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Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)

Act current to 2022-07-13 and last amended on 2020-06-10. Previous Versions

PART 3Various Measures (continued)

DIVISION 6Investment Canada Act (continued)

Transitional Provisions (continued)

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * 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.

  • Return to footnote *[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.]

DIVISION 7Canada Pension Plan

 [Amendment]

DIVISION 8Improving Veterans’ Benefits

Pension Act

 [Amendment]

War Veterans Allowance Act

 [Amendment]

 [Amendment]

Transitional Provision

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 9Immigration and Refugee Protection

Immigration and Refugee Protection Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

No Appeal to the Refugee Appeal Division

 [Transitional Provision]

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 10Citizenship Act

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

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

DIVISION 11Nuclear Safety and Control Act

 [Amendment]

DIVISION 12Department of Foreign Affairs, Trade and Development Act

Enactment of Act

Marginal note:Enactment

 The Department of Foreign Affairs, Trade and Development Act is enacted as follows:

[See Department of Foreign Affairs, Trade and Development Act]

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Privacy Act

 [Amendment]

 [Amendment]

 [Amendment]

Public Sector Compensation Act

 [Amendment]

 [Amendment]

 [Amendment]

Federal Real Property and Federal Immovables Act

 [Amendment]

Conflict of Interest Act

 [Amendment]

Official Development Assistance Accountability Act

 [Amendment]

Federal Sustainable Development Act

 [Amendment]

Terminology

  •  (1) [Amendment]

  • Marginal note:Other references to Department of Foreign Affairs and International Trade

    (2) 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.

  •  (1) [Amendment]

  • Marginal note:Other references to Minister for International Cooperation and Minister of International Cooperation

    (2) 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.

Marginal note: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.

 [Amendment]

Repeal

 [Repeal]

DIVISION 13Ridley Terminals Inc.

Reorganization and Divestiture

Marginal note:Definitions

  •  (1) The following definitions apply in this Division.

    assets

    assets includes

    • (a) in relation to an entity, the securities of any other entity held by, on behalf of or in trust for the entity; and

    • (b) incorporeal property. (actifs)

    Minister

    Minister means the Minister of Transport. (ministre)

    security

    security means

    • (a) 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

    • (b) 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)

  • Marginal note:Interpretation

    (2) In this Division, corporation, share and wholly-owned subsidiary have the same meaning as in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Interpretation

    (3) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Canada Business Corporations Act.

  • Marginal note:Inconsistency

    (4) 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.

  • Marginal note:Operation of Competition Act

    (5) 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.

  • Marginal note:Section 53.1 of Canada Transportation Act

    (6) Section 53.1 of the Canada Transportation Act does not apply to a transaction proposed to be taken under this Division.

Marginal note: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.

Marginal note: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:

  • (a) sell or otherwise dispose of some or all of the securities of Ridley Terminals Inc.;

  • (b) 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;

  • (c) procure the amalgamation of Ridley Terminals Inc.; and

  • (d) procure the dissolution of Ridley Terminals Inc.

Marginal note:Authority with respect to entities

  •  (1) 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:

    • (a) 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;

    • (b) 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;

    • (c) 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

    • (d) 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.

  • Marginal note:Part X of Financial Administration Act

    (2) 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).

Marginal note: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).

Marginal note:Authority

  •  (1) 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:

    • (a) sell or otherwise dispose of some or all of its assets;

    • (b) sell or otherwise dispose of some or all of its liabilities;

    • (c) issue securities and sell or otherwise dispose of some or all of those securities;

    • (d) reorganize its capital structure;

    • (e) acquire assets of a corporation or of any other entity;

    • (f) 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;

    • (g) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for it;

    • (h) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for it;

    • (i) acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it;

    • (j) 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;

    • (k) procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;

    • (l) procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; and

    • (m) do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l).

  • Marginal note:Additional powers

    (2) 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).

  • Marginal note:Limitation

    (3) 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)

    • (a) after some or all of its securities are sold or otherwise disposed of; or

    • (b) 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.

  • Marginal note:Compliance with directive

    (4) 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.

  • Marginal note:Notification of implementation

    (5) 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.

 
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