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Export Development Act (R.S.C., 1985, c. E-20)

Act current to 2019-08-15 and last amended on 2017-05-18. Previous Versions

Export Development Act

R.S.C., 1985, c. E-20

An Act to establish Export Development Canada, to support and develop trade between Canada and other countries and Canada’s competitiveness in the international market-place and to provide development financing and other forms of development support

Short Title

Marginal note:Short title

 This Act may be cited as the Export Development Act.

  • R.S., 1985, c. E-20, s. 1
  • 2001, c. 33, s. 2(F)

Interpretation

Marginal note:Definitions

 In this Act,

Board

Board means the Board of Directors of the Corporation; (conseil)

body corporate

body corporate means an incorporated body wherever or however incorporated; (personne morale)

Chairman

Chairman[Repealed, 2001, c. 33, s. 3]

Chairperson

Chairperson means the Chairperson of the Board; (Version anglaise seulement)

Corporation

Corporation means Export Development Canada, the corporation established by section 3; (Société)

director

director means a director of the Corporation; (administrateur)

entity

entity means a body corporate, a trust, a partnership, a fund, an unincorporated association or organization, Her Majesty in right of Canada or of a province, an agency of Her Majesty in either of such rights and the government of a foreign country or any political subdivision thereof and any agency thereof; (entité)

Executive Committee

Executive Committee means the Executive Committee of the Board; (comité de direction)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

person

person means a natural person, an entity or a personal representative; (personne)

personal representative

personal representative means a person who stands in the place of and represents another person and, without limiting the generality of the foregoing, includes, as the circumstances require, a trustee, an executor, an administrator, a committee, a guardian, a tutor, a curator, an assignee, a receiver, an agent and an attorney of any person; (représentant personnel)

President

President means the President of the Corporation; (président)

property

property includes money, goods, things in action, land and every description of property, whether real or personal, legal or equitable, and whether situated in Canada or elsewhere, and includes obligations, easements and every description of estate, interest and profit, present and future, vested or contingent, in, arising out of or incident to property; (biens)

security interest

security interest means an interest in or a charge on property by way of mortgage, lien, pledge or otherwise taken to secure the payment or performance of an obligation; (sûreté)

Vice-Chairman

Vice-Chairman[Repealed, 2001, c. 33, s. 3]

Vice-chairperson

Vice-chairperson means the Vice-chairperson of the Board. (Version anglaise seulement)

  • R.S., 1985, c. E-20, s. 2
  • 1993, c. 26, s. 2
  • 2001, c. 33, s. 3

Corporation Established

Marginal note:Corporation established

 A corporation is established, to be known as Export Development Canada, consisting of a Board of Directors composed of 13 directors, including a Chairperson and a President.

  • R.S., 1985, c. E-20, s. 3
  • 2001, c. 33, s. 4
  • 2010, c. 12, s. 1729

Marginal note:Appointment of directors

  •  (1) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors.

  • Marginal note:Appointment of Chairperson

    (2) The Chairperson shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

  • Marginal note:Vice-chairperson

    (3) The Board shall elect a Vice-chairperson of the Board from among the directors.

  • R.S., 1985, c. E-20, s. 4
  • R.S., 1985, c. 1 (4th Supp.), s. 44(E)
  • 2001, c. 33, s. 13(E)
  • 2006, c. 9, s. 254

Marginal note:Alternate directors

 The Governor in Council may appoint a person to be an alternate director for any director who is selected from among persons employed in the federal public administration and the alternate director so appointed shall act as a director during any period in which the director for whom he is an alternate is, by reason of absence or incapacity, unable to act.

  • R.S., 1985, c. E-20, s. 5
  • 2003, c. 22, s. 224(E)

Marginal note:Chairperson to preside at meetings

  •  (1) The Chairperson shall preside at meetings of the Board and of the Executive Committee.

  • Marginal note:Absence, etc., of Chairperson

    (2) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Vice-chairperson shall perform the functions of the Chairperson during the absence, incapacity or vacancy.

  • Marginal note:Absence, etc., of Chairperson and Vice-chairperson

    (3) Where the Vice-chairperson is, by reason of circumstances referred to in subsection (2), authorized by that subsection to act as Chairperson but the Vice-chairperson is himself absent or incapacitated or the office of Vice-chairperson is vacant, such of the other directors as are present at a meeting shall, if they constitute a quorum of the Board or of the Executive Committee, select a director to act as Chairperson and the director so selected shall perform the functions of the Chairperson until such time as the Chairperson or Vice-chairperson is available to perform them.

  • R.S., 1985, c. E-20, s. 6
  • 2001, c. 33, s. 13(E)

Committees of the Board

Marginal note:Executive Committee

  •  (1) There shall be an Executive Committee of the Board consisting of the Chairperson and four other directors selected by the Board.

  • Marginal note:Powers

    (2) The Executive Committee may exercise any powers and perform any duties of the Board delegated to it by the Board.

  • R.S., 1985, c. E-20, s. 7
  • 2001, c. 33, s. 13(E)

Marginal note:Other committees

 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.

  • 2001, c. 33, s. 6

President

Marginal note:Appointment of President

  •  (1) The President shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

  • Marginal note: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.

  • Marginal note:Absence or incapacity of President

    (3) In the event of the absence or incapacity of the President, or if the office of President is vacant, the Board shall authorize a director or an officer of the Corporation to act as the President for the time being and shall fix the terms and conditions of his appointment and his remuneration, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.

  • R.S., 1985, c. E-20, s. 8
  • R.S., 1985, c. 1 (4th Supp.), s. 44(E)
  • 2001, c. 33, s. 7

Salaries and Expenses

Marginal note:Salaries, etc., of directors

  •  (1) Subject to subsection (2), each of the directors not selected from among persons employed in the federal public administration shall be paid by the Corporation such salary, fees or other remuneration as is fixed by the Governor in Council and each director is entitled to be paid by the Corporation reasonable travel and other expenses incurred by him in the course of his duties under this Act.

  • Marginal note:Salaries

    (2) The Chairperson and, if the President is a person other than the Chairperson, the President shall be paid by the Corporation a salary to be fixed by the Governor in Council.

  • R.S., 1985, c. E-20, s. 9
  • 2001, c. 33, s. 13(E)
  • 2003, c. 22, s. 224(E)
 
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