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

Marginal note:Purpose

201 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.

202 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

• 203 (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

204 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

• 205 (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.

Marginal note:Non-application of Statutory Instruments Act

206 The Statutory Instruments Act does not apply to a directive.

Marginal note:Tabling in Parliament

• 207 (1) 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.

• Marginal note:Exception — detrimental information

  (2) 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.

• Marginal note:Consultation

  (3) 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.

Marginal note:No liability

208 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.

Marginal note:Application of money from disposition

209 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.

Marginal note:Financial Administration Act

210 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.

Consequential Amendment to the Canada Marine Act

211 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*212 Section 211 comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Section 211 in force June 10, 2020, see SI/2020-43.]

DIVISION 14Transfer of Powers, Duties and Functions to the Minister of Canadian Heritage

National Capital Act

213 [Amendments]

Department of Canadian Heritage Act

214 [Amendment]

215 [Amendment]

Transitional Provisions

216 [Transitional Provision]

217 [Transitional Provision]

218 [Transitional Provision]

219 [Transitional Provision]

220 [Transitional Provision]

Consequential Amendments to the National Holocaust Monument Act

221 [Amendment]

222 [Amendment]

223 [Amendment]

Coming into Force

Marginal note:End of third month after royal assent

Footnote ^*224 This Division comes into force on the last day of the third month after the day on which this Act receives royal assent.

• Return to footnote ^*[Note: Divison 14 in force September 30, 2013.]

DIVISION 15Parliamentary Secretaries and Ministers

Parliament of Canada Act

225 [Amendment]

Salaries Act

226 [Amendments]

DIVISION 16Department of Public Works and Government Services Act

227 [Amendments]

DIVISION 17Financial Administration Act

Amendments to the Act

228 [Amendments]

229 [Amendment]

Consequential Amendments

Canadian Race Relations Foundation Act

230 [Amendment]

Public Sector Pension Investment Board Act

231 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*232 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.

• Return to footnote ^*[Note: Subsection 228(2) not in force.]