Economic Action Plan 2013 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Economic Action Plan 2013 Act, No. 1. [Amendment] [Amendments] [Related Provision] April 1, 2013 Sections 64 to 102 are deemed to have come into force on April 1, 2013. Maximum payment of $18,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $18,000,000 to the Canadian Youth Business Foundation for its use. Maximum payment of $165,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $165,000,000 to Genome Canada for its use. Maximum payment of $20,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding $20,000,000 to the Nature Conservancy of Canada for its use. Maximum payment of $30,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding $30,000,000 to the Canada Mortgage and Housing Corporation to provide funding to Nunavut for housing. Maximum payment of $5,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, a sum not exceeding $5,000,000 to Indspire to provide post-secondary scholarships and bursaries for students who are registered as Indians under the Indian Act and for Inuit students. Maximum payment of $3,000,000 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding $3,000,000 to the Pallium Foundation of Canada to support training in palliative care to front-line health care providers. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, to the Canadian National Institute for the Blind a sum not exceeding $3,000,000 for a national digital hub to improve library services for persons with a print disability. [Repeal] Royal assent or July 11, 2013 This Division comes into force or is deemed to have come into force on the earlier of the day on which this Act receives royal assent and July 11, 2013. [Note: Division 5 in force on assent June 26, 2013.] [Repealed, 2014, c. 39, s. 189] [Transitional Provision] Order in council The provisions of this Division, except sections 136, 143 to 145, 149 and 151 to 153, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 138 to 141 and subsection 142(1) in force March 13, 2015, see SI/2015-21; sections 137, 146 to 148 and 150 in force April 24, 2015, see SI/2015-20.] This Division comes into force on a day to be fixed by order of the Governor in Council. [Note: Division 8 in force October 1, 2013, see SI/2013-103.] Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council. [Note: Subsection 162(2) in force February 6, 2014, see SI/2014-7.] The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council. [Note: The provisions of Division 10 in force February 6, 2014, see SI/2014-8.] Enactment The Department of Foreign Affairs, Trade and Development Act is enacted as follows: Other references to Department of Foreign Affairs and International Trade Unless the context requires otherwise, every reference to the Department of Foreign Affairs and International Trade in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development. Other references to Minister for International Cooperation and Minister of International Cooperation Unless the context requires otherwise, every reference to the Minister for International Cooperation or the Minister of International Cooperation in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister for International Development. References to Canadian International Development Agency Unless the context requires otherwise, every reference to the Canadian International Development Agency in any provision of an Act of Parliament is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development. Definitions The following definitions apply in this Division. assets includes in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and incorporeal property. (actifs) Minister means the Minister of Transport. (ministre) security means in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and in relation to any other entity, any ownership interest in or debt obligation of the entity, and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity. (titre) Interpretation In this Division, corporation, share and wholly-owned subsidiary have the same meaning as in subsection 83(1) of the Financial Administration Act. Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act. Inconsistency In the event of any inconsistency between this Division and the Canada Business Corporations Act or anything issued, made or established under that Act, this Division prevails to the extent of the inconsistency. Operation of Competition Act Nothing in, or done under the authority of, this Division affects the operation of the Competition Act in respect of the acquisition of any interest or right in an entity. Section 53.1 of Canada Transportation Act Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division. Purpose The purpose of this Division is to authorize measures for the reorganization and divestiture of all or any part of Ridley Terminals Inc.’s business, which will allow the Government of Canada to pursue its objective of obtaining the best value for the business from a buyer who will operate the business on a long-term and sustainable basis and with open access to its services. Authority to sell shares, etc. The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures: sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.; procure an addition to, or other material change in, the objects or purposes for which Ridley Terminals Inc. is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles; procure the amalgamation of Ridley Terminals Inc.; and procure the dissolution of Ridley Terminals Inc. Authority with respect to entities procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity; acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity. Part X of Financial Administration Act The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(a). Additional powers The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under section 202 or subsection 203(1). Authority Ridley Terminals Inc., any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures: sell or otherwise dispose of some or all of its assets; sell or otherwise dispose of some or all of its liabilities; issue securities and sell or otherwise dispose of some or all of those securities; reorganize its capital structure; acquire assets of a corporation or of any other entity; procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents; procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it; procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it; acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it; sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it; procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries; procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l). The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) to take, or cause any wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity to take, a measure referred to in subsection (1). Limitation The Governor in Council is not authorized to issue a directive to Ridley Terminals Inc. or any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) after some or all of its securities are sold or otherwise disposed of; or with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after some or all of the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of. Compliance with directive The directors of Ridley Terminals Inc. or of the corporation, or persons acting in a similar capacity with respect to the other entity, must comply with a directive issued by the Governor in Council. Compliance with that issued directive is in the best interests of Ridley Terminals Inc., the corporation or the other entity, as the case may be. Notification of implementation As soon as feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, Ridley Terminals Inc., the corporation or the other entity, as the case may be, must notify the Minister that it has done so. Non-application of Statutory Instruments Act The Statutory Instruments Act does not apply to a directive. Tabling in Parliament The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued. Exception — detrimental information However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to the commercial interests of Canada, of Ridley Terminals Inc., of any corporation referred to in paragraph 203(1)(a) or other entity referred to in paragraph 203(1)(b) or of a wholly-owned subsidiary or wholly-owned entity of Ridley Terminals Inc., the corporation or the other entity, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented. Consultation Before forming his or her opinion on whether publishing information contained in the directive would be detrimental, the Minister must consult the board of directors of Ridley Terminals Inc. or of the corporation, or the person or group of persons acting in a similar capacity with respect to the other entity. No liability No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in relation to Ridley Terminals Inc. that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise of their powers or the performance of their duties or functions, under this Division. Application of money from disposition The money from a sale or other disposition made under paragraph 202(a), subsection 203(1) or paragraph 205(1)(a), (b), (c) or (j), minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act and is to be paid to the Receiver General. Financial Administration Act Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 202 to 205. Section 211 comes into force on a day to be fixed by order of the Governor in Council. [Note: Section 211 in force June 10, 2020, see SI/2020-43.] End of third month after royal assent This Division comes into force on the last day of the third month after the day on which this Act receives royal assent. [Note: Divison 14 in force September 30, 2013.] Subsection 228(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council. [Note: Subsection 228(2) not in force.]