long-term economic development of the regions of Quebec by giving special attention to those where slow economic growth is prevalent or where opportunities for productive employment are inadequate.Cooperation and complementarityIn carrying out its object, the Agency shall take such measures as will promote cooperation and complementarity with Quebec and communities in Quebec.PowersIn carrying out its object, the Agency mayin cooperation with other concerned ministers and boards and agencies of the Government of Canada, formulate and implement policies, plans and integrated federal approaches;plan and implement mechanisms to facilitate cooperation and concerted action with Quebec and communities in Quebec;plan, implement, direct and manage programs and projects, or offer services, intended to contribute directly or indirectlyto the establishment, development, support and promotion of enterprises, and more particularly small- and medium-sized enterprises, in Quebec,to the development of entrepreneurial talent in Quebec,to economic prosperity in Quebec, andto the development of communities in Quebec;plan, implement, direct and manage programs and projects, or offer services, to improve the economic environment in Quebec, including programs, projects and servicesof support to business associations, conferences, studies, consultations, trade shows, demonstration projects and market research,related to the development of economic opportunity data banks and networks,to improve business communication and cooperation, andto promote knowledge related to business and investment;collect, gather — by survey or other- wise —, compile, analyse, coordinate and disseminate information relating to the development and diversification of the economy of the regions of Quebec;assist investors to establish enterprises, and more particularly small- and medium-sized enterprises, in Quebec, consistent with federal investment requirements and in accordance with terms and conditions approved by the Treasury Board;make loans to any person with respect to the establishment and development of enterprises, and more particularly small- and medium-sized enterprises, in Quebec;guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person with respect to the establishment and development of enterprises referred to in paragraph (f);make grants and contributions in support of programs and projects undertaken by the Agency or the Minister;enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency, including cooperation agreements and agreements related to distinct sectors of Quebec’s economy; anddo any other thing necessary or incidental to the attainment of the object of the Agency.Other functionsThe Agency may also perform any other functions assigned to it by order of the Governor in Council.2005, c. 26, s. 11; 2015, c. 3, s. 77(E)DutiesThe Agency shall assist the Ministergenerally, in the exercise of powers and the performance of duties and functions under this Act and any other Act in respect of which powers, duties and functions are assigned to the Minister;in guiding, promoting and coordinating the policies and programs of the Government of Canada in relation to the development and diversification of the economy of the regions of Quebec;in leading and coordinating the activities of the Government of Canada in the establishment of cooperative relationships with Quebec and with business, labour and other public and private bodies in that province;by administering any agreements entered into under subsection 5(2);in the exercise of powers conferred on the Minister by section 7; andby compiling detailed information on all programs and projects undertaken, and services offered, by the Agency or the Minister for the purpose of measuring trends and progress in the development and diversification of the economy of the regions of Quebec.GeneralOfficers and employeesThe officers and employees that are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.Head officeThe head office of the Agency shall be in the Province of Quebec.Contracts binding on Her MajestyEvery contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.Legal proceedingsActions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.RegulationsRegulationsSubject to subsection (2), the Minister may make regulationsspecifying programs, projects and services in addition to those referred to in paragraph 11(1)(c) to improve the economic environment in Quebec;defining, for the purposes of this Act, community, small- and medium-sized enterprises, project and demonstration projects;specifying the class or classes of small- and medium-sized enterprises and of operations and activities eligible for support by the Agency under this Act; andgenerally for carrying out the purposes and provisions of this Act.RegulationsThe Minister may, with the approval of the Minister of Finance, make regulationsrelating to loans that may be made, guarantees that may be given and loan insurance and credit insurance that may be provided under this Act; andspecifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option obtained as a condition under which a contribution or loan was made, a guarantee given or loan insurance or credit insurance provided under this Act.Insurance a guaranteeFor greater certainty, loan insurance or credit insurance provided under this Act constitutes a guarantee for the purposes of the Financial Administration Act.Designated area or community regulationsIn order to exploit the opportunities for improvements in employment identified in a designated area or with respect to a designated community, regulations specially applicable to that area or community may be made under the authority of this section that vary from regulations of general application to Quebec.ReportsAnnual report of AgencyThe President shall, within six months after the end of each fiscal year, submit a report on the operations of the Agency in that year to the Minister.Annual report of MinisterThe Minister shall cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after October 31 next following the end of each fiscal year, a report, including a copy of the annual report submitted to the Minister under subsection (1), on the administration of this Act for that fiscal year.Comprehensive reportThe President shall, on or before December 31, 2006 and every five years after that date, submit to the Minister a comprehensive report, in addition to the annual report of the Agency, providing an evaluation of all activities in which the Agency was involved.Tabling of comprehensive reportThe Minister shall cause a copy of the comprehensive report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.Transitional ProvisionsDefinitionsThe following definitions apply in this section.former agency means the portion of the federal public administration known as the Economic Development Agency of Canada for the Regions of Quebec. (ancienne agence)new agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. (nouvelle agence)PresidentThe person occupying the position of Deputy Minister of the former agency on the day on which this section comes into force becomes the President of the new agency on that day and is deemed to have been appointed under subsection 9(1).PositionsNothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy their position in the new agency.Definition of employeeIn subsection (3), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.Transfer of appropriationsAny amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration for the new agency.Transfer of powers, duties and functionsWherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Deputy Minister of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency, unless the Governor in Council by order designates a Deputy Minister or officer of the federal public administration to exercise that power, duty or function.ReferencesA reference to the former agency in any of the following is deemed to be a reference to the new agency:Schedule I to the Access to Information Act, under the heading “Other Government Institutions”;Schedule I.1 to the Financial Administration Act;the schedule to the Privacy Act, under the heading “Other Government Institutions”;Part I of Schedule I to the Public Service Staff Relations Act; andany order of the Governor in Council made pursuant to the definition department in subsection 2(1) of the Public Service Employment Act.Deputy headThe designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the President of the new agency as deputy head of that agency.2005, c. 26, ss. 18, 27(E)Consequential AmendmentsAuditor General Act[Amendments]Department of Industry Act[Amendment][Amendment][Amendment][Amendments]Financial Administration Act[Amendment]Public Service Superannuation Act[Amendment]Salaries Act[Amendment]Coordinating Amendments[Amendments]Coming into ForceOrder in councilThe provisions of this Act, other than section 27, come into force on a day or days to be fixed by order of the Governor in Council.[Note: Section 27 in force on assent June 23, 2005; Act, other than section 27, in force October 5, 2005, see SI/2005-101.]