Department of Foreign Affairs, Trade and Development Act (S.C. 2013, c. 33, s. 174)

Short Title

Marginal note:Short title

1 This Act may be cited as the Department of Foreign Affairs, Trade and Development Act.

Continuation of the Department

Marginal note:Department continued

• 2 (1) The Department of Foreign Affairs and International Trade is continued under the name of the Department of Foreign Affairs, Trade and Development over which the Minister of Foreign Affairs, appointed by commission under the Great Seal, is to preside.

• Marginal note:Minister

  (2) The Minister of Foreign Affairs, in this Act referred to as the “Minister”, holds office during pleasure and has the management and direction of the Department in Canada and abroad.

Additional Ministers

Marginal note:Minister for International Trade

3 A Minister for International Trade is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international trade.

Marginal note:Minister for International Development

4 A Minister for International Development is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international development, poverty reduction and humanitarian assistance.

Marginal note:Use of departmental services and facilities

5 A minister appointed under section 3 or 4 is to act with the concurrence of the Minister in carrying out his or her responsibilities and is to make use of the services and facilities of the Department.

Committees

Marginal note:Committees to advise and assist

6 The Governor in Council may establish advisory and other committees to advise or assist the Minister or to exercise and perform any powers, duties and functions that the Governor in Council specifies and may fix the remuneration and expenses to be paid to the members of the committees so established.

Officers of the Department

Marginal note:Deputy head

7 The Governor in Council may appoint an officer called the Deputy Minister of Foreign Affairs to hold office during pleasure and to be the deputy head of the Department.

Marginal note:Additional deputy heads

• 8 (1) The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom is to have the rank and status of a deputy head of a department and is, under the Deputy Minister of Foreign Affairs, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.

• Marginal note:Deputy Ministers for International Trade and for International Development

  (2) The Governor in Council may designate one of the Associate Deputy Ministers appointed under subsection (1) to be Deputy Minister for International Trade and one to be Deputy Minister for International Development.

Marginal note:Coordinator, International Economic Relations

9 The Governor in Council may designate or appoint a person in the federal public administration as the Coordinator, International Economic Relations who is to have the rank and status of a deputy head of a department and is, subject to the direction of the Governor in Council, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions of Minister

• 10 (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to the conduct of the external affairs of Canada, including international trade and commerce and international development.

• Marginal note:Powers, duties and functions of Minister

  (2) In exercising and performing his or her powers, duties and functions under this Act, the Minister is to

  • (a) conduct all diplomatic and consular relations on behalf of Canada;

  • (b) conduct all official communication between the Government of Canada and the government of any other country and between the Government of Canada and any international organization;

  • (c) conduct and manage international negotiations as they relate to Canada;

  • (d) coordinate Canada’s international economic relations;

  • (e) foster the expansion of Canada’s international trade and commerce;

  • (f) foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises;

  • (g) coordinate the direction given by the Government of Canada to the heads of Canada’s diplomatic and consular missions;

  • (h) have the management of Canada’s diplomatic and consular missions;

  • (i) administer the foreign service of Canada;

  • (j) foster the development of international law and its application in Canada’s external relations; and

  • (k) carry out any other duties and functions that are by law assigned to him or her.

• Marginal note:Programs

  (3) The Minister may develop and carry out programs related to the Minister’s powers, duties and functions for the promotion of Canada’s interests abroad, including

  • (a) the fostering of the expansion of Canada’s international trade and commerce; and

  • (b) the fostering of sustainable international development and of poverty reduction in developing countries and the provision of humanitarian assistance during crises.

Fees

Marginal note:Regulations

• 11 (1) The Governor in Council may, on the recommendation of the Minister and the Treasury Board, make regulations prescribing

  • (a) documents issued by the Minister of Citizenship and Immigration for travel purposes for which fees are payable; and

  • (b) the amount of the fees and the time and manner of their payment.

• Marginal note:Cost recovery

  (2) The fees are to be prescribed with a view to the recovery of the costs incurred by Her Majesty in right of Canada in providing consular services.

• Marginal note:Additional to other fees

  (3) The fees are to be paid in addition to any other fees payable under section 19 of the Financial Administration Act in respect of the same documents.

Agreements with Provinces

Marginal note:Agreements

12 The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency of a province respecting the carrying out of programs related to the Minister’s powers, duties and functions.

Duties of Additional Ministers

Marginal note:Minister for International Trade

13 Subject to section 5, the Minister for International Trade is to promote the expansion of Canada’s international trade and commerce by

• (a) assisting Canadian exporters in their international marketing initiatives and promoting Canadian export sales;

• (b) improving the access of Canadian produce, products and services to external markets through trade negotiations;

• (c) fostering trade relations with other countries; and

• (d) contributing to the improvement of world trading conditions.

Marginal note:Minister for International Development

14 Subject to section 5, the Minister for International Development is to foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises by

• (a) undertaking activities related to international development and humanitarian assistance;

• (b) ensuring the effectiveness of Canada’s international development and humanitarian assistance activities;

• (c) fostering relations with other countries and organizations engaged in international development or humanitarian assistance activities; and

• (d) ensuring Canada’s contributions to international development and humanitarian assistance are in line with Canadian values and priorities.

Heads of Missions

Definition of head of mission

• 15 (1) In this section, head of mission means

  • (a) an ambassador, high commissioner or consul-general of Canada; or

  • (b) any other person that is appointed to represent Canada in another country or a portion of another country or at an international organization or diplomatic conference and that is designated head of mission by the Governor in Council.

• Marginal note:Duties of head of mission

  (2) Except as otherwise instructed by the Governor in Council, a head of mission is to have the management and direction of their mission and its activities and the supervision of the official activities of the various departments and agencies of the Government of Canada in the country or portion of the country or at the international organization to which they are appointed.

Transitional Provisions

Marginal note:Minister for International Cooperation and President of CIDA

16 Any person who holds the office of Minister for International Cooperation or of President of the Canadian International Development Agency on the day on which this section comes into force is deemed to hold the office of Minister for International Development or Deputy Minister for International Development, respectively, on and after that day.

Marginal note:Positions

17 Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Canadian International Development Agency except that the employee, on the coming into force of this section, occupies their position in the Department of Foreign Affairs, Trade and Development under the authority of the Deputy Minister of Foreign Affairs.

Marginal note:Transfer of appropriations

18 Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Canadian International Development Agency that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Foreign Affairs, Trade and Development.

Marginal note:Transfer of powers, duties and functions

19 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister for International Cooperation or Minister of International Cooperation, the President of the Canadian International Development Agency or any other employee of that Agency, that power, duty or function is vested in or may be exercised or performed by the Minister for International Development, the Deputy Minister for International Development or the appropriate officer of the Department of Foreign Affairs, Trade and Development, as the case may be.