C-31 1 37 49-50 Elizabeth II 2001

An Act to amend the Export Development Act and to make consequential amendments to other Acts

Export Development Act,

An Act to amend the

Export Development 2001 12 18 33 2001 90160

SUMMARY

This enactment amends the Export Development Act by

(

a) changing the name of the Corporation to Export Development Canada and making consequential amendments to other Acts and to regulations;

(

b) enabling the Board to delegate its powers and duties to committees that it may establish, other than the executive committee;

(

c) requiring the Corporation, before entering into a transaction that is related to a project, to determine, in accordance with a directive established by the Board, whether the project is likely to have adverse environmental effects and, if such is the case, whether the Corporation is justified in entering into the transaction;

(

d) requiring the Auditor General to audit the design and implementation of the directive established by the Board, at least once every five years;

(

e) providing that the Canadian Environmental Assessment Act cannot be made to apply to certain activities of the Corporation;

(

f) providing that an environmental assessment is not required under the Canadian Environmental Assessment Act where the Minister for International Trade, the Minister of Finance or the Governor in Council exercise certain powers with respect to the Corporation; and

(

g) enabling the Board to make by-laws respecting the establishment of a pension plan for the officers and employees of the Corporation and their dependants.

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

R.S., c. E-20

EXPORT DEVELOPMENT ACT

1993, c. 26, s. 1

The

long title of the Export Development Act is replaced by the following:

An Act to establish Export Development Canada and to support and develop trade between Canada and other countries and Canada’s competitiveness in the international market-place

Section 1 of the French version of the Act is replaced by the following:

Titre abrégé

Loi sur le développement des exportations .

(1) The

definitions Chairman and Vice-Chairman in

section 2 of the English version of the Act are repealed.

(2) The definition Corporation in

section 2 of the Act is replaced by the following:

Corporation

Société

Corporation means Export Development Canada, the corporation established by

section 3;

(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

Chairperson

Version anglaise seulement

Chairperson means the Chairperson of the Board;

Vice-chairperson

Version anglaise seulement

Vice-chairperson means the Vice-chairperson of the Board.

Section 3 of the Act is replaced by the following:

Corporation established

A corporation is hereby established, to be known as Export Development Canada, consisting of a Board of Directors composed of fifteen directors, including a Chairperson and a President.

The heading before

section 7 of the Act is replaced by the following:

COMMITTEES OF THE BOARD

The Act is amended by adding the following after

section 7:

Other committees

7.1

The Board may establish any other committee and that committee may exercise any powers and perform any duties of the Board delegated to it by the Board.

Subsection 8(2) of the Act is replaced by the following:

Management of Corporation vested in President

(2) The President is the chief executive officer of the Corporation and has on behalf of the Board the direction and management of the business of the Corporation, with authority to act in the conduct of the business of the Corporation in all matters that are not by this Act or the by-laws of the Corporation specifically reserved to the Board or any committee of the Board.

1993, c. 26, s. 4(2)

Subsection 10(3) of the Act is replaced by the following:

Limit of liability

(3) Subject to subsections (3.1) and (4), the contingent liability of the Corporation in respect of the principal amount owing under all outstanding arrangements entered into under paragraph (1.1)(

b) shall at no time exceed the greater of

(

a) an amount equal to ten times the authorized capital of the Corporation, and

(

b) seventeen billion, five hundred million dollars.

Appropriation Act

(3.1) The amount referred to in paragraph (3)(

b) may be varied in an appropriation Act.

The Act is amended by adding the following after

section 10:

ENVIRONMENTAL EFFECTS

Requirement

10.1

(1) Before entering, in the exercise of its powers under subsection 10(1.1), into a transaction that is related to a project, the Corporation must determine, in accordance with the directive referred to in subsection (2),

(

a) whether the project is likely to have adverse environmental effects despite the implementation of mitigation measures; and

(

b) if such is the case, whether the Corporation is justified in entering into the transaction.

Directive

(2) The Board shall issue a directive respecting the determination referred to in subsection (1), which directive may

(

a) define the words and expressions that the Board considers necessary for the application of that subsection, including the words and expressions “transaction”, “project”, “adverse environmental effects” and “mitigation measures”;

(

b) establish the criteria that the Corporation must apply in making the determination; and

(

c) establish exceptions specifically or by any class, as defined by the Board, to the Corporation’s obligation to make the determination.

Statutory Instruments Act

(3) The directive is not a statutory instrument for the purposes of the Statutory Instruments Act .

(1) Paragraph 16(

a) of the Act is replaced by the following:

(

a) for the regulation of its proceedings, including the delegation of any of its powers and duties to any committee of the Board and the fixing of quorums for meetings of the Board and any committee of the Board;

(2) Paragraph 16(

d) of the Act is replaced by the following:

(

d) delegating, subject to any terms and conditions specified in the by-laws and despite any delegation of such authority to any committee of the Board, to any one or more officers of the Corporation, jointly or severally, any authority to authorize the Corporation to exercise a power under this Act that is given specifically to the Board by any provision of this Act;

( d.1 )

respecting

(

i) the establishment, management and administration of a pension plan for the officers and employees of the Corporation and their dependants,

(ii)

the contributions to be made by the Corporation to the associated pension fund,

(iii)

the provision of benefits under the pension plan,

(iv)

the payment of pensions, and

(

v) the investment of the assets of the fund; and

Section 21 of the Act is renumbered as subsection 21(1) and is amended by adding the following:

Report re directive

(2) As auditor of the Corporation, the Auditor General must, at least once every five years, audit the design and the implementation of the directive referred to in subsection 10.1(2) and submit a report on the audit to the Board and to the Minister. The Auditor General must submit the report to each House of Parliament on any of the first thirty days on which it is sitting after the report is completed.

The Act is amended by adding the following after

section 24:

Canadian Environmental Assessment Act : s. 5(1)

24.1

(1) Subsection 5(1) of the Canadian Environmental Assessment Act does not apply where the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it.

Subsection 5(2)

(2) Subsection 5(2) of the Canadian Environmental Assessment Act does not apply where the Governor in Council exercises a power of authorization or approval under regulations made under this Act, or where the Governor in Council exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or regulations made under it.

Subsection 8(1)

(3) Subsection 8(1) of the Canadian Environmental Assessment Act does not apply to the Corporation.

Use of Corporation’s name or initials

24.2

(1) Except with the written consent of the Corporation, no person shall in any prospectus or advertisement, or for any other business purpose, use the following names and initials: “Export Development Canada”, “Exportation et développement Canada”, “Export Development Corporation”, “Société pour l’expansion des exportations”, “E.D.C.”, “EDC”, “S.E.E.” and “SEE”.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and liable on

summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Replacing “Chairman” and “Vice-Chairman” with “Chairperson” and “Vice-chairperson”

The English version of the Act is amended by replacing the words “Chairman” and “Vice-Chairman” with the words “Chairperson” and “Vice-chairperson”, respectively, wherever they occur in the following provisions:

(

a) section 4;

(

b) section 6;

( c )

subsection 7(1); and

( d )

subsection 9(2).

TRANSITIONAL PROVISIONS

Powers, duties and functions

Wherever, under any Act of Parliament, any instrument made under

an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Export Development Corporation, that power, duty or function is vested in or exercisable by Export Development Canada.

References

Every reference to the Export Development Corporation in any deed, contract or other document executed by the Export Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Export Development Canada.

Rights and obligations transferred

All rights and property of the Export Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Export Development Canada.

Continuation of legal proceedings

Any legal proceeding to which the Export Development Corporation is party pending in any court immediately before the day on which this

section comes into force may be continued by or against Export Development Canada in the same manner and to the same extent as it could have been continued by or against the Export Development Corporation.

CONSEQUENTIAL AMENDMENTS

R.S., c. B-7; R.S., c. 24 (1st Supp.), s. 3

Bretton Woods and Related Agreements Act

1998, c. 21, s. 130

(1) Subsection 8.3(7) of the Bretton Woods and Related Agreements Act is replaced by the following:

Export Development Canada

(7) Export Development Canada may, on the request of the Minister of Finance, act as agent of the Minister of Finance for the purpose of providing financial assistance to any foreign state under this section.

1998, c. 21, s. 130

(2) Paragraph 8.3(8)(

b) of the Act is replaced by the following:

(

b) to compensate Export Development Canada for its services as agent of the Minister of Finance under subsection (7) in accordance with any agreement between Export Development Canada and the Minister of Finance.

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

Schedule I to the Federal-Provincial Fiscal Arrangements Act is amended by striking out the following:

Export Development Corporation Société pour l’expansion des exportations

Schedule I to the Act is amended by adding the following in alphabetical order:

Export Development Canada Exportation et développement Canada

R.S., c. F-11

Financial Administration Act

Part I of

Schedule III to the Financial Administration Act is amended by striking out the following:

Export Development Corporation Société pour l’expansion des exportations

Part I of

Schedule III to the Act is amended by adding the following in alphabetical order:

Export Development Canada Exportation et développement Canada

R.S., c. M-13; 2000, c. 8, s. 2

Payments in Lieu of Taxes Act

Schedule IV to the Payments in Lieu of Taxes Act is amended by striking out the following:

Export Development Corporation Société pour l’expansion des exportations

Schedule IV to the Act is amended by adding the following in alphabetical order:

Export Development Canada Exportation et développement Canada

R.S., c. P-21

Privacy Act

The

schedule to the Privacy Act is amended by striking out the following under the heading “ Other Government Institutions ”:

Export Development Corporation Société pour l’expansion des exportations

The

schedule to the Act is amended by adding the following in alphabetical order under the heading “ Other Government Institutions ”:

Export Development Canada Exportation et développement Canada

R.S., c. P-36

Public Service Superannuation Act

SOR/2000-168

Part III of

Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Export Development Corporation Société pour l’expansion des exportations

Part III of

Schedule I to the Act is amended by adding the following in alphabetical order:

Export Development Canada Exportation et développement Canada

Other Federal Acts

Unless the context requires otherwise, every reference to “Export Development Corporation” is replaced by a reference to “Export Development Canada” in any other Act of Parliament, with any grammatical modifications that are required.

Regulations and Other Instruments

Unless the context requires otherwise, every reference to “Export Development Corporation” is replaced by a reference to “Export Development Canada”, and every reference to “Société pour l’expansion des exportations” is replaced by a reference to “Exportation et développement Canada”, with any grammatical modifications or changes in order that are required, in regulations, as defined in

section 2 of the Statutory Instruments Act , and in any other instrument made in execution of a power conferred by or under

an Act of Parliament or by or under the authority of the Governor in Council, and more particularly in the following provisions with the changes indicated:

(

a) clause ( c )(i)(

E) of the definition specified international finance trust in subsection 5000(7) of the Income Tax Regulations ;

(

b) the

schedule to the Designation of Certain Portions of the Public Service Order , with the French version of that reference being placed in alphabetical order;

(

c) Schedule I to the Public Service Superannuation Regulations , with the French version of that reference being placed in alphabetical order;

(

d) item 41 of the

schedule to the English version of the Privacy Act Heads of Government Institutions Designation Order ;

(

e) item 108 of the

schedule to the French version of the Privacy Act Heads of Government Institutions Designation Order , with that item being renumbered and placed as item 79.1;

(

f) item 42 of the

schedule to the English version of the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order , made by Order in Council P.C. 1993-1073 of May 25, 1993 and registered as SI/93-81;

(

g) item 110 of the

schedule to the French version of the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order , made by Order in Council P.C. 1993-1073 of May 25, 1993 and registered as SI/93-81, with that item being renumbered and placed as item 75.1;

(

h) paragraph (

b) of Order in Council P.C. 1993-1454 made on June 25, 1993 and registered as SI/93-108;

(

i) the

long title and

section 1 of the Export Development Corporation Exercise of Certain Powers Regulations ; and

(

j) paragraph 13(

b) of the Crown Corporation General Regulations, 1995 .

Unless the context requires otherwise, every reference to “Loi sur l’expansion des exportations” is replaced by a reference to “Loi sur le développement des exportations” in the French version of regulations, as defined in

section 2 of the Statutory Instruments Act , made under any Act of Parliament and more particularly in the following provisions:

(

a) paragraph (

a) of the French version of Order in Council P.C. 1993-1454 made on June 25, 1993 and registered as SI/93-108; and

(

b) the definition Loi in

section 2 of the French version of the Export Development Canada Exercise of Certain Powers Regulations .

COMING INTO FORCE

Coming into force

The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.