GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Invest in Canada Act — I-21.5
Invest in Canada Hub means the corporation established under subsection 4(1). ( Investir au Canada )
Invest in Canada Act — I-21.5
Minister means the member of the Queen’s Privy Council for Canada designated under section 3. ( ministre )
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Designation of Minister 3 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act.
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Invest in Canada Hub 4 (1) A corporation is established to be called the Invest in Canada Hub. Agent of Her Majesty (2) The Invest in Canada Hub is for all purposes an agent of Her Majesty in right of Canada. Head office (3) The head office of the Invest in Canada Hub is to be at a place in Canada that is designated by the Minister.
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Mandate 5 The Invest in Canada Hub’s mandate, for the purpose of supporting economic prosperity and stimulating innovation in Canada, is to (a) promote foreign direct investment in Canada and attract and facilitate that investment; and (b) coordinate the efforts of the government, the private sector and other stakeholders with respect to foreign direct investment in Canada.
Invest in Canada Act — I-21.5 6
Functions 6 In carrying out its mandate, the Invest in Canada Hub is to (a) develop and implement a national strategy to attract foreign direct investment to Canada; (b) create and maintain partnerships with any department, board or agency of any government in Canada, the private sector in Canada or any other Canadian stakeholder with an interest in foreign direct investment in order to optimize the benefits of any programs, resources and services that are offered with respect to foreign direct investment; (c) plan, direct, manage and implement activities, events, conferences and programs to promote Canada as an investment destination; (d) collect, prepare and disseminate information to support the decisions of foreign investors with respect to foreign direct investment in Canada; and (e) provide services in a coordinated manner to foreign investors with respect to their actual or potential investments in Canada.
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Powers of Invest in Canada Hub 7 (1) When carrying out its mandate, the Invest in Canada Hub may (a) enter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name; (b) enter into contracts, agreements, memoranda of understanding or other arrangements with Her Majesty in right of Canada as if it were not an agent of Her Majesty; (c) acquire, hold, administer, dispose of or lease personal property or movables; or (d) do anything else that it considers necessary or incidental to achieving its mandate, exercising its powers or performing its duties and functions. Title to property (2) Title to property acquired by the Invest in Canada Hub may be held in the name of Her Majesty or in the name of the Invest in Canada Hub.
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General authority 8 (1) The Invest in Canada Hub has authority over all matters relating to (a) its policies with respect to contracts, communications, travel, hospitality, conferences and events and any of its other general administrative policies; (b) its organization; (c) human resources management, including the determination of the terms and conditions of employment of persons whom it employs; and (d) its internal auditing. Non-application of regulations and requirements (2) Despite the Financial Administration Act , the Invest in Canada Hub is not subject to any regulation or requirement established by the Treasury Board under that Act that relates to any matter referred to in subsection (1), except (a) to the extent that the regulation or requirement under that Act relates to financial management; or (b) with respect to any regulation or requirement as it relates to any matter referred to in paragraphs (1)(a), (b) and (d), to the extent provided by the Governor in Council, by order, on the recommendation of the President of the Treasury Board.
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Procurement of goods and services 9 (1) Despite section 9 of the Department of Public Works and Government Services Act , the Invest in Canada Hub may procure goods and services from outside the federal public administration. Legal services (2) However, the Invest in Canada Hub may only procure legal services from outside the federal public administration with the approval of the Attorney General of Canada.
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Legal proceedings 10 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Invest in Canada Hub, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Invest in Canada Hub in its name.
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Responsibility of Minister 11 (1) The Minister is responsible for the Invest in Canada Hub. Ministerial direction (2) The Invest in Canada Hub must comply with any general or special direction given by the Minister in carrying out its mandate. Minister’s power of inquiry (3) The Minister may inquire into any of the Invest in Canada Hub’s activities and require it to provide him or her with any information under its control. Reports (4) The Minister may require the Invest in Canada Hub to provide him or her with a report on its activities and operations.
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Establishment and composition 12 (1) The Invest in Canada Hub is to have a board of directors consisting of not more than 11 directors, including a Chairperson and a Vice-Chairperson. Ex officio director — Deputy Minister (2) The Deputy Minister of the department for which the Minister is responsible is ex officio a director of the board of directors. Appointment (3) The Chairperson, Vice-Chairperson and the other directors, except the Deputy Minister, are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding three years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors. Reappointment (4) A director appointed under subsection (3) is eligible for reappointment in the same or another capacity. Remuneration and expenses (5) A director appointed under subsection (3) is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of their duties under this Act.
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Role of board of directors 13 (1) The board of directors is responsible for supervising and managing the Invest in Canada Hub’s business and affairs and for advising the Minister and the Chief Executive Officer on matters relating to the Invest in Canada Hub’s mandate. By-laws (2) The board of directors may make by-laws respecting the conduct of its proceedings and the general conduct of its activities. Quorum (3) A majority of the directors holding office or five directors, whichever is greater, constitutes a quorum of the board of directors.
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Role of Chairperson 14 (1) The Chairperson presides over meetings of the board of directors and performs any other duties that are assigned to them by the Minister. Acting Chairperson (2) In the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-Chairperson acts as Chairperson.
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Appointment 15 (1) The Chief Executive Officer of the Invest in Canada Hub is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. Reappointment (2) The Chief Executive Officer is eligible for reappointment. Remuneration and expenses (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.
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Role of Chief Executive Officer 16 (1) The Chief Executive Officer is responsible for the Invest in Canada Hub’s day-to-day operations. Rank of deputy head (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department. Annual business plan and report (3) The Chief Executive Officer must submit to the board of directors, for its approval, an annual business plan and an annual report on the Invest in Canada Hub’s operations and performance during the preceding fiscal year. Acting Chief Executive Officer (4) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may appoint any person to act as Chief Executive Officer, but that person may only act as Chief Executive Officer for a period exceeding 90 days with the approval of the Governor in Council.
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Human resources management 17 The Invest in Canada Hub may, in the exercise of its responsibilities in relation to human resources management, (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources; (b) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out; (c) provide for the classification of the Invest in Canada Hub positions and employees; (d) after consulting with the President of the Treasury Board, determine and regulate the pay to which persons employed by the Invest in Canada Hub are entitled for services rendered, the hours of work and leave of those persons and any related matters; (e) provide for the awards that may be made to persons employed by the Invest in Canada Hub for outstanding performance of their duties and for other meritorious achievement in relation to those duties; (f) establish standards of discipline for its employees and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied or may be varied or rescinded in whole or in part; (g) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed by the Invest in Canada Hub and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part; and (h) provide for any other matters that the Invest in Canada Hub considers necessary for effective personnel management, including terms and conditions of employment not otherwise specifically provided for in this section.
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Power to appoint 18 The Invest in Canada Hub has the exclusive authority to appoint any employees, including senior vice-presidents and account executives, that it considers necessary for carrying out its mandate.
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Group insurance and benefit programs 19 (1) The Invest in Canada Hub may establish or enter into a contract to acquire group insurance or benefit programs for its employees and may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums, and may audit and make contributions and pay premiums in respect of those programs. Non-application of Financial Administration Act (2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Invest in Canada Hub or the members in respect of any program established under subsection (1) or any benefits received by the members of such a program.
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Staffing program 20 (1) The Invest in Canada Hub must develop a program governing staffing, including the appointment of, and recourse for, employees. Collective agreements (2) Matters governed by the staffing program are not to be covered by a collective agreement.
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Negotiation of collective agreements 21 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of the Invest in Canada Hub’s employees, the Invest in Canada Hub must have its negotiating mandate approved by the President of the Treasury Board.
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Pension — Chief Executive Officer 22 (1) Unless the Governor in Council otherwise orders, the Chief Executive Officer is deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act . Pension — other employees (2) Senior vice-presidents and account executives are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act .
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Compensation 23 A director appointed under subsection 12(3) and the Chief Executive Officer are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act .
Invest in Canada Act — I-21.5 443
Words and expressions 443 (1) The words and expressions used in this section have the same meaning as in the Invest in Canada Act , as enacted by section 442 . Powers, duties and functions of Chief Executive Officer (2) Any power, duty or function of the Invest in Canada Hub under the Invest in Canada Act is vested in or may be performed or exercised by the Chief Executive Officer of the Invest in Canada Hub until the first meeting of the board of directors. Transfer of money (3) Any money that is appropriated by an Act of Parliament, for the fiscal year in which section 442 comes into force, to defray any expenditure of the Department of Foreign Affairs, Trade and Development related to the Invest in Canada Hub and that, on the day on which that section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Invest in Canada Hub.
Investment Canada Act — I-21.8 1
Short title 1 This Act may be cited as the Investment Canada Act .
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Purpose of Act 2 Recognizing that increased capital and technology benefits Canada, and recognizing the importance of protecting national security, the purposes of this Act are to provide for the review of significant investments in Canada by non-Canadians in a manner that encourages investment, economic growth and employment opportunities in Canada and to provide for the review of investments in Canada by non-Canadians that could be injurious to national security. R.S., 1985, c. 28 (1st Supp.), s. 2; 2009, c. 2, s. 445
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the exercise of rights attached to voting interests in an entity by contract, business arrangement, personal relationship, common control in fact through the ownership of voting interests, or otherwise, in such a manner that they would ordinarily be expected to act together on a continuing basis with respect to the exercise of those rights; ( groupement de votants ) voting interest , with respect to (a) a corporation with share capital, means a voting share, (b) a corporation without share capital, means an ownership interest in the assets thereof that entitles the owner to rights similar to those enjoyed by the owner of a voting share, and (c) a partnership, trust or joint venture, means an ownership interest in the assets thereof that entitles the owner to receive a share of the profits and to share in the assets on dissolution; ( intérêt avec droit de vote ) voting share means a share in the capital of a corporation to which is attached a voting right ordinarily exercisable at meetings of shareholders of the corporation and to which is ordinarily attached a right to receive a share of the profits, or to share in the assets of the corporation on dissolution, or both. ( action avec droit de vote ) R.S., 1985, c. 28 (1st Supp.), s. 3; 1993, c. 35, s. 1; 1995, c. 1, s. 45; 1996, c. 31, s. 88; 2001, c. 27, s. 259; 2009, c. 2, s. 446; 2013, c. 33, s. 136
Investment Canada Act — I-21.8
assets includes tangible and intangible property of any value; ( actifs )
Investment Canada Act — I-21.8
business includes any undertaking or enterprise capable of generating revenue and carried on in anticipation of profit; ( entreprise )
Investment Canada Act — I-21.8
Canada includes the exclusive economic zone of Canada and the continental shelf of Canada; ( Canada )
Investment Canada Act — I-21.8 (a)
Canadian means (a) a Canadian citizen, (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which he or she first became eligible to apply for Canadian citizenship, (c) a Canadian government, whether federal, provincial or local, or an agency thereof, or (d) an entity that is Canadian-controlled, as determined under subsection 26(1) or (2) and in respect of which there has been no determination made under any of subsections 26(2.1), (2.11) and (2.31) or declaration made under subsection 26(2.2) or (2.32); ( Canadien )
Investment Canada Act — I-21.8 (a)
Canadian business means a business carried on in Canada that has (a) a place of business in Canada, (b) an individual or individuals in Canada who are employed or self-employed in connection with the business, and (c) assets in Canada used in carrying on the business; ( entreprise canadienne )
Investment Canada Act — I-21.8
corporation means a body corporate with or without share capital; ( personne morale )
Investment Canada Act — I-21.8
Director means the Director of Investments appointed under section 6; ( directeur )
Investment Canada Act — I-21.8
entity means a corporation, partnership, trust or joint venture; ( unité )
Investment Canada Act — I-21.8
joint venture means an association of two or more persons or entities, where the relationship among those associated persons or entities does not, under the laws in force in Canada, constitute a corporation, a partnership or a trust and where, in the case of an investment to which this Act applies, all the undivided ownership interests in the assets of the Canadian business or in the voting interests of the entity that is the subject of the investment are or will be owned by all the persons or entities that are so associated; ( coentreprise )
Investment Canada Act — I-21.8
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 )
Investment Canada Act — I-21.8 (a)
new Canadian business , in relation to a non-Canadian, means a business that is not already being carried on in Canada by the non-Canadian and that, at the time of its establishment, (a) is unrelated to any other business being carried on in Canada by that non-Canadian, or (b) is related to another business being carried on in Canada by that non-Canadian but falls within a prescribed specific type of business activity that, in the opinion of the Governor in Council, is related to Canada’s cultural heritage or national identity; ( nouvelle entreprise canadienne )
Investment Canada Act — I-21.8
non-Canadian means an individual, a government or an agency thereof or an entity that is not a Canadian; ( non-Canadien )
Investment Canada Act — I-21.8
own means beneficially own; ( propriétaire )
Investment Canada Act — I-21.8
person means an individual, a government or an agency thereof or a corporation; ( personne )
Investment Canada Act — I-21.8
prescribed means prescribed by the regulations made pursuant to this Act; ( Version anglaise seulement )
Investment Canada Act — I-21.8 (a)
state-owned enterprise means (a) the government of a foreign state, whether federal, state or local, or an agency of such a government; (b) an entity that is controlled or influenced, directly or indirectly, by a government or agency referred to in paragraph (a); or (c) an individual who is acting under the direction of a government or agency referred to in paragraph (a) or who is acting under the influence, directly or indirectly, of such a government or agency; ( entreprise d’État )
Investment Canada Act — I-21.8
voting group means two or more persons who are associated with respect to the exercise of rights attached to voting interests in an entity by contract, business arrangement, personal relationship, common control in fact through the ownership of voting interests, or otherwise, in such a manner that they would ordinarily be expected to act together on a continuing basis with respect to the exercise of those rights; ( groupement de votants )
Investment Canada Act — I-21.8 (a)
voting interest , with respect to (a) a corporation with share capital, means a voting share, (b) a corporation without share capital, means an ownership interest in the assets thereof that entitles the owner to rights similar to those enjoyed by the owner of a voting share, and (c) a partnership, trust or joint venture, means an ownership interest in the assets thereof that entitles the owner to receive a share of the profits and to share in the assets on dissolution; ( intérêt avec droit de vote )
Investment Canada Act — I-21.8
voting share means a share in the capital of a corporation to which is attached a voting right ordinarily exercisable at meetings of shareholders of the corporation and to which is ordinarily attached a right to receive a share of the profits, or to share in the assets of the corporation on dissolution, or both. ( action avec droit de vote )
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Role of Minister 4 The Minister is responsible for the administration of this Act. R.S., 1985, c. 28 (1st Supp.), s. 4; 1995, c. 1, s. 46
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Duties and powers of Minister 5 (1) The Minister shall (a) to (e) [Repealed, 1995, c. 1, s. 47] (f) ensure that the notification and review of investments are carried out in accordance with this Act; and (g) perform all other duties required by this Act to be performed by the Minister. Other powers (2) In exercising the Minister’s powers and performing his duties under this Act, the Minister (a) shall, where appropriate, make use of the services and facilities of other departments, branches or agencies of the Government of Canada; (b) may, with the approval of the Governor in Council, enter into agreements, for the purposes of this Act, with the government of any province or any agency thereof, or with any other entity or person, and may make disbursements up to an amount equal to the aggregate of the amounts to be contributed by all parties to the agreement, even before those amounts have been contributed; and (c) may consult with, and organize conferences of, representatives of industry and labour, provincial and local authorities and other interested persons. R.S., 1985, c. 28 (1st Supp.), s. 5; 1993, c. 35, s. 2; 1995, c. 1, s. 47
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Director of Investments 6 The Minister may appoint an officer, to be known as the Director of Investments, to advise and assist the Minister in exercising the Minister’s powers and performing the Minister’s duties under this Act. R.S., 1985, c. 28 (1st Supp.), s. 6; 1995, c. 1, s. 48
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Investments subject to notification 11 The following investments by non-Canadians are subject to notification under this Part: (a) an investment to establish a new Canadian business; and (b) an investment to acquire control of a Canadian business in any manner described in subsection 28(1), unless the investment is reviewable pursuant to section 14.