Marginal note:Head office

14. The head office of the Agency shall be in the Province of Quebec.

Marginal note:Contracts binding on Her Majesty

• 15. (1) Every 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.

• Marginal note:Legal proceedings

  (2) Actions, 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.

REGULATIONS

Marginal note:Regulations

• 16. (1) Subject to subsection (2), the Minister may make regulations

  • (a) specifying programs, projects and serv­ices in addition to those referred to in paragraph 11(1)(c) to improve the economic environment in Quebec;

  • (b) defining, for the purposes of this Act, “community”, “small- and medium-sized enterprises”, “project” and “demonstration projects”;

  • (c) 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; and

  • (d) generally for carrying out the purposes and provisions of this Act.

• Marginal note:Regulations

  (2) The Minister may, with the approval of 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 Act; and

  • (b) specifying 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.

• Marginal note:Insurance a guarantee

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

• Marginal note:Designated area or community regulations

  (4) In 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.

REPORTS

Marginal note:Annual report of Agency

• 17. (1) The 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.

• Marginal note:Annual report of Minister

  (2) The 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.

• Marginal note:Comprehensive report

  (3) The 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.

• Marginal note:Tabling of comprehensive report

  (4) The 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 PROVISIONS

Marginal note:Definitions

• 18. (1) The following definitions apply in this section.

  “former agency”

  « ancienne agence »

  “former agency” means the portion of the public service of Canada known as the Economic Development Agency of Canada for the Regions of Quebec.

  “new agency”

  « nouvelle agence »

  “new agency” means the Economic Development Agency of Canada for the Regions of Quebec established by section 8.

• Marginal note:President

  (2) The 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).

• Marginal note:Positions

  (3) Nothing 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.

• Marginal note:Definition of “employee”

  (4) In subsection (3), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

• Marginal note:Transfer of appropriations

  (5) Any 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 public service of Canada 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 public service of Canada for the new agency.

• Marginal note:Transfer of powers, duties and functions

  (6) Wherever 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 public service of Canada to exercise that power, duty or function.

• Marginal note:References

  (7) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

  • (a) Schedule I to the Access to Information Act, under the heading “Other Government Institutions”;

  • (b) Schedule I.1 to the Financial Administration Act;

  • (c) the schedule to the Privacy Act, under the heading “Other Government Institutions”;

  • (d) Part I of Schedule I to the Public Service Staff Relations Act; and

  • (e) any order of the Governor in Council made pursuant to the definition “department” in subsection 2(1) of the Public Service Employment Act.

• Marginal note:Deputy head

  (8) The 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.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-17Auditor General Act

• 19. (1) The schedule to the Auditor General Act is amended by striking out the following:

  • Federal Office of Regional Development — Quebec

    Bureau fédéral de développement régional (Québec)

• (2) The schedule to the Act is amended by adding the following in alphabetical order:

  • Economic Development Agency of Canada for the Regions of Quebec

    Agence de développement économique du Canada pour les régions du Québec

1995, c. 1Department of Industry Act

20. Subsection 4(2) of the Department of Industry Act is replaced by the following:

21. The heading of Part II of the Act is replaced by the following:

22. Paragraph 8(a) of the Act is replaced by the following:

• 23. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Duties in relation to regional development in Ontario

  • 9. (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,

• (2) Paragraph 9(1)(c) of the Act is replaced by the following:

  • (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

• (3) Paragraphs 9(2)(a) and (b) of the Act are replaced by the following:

  • (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.