GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Atlantic Canada Opportunities Agency Act — A-13.7 6
Responsible for Agency 6 (1) The Minister is responsible for the Agency. Agreements with provinces (2) The Minister may enter into agreements with the government of any province or provinces in Atlantic Canada respecting the carrying out of any program or project of the Agency. R.S., 1985, c. 41 (4th Supp.), s. 6; 2002, c. 17, s. 2
Atlantic Canada Opportunities Agency Act — A-13.7 7
Establishment of areas 7 The Minister may, by order, establish as a designated area, for the period set out in the order, any area in Atlantic Canada where, in the opinion of the Minister, exceptional circumstances provide opportunities for locally based improvements in productive employment.
Atlantic Canada Opportunities Agency Act — A-13.7 8
Shares and related instruments 8 Subject to any regulations, the Minister may acquire, exercise, assign or sell a stock option, share warrant, share or other similar financial instrument obtained as a condition of a loan or contribution made, a guarantee given or loan insurance or credit insurance provided under section 13 or in the course of the collection or enforcement of a debtor’s obligation to the Agency. R.S., 1985, c. 41 (4th Supp.), s. 8; 2001, c. 34, s. 5
Atlantic Canada Opportunities Agency Act — A-13.7 9
Support for programs and projects under other Acts 9 (1) Where the Minister is satisfied that the implementation of a program or project authorized by any other Act would further the purpose of this Part, the Minister may, conditionally or unconditionally, undertake to transfer funds appropriated for the purposes of this Part to supplement funds that the minister responsible for the program or project has undertaken to expend in connection therewith. Effect of undertaking (2) Subject to compliance with any conditions attached to an undertaking given by the Minister pursuant to subsection (1) and to the approval of Parliament, funds undertaken to be transferred may be expended by the minister responsible for the implementation of the program or project on the same terms and conditions as funds that that minister has undertaken to expend in connection therewith. Information in annual report (3) Each annual report under subsection 21(3) shall include full and complete information relating to funds undertaken to be transferred under this section in the fiscal year to which the report relates.
Atlantic Canada Opportunities Agency Act — A-13.7 10
Establishment of Agency 10 There is hereby established an agency of the Government of Canada to be known as the Atlantic Canada Opportunities Agency.
Atlantic Canada Opportunities Agency Act — A-13.7 11
President 11 (1) The Governor in Council shall appoint an officer to be the deputy of the Minister, who shall be called the President of the Agency and who shall hold office during pleasure. Chief executive officer (2) The President is the chief executive officer of the Agency and, under the direction of the Minister, has control and supervision over the work, officers and employees of the Agency. Acting President (3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister shall appoint another person to act as the President, but no person may act as President for a period exceeding ninety days without the approval of the Governor in Council. Remuneration (4) The President shall be paid such remuneration as may be fixed by the Governor in Council.
Atlantic Canada Opportunities Agency Act — A-13.7 12
Object 12 The object of the Agency is to support and promote opportunity for economic development of Atlantic Canada, with particular emphasis on small and medium-sized enterprises, through policy, program and project development and implementation and through advocacy of the interests of Atlantic Canada in national economic policy, program and project development and implementation.
Atlantic Canada Opportunities Agency Act — A-13.7 14
Duties 14 The Agency shall assist the Minister (a) generally, in the exercise of powers and the performance of duties and functions under this Part and any other Act in relation to which powers, duties and functions are assigned to the Minister in relation to opportunity for economic development of Atlantic Canada; (b) in the coordination of policies and programs of the Government of Canada in relation to opportunity for economic development of Atlantic Canada; (c) by administering any agreements entered into by the Minister with a province or provinces; (d) in the exercise of powers conferred on the Minister by section 8; and (e) by compiling detailed information on all programs and projects undertaken by the Agency or the Minister for the purpose of measuring trends, development and progress in the economic development of Atlantic Canada.
Atlantic Canada Opportunities Agency Act — A-13.7 15
Officers and employees 15 (1) Such officers and employees as are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act . Government services and facilities (2) In exercising its powers and performing its duties and functions under this Part, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
Atlantic Canada Opportunities Agency Act — A-13.7 16
Offices 16 The principal office of the Agency shall be in Moncton, New Brunswick, but the Agency shall maintain at least one office in each other province in Atlantic Canada.
Atlantic Canada Opportunities Agency Act — A-13.7 17
Contracts binding on Her Majesty 17 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
Atlantic Canada Opportunities Agency Act — A-13.7 20
Regulations 20 (1) The Minister may make regulations (a) specifying programs and projects in addition to those referred to in paragraph 13(c) to improve the business environment in Atlantic Canada; (b) defining, for the purposes of this Part, the expressions “small and medium-sized enterprises”, “project” and “demonstration projects” and the class or classes of small and medium-sized enterprises and of operations and activities eligible for support by the Agency under this Part; and (c) generally for carrying out the purposes and provisions of this Part. Idem (2) The Minister may, with the approval of the Minister of Finance, make regulations (a) relating to loans that may be made, guarantees that may be given and loan insurance and credit insurance that may be provided under this Part; and (b) specifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option obtained as a condition under which a contribution or loan was made, a guarantee given or loan insurance or credit insurance provided under this Part. Designated area regulations (3) In order to exploit the opportunities for locally based improvements in productive employment identified in a designated area, regulations specially applicable to that area may be made under the authority of this section that vary from regulations of general application to Atlantic Canada.
Atlantic Canada Opportunities Agency Act — A-13.7 21
Annual report of Agency 21 (1) The President shall, within four months after the end of each fiscal year, submit a report on the operations of the Agency in that year to the Minister. (2) and (2.1) [Repealed, 2014, c. 20, s. 177] Annual report by Minister (3) The Minister shall cause to be laid before each House of Parliament, on any of the first fifteen days on which that House is sitting after September 30 next following the end of each fiscal year, a report, including a copy of the annual report submitted to the Minister under subsection (1), on the administration of this Part for that fiscal year. R.S., 1985, c. 41 (4th Supp.), s. 21; 1992, c. 1, s. 10; 2014, c. 20, s. 177
Atlantic Canada Opportunities Agency Act — A-13.7 22
Appropriations based on Estimates 22 The provisions made by any appropriation Act for the fiscal year in which this section comes into force, based on the Estimates for that year to defray the charges and expenses of the public service of Canada within the Department of Regional Industrial Expansion in relation to any matter in Atlantic Canada to which the powers, duties or functions of the Minister or the Agency extend by law, shall be applied to such classifications of the public service within the Agency as the Governor in Council may determine.
Atlantic Canada Opportunities Agency Act — A-13.7 23
Transfer of powers, duties and functions 23 Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Regional Industrial Expansion, the Deputy Minister of Regional Industrial Expansion or any other officer of the Department of Regional Industrial Expansion in relation to any matter in Atlantic Canada to which the powers, duties or functions of the Minister or of the Agency extend by law, the power, duty or function is vested in and shall be exercised by the Minister, the President or the appropriate officer of the Agency, as the case may be, unless the Governor in Council by order designates another Minister, deputy minister or officer of a department or a portion of the public service of Canada to exercise that power, duty or function.
Atlantic Canada Opportunities Agency Act — A-13.7 24
Deemed appointment 24 Every indeterminate employee in the public service of Canada who is transferred to a position in the Agency from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Agency in accordance with subsection 15(1).
Atlantic Canada Opportunities Agency Act — A-13.7 178
Appointments terminated 178 (1) The members of the Atlantic Canada Opportunities Board, established by section 18 of the Atlantic Canada Opportunities Agency Act , cease to hold office on the day on which this Division comes into force. No compensation (2) Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a member of that Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.
Asia-Pacific Foundation of Canada Act — A-13 1
Short title 1 This Act may be cited as the Asia-Pacific Foundation of Canada Act . 1984, c. 12, s. 1
Asia-Pacific Foundation of Canada Act — A-13 2
Foundation established 2 There is hereby established a corporation to be known as the Asia-Pacific Foundation of Canada, in this Act referred to as the “Foundation”. 1984, c. 12, s. 2
Asia-Pacific Foundation of Canada Act — A-13 3
Purpose of Foundation 3 The purpose of the Foundation is to develop closer ties between the peoples and institutions of Canada and the peoples and institutions of the Asia-Pacific region and to promote capacity development in persons and entities that share an interest in the Asia-Pacific region and the building of networks between them by (a) promoting mutual awareness and understanding of the cultures, histories, religions, philosophies, languages, life styles and aspirations in the Asia-Pacific region and Canada and their effects on each other’s societies; (a.1) promoting dialogue on, and understanding of, foreign policy issues as they relate to Canada and the Asia-Pacific region; (b) supporting development cooperation between organizations, institutions and associations in Canada and in the Asia-Pacific region; (c) promoting collaboration among organizations, institutions and associations in private and public sectors in Canada and in the Asia-Pacific region; (d) promoting closer economic and commercial ties between Canada and the Asia-Pacific region; (e) promoting, in Canada, scholarship in and expertise on economic, cultural, social and other subjects relating to the Asia-Pacific region, and in the Asia-Pacific region, scholarship in and expertise on economic, cultural, social and other subjects relating to Canada; and (f) collecting information and ideas relating to Canada and the Asia-Pacific region and disseminating such information and ideas within Canada and the Asia-Pacific region. R.S., 1985, c. A-13, s. 3; 2005, c. 30, s. 60
Asia-Pacific Foundation of Canada Act — A-13 4
Powers 4 The Foundation has the capacity of a natural person and, without restricting the generality of the foregoing, the Foundation may, (a) initiate, finance and administer programs and activities relevant to its purpose; (b) support, assist and implement programs and activities by government, public or private organizations and agencies or by individuals for the furtherance of its purpose; (c) enter into contracts or agreements with governments, public or private organizations and agencies or with individuals; (d) publish or otherwise disseminate information of all kinds related to its purpose; (e) sponsor or support conferences, seminars and other meetings related to its purpose; (f) establish, maintain and operate information and data centres and facilities for research and other activities related to its purpose; (g) establish and award scholarships or fellowships for study related to its purpose; (h) give recognition, by such means as it deems appropriate, for outstanding contributions to the development of Canada’s relationship with countries of the Asia-Pacific region; (i) acquire and hold real property or any interest therein and sell or otherwise dispose of the same; (j) acquire any property, money or securities by gift, bequest or otherwise, and hold, expend, invest, administer or dispose of any such property, money or securities subject to the terms, if any, on which the property, money or securities is given, bequeathed or otherwise made available to the Foundation; (k) expend, for the purpose of the Foundation, such moneys as may be appropriated by Parliament or by any other government for the activities of the Foundation or received by it through the conduct of its operations; (l) expend, for the purpose of the Foundation, all amounts received by it as grants, contributions and donations of money for its activities; and (m) do such other things as are conducive to the fulfilment of its purpose and to the exercise of its powers. R.S., 1985, c. A-13, s. 4; 2005, c. 30, s. 61
Asia-Pacific Foundation of Canada Act — A-13 5
Capacity in Canada 5 The Foundation may carry on its activities throughout Canada. 1984, c. 12, s. 5
Asia-Pacific Foundation of Canada Act — A-13 6
Extraterritorial capacity 6 The Foundation has the capacity to carry on its activities and affairs and to exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit. 1984, c. 12, s. 6
Asia-Pacific Foundation of Canada Act — A-13 7
Board of Directors 7 The affairs of the Foundation are to be managed by a Board of Directors, in this Act referred to as the “Board”. R.S., 1985, c. A-13, s. 7; 2005, c. 30, s. 62
Asia-Pacific Foundation of Canada Act — A-13 9
Appointment to the Board 9 The Board consists of the following directors: (a) the Chairperson and up to four other directors appointed by the Governor in Council, on the recommendation of the Minister of Foreign Affairs, in this Act referred to as the “Minister”, after the Minister has consulted with the Board; (b) up to eighteen directors appointed by the Board after consultations with the governments of the provinces and any interested individuals, corporations and organizations; and (c) the President of the Foundation appointed under section 17. R.S., 1985, c. A-13, s. 9; 1995, c. 5, s. 25; 2005, c. 30, s. 64; 2010, c. 12, s. 1654
Asia-Pacific Foundation of Canada Act — A-13 10
Appointments from provinces 10 When considering the appointment to the Board under paragraph 9(b) of any person proposed by the government of a province, the Board, subject to the criteria that it may establish for the purpose, is to have regard to the amounts contributed to the Foundation by that province. R.S., 1985, c. A-13, s. 10; 2005, c. 30, s. 65
Asia-Pacific Foundation of Canada Act — A-13 10.1
Representation and experience 10.1 The appointment of directors is to be made from persons whose background or experience would assist the Foundation in the fulfilment of its purpose and having regard to the following considerations: (a) the need to ensure, as far as possible, that at least one half of the membership has experience or expertise concerning relations between Canada and the Asia-Pacific region; (b) the need for a membership that has sufficient knowledge of corporate governance, investment management, auditing and evaluations; and (c) the importance of having membership that is representative of Canadian society. 2005, c. 30, s. 65
Asia-Pacific Foundation of Canada Act — A-13 10.2
Ineligibility 10.2 A person is not eligible to be appointed as a director if the person is a member of the Senate or the House of Commons. 2005, c. 30, s. 65
Asia-Pacific Foundation of Canada Act — A-13 11
Term of office 11 The term of office of every director appointed in accordance with paragraphs 9(a) and (b) may not exceed three years. R.S., 1985, c. A-13, s. 11; 1992, c. 1, s. 7
Asia-Pacific Foundation of Canada Act — A-13 12
Re-appointment 12 Subject to section 20, every director, including the Chairperson, whose term of office has expired is eligible for re-appointment to the Board in the same or another capacity but no person may be appointed to the Board more than three times. R.S., 1985, c. A-13, s. 12; 2005, c. 30, s. 80(E)
Asia-Pacific Foundation of Canada Act — A-13 12.1
Removal from office 12.1 The Chairperson and any director appointed under paragraph 9(a) may be removed for cause by the Governor in Council. Any director appointed under paragraph 9(b) may be removed for cause by the Board. 2005, c. 30, s. 66
Asia-Pacific Foundation of Canada Act — A-13 13
Role of Chairperson 13 The Chairperson shall preside at meetings of the Board and may perform such other duties as are assigned to him by the Board. R.S., 1985, c. A-13, s. 13; 2005, c. 30, s. 80(E)
Asia-Pacific Foundation of Canada Act — A-13 14
Vice-Chairperson 14 The Board may elect from among its members a Vice-Chairperson who, in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, has all the duties and functions of the Chairperson. R.S., 1985, c. A-13, s. 14; 2005, c. 30, s. 80(E)
Asia-Pacific Foundation of Canada Act — A-13 15
Principal office 15 The principal office of the Foundation shall be in Vancouver. 1984, c. 12, s. 15
Asia-Pacific Foundation of Canada Act — A-13 16
Meetings 16 The Board shall meet at such times and places as the Chairperson deems necessary, but it shall meet at least twice in each year, with at least one meeting at the principal office of the Foundation. R.S., 1985, c. A-13, s. 16; 2005, c. 30, s. 80(E)
Asia-Pacific Foundation of Canada Act — A-13 16.1
Directors without voting rights 16.1 A director who is part of the federal public administration does not have the right to vote on any matter before the Board or a committee of the Board. 2005, c. 30, ss. 67, 81(E)
Asia-Pacific Foundation of Canada Act — A-13 16.2
Duty of care 16.2 The Chairperson, the President and every other director of the Foundation, in exercising any of their powers and in discharging any of their duties, shall (a) act honestly and in good faith with a view to the best interests of the Foundation; (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (c) comply with this Act and the by-laws of the Foundation. 2005, c. 30, s. 67
Asia-Pacific Foundation of Canada Act — A-13 16.3
Indemnification 16.3 Except in respect of an action by or on behalf of the Foundation to procure a judgment in its favour, the Foundation may indemnify a present or former Chairperson, President or other director or officer of the Foundation against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is a party by reason of being or having been a director or officer of the Foundation, if (a) he or she acted honestly and in good faith with a view to the best interests of the Foundation; and (b) in the case of a criminal or administrative action or proceeding enforced by a monetary penalty, he or she had reasonable grounds for believing that the impugned conduct was lawful. 2005, c. 30, s. 67
Asia-Pacific Foundation of Canada Act — A-13 16.4
Restriction 16.4 The Board or a committee of the Board may not, for the purpose of making a decision other than a decision to appoint a director under paragraph 9(b), be comprised of a majority of directors appointed under paragraph 9(a) who have the right to vote. 2005, c. 30, s. 67
Asia-Pacific Foundation of Canada Act — A-13 16.5
Delegation by Board 16.5 (1) The Board may delegate to the Chairperson, a committee of directors or an officer of the Foundation any of the powers or rights of the Board. Restrictions on delegation (2) The Board may not, however, delegate any power or right of the Board (a) to make, amend or repeal by-laws; (b) to appoint directors to, or fill vacancies on, a committee of the Board; (c) to appoint officers of the Foundation or fix their remuneration; (d) to accept grants, contributions and donations; or (e) to approve the annual financial statements or annual reports of the Foundation. 2005, c. 30, s. 67
Asia-Pacific Foundation of Canada Act — A-13 16.6
Both official languages to be used 16.6 The Foundation shall offer its services in both official languages. 2005, c. 30, s. 67
Asia-Pacific Foundation of Canada Act — A-13 17
Appointment and role 17 (1) The Board shall appoint a President of the Foundation who shall have supervision over and direction of the activities and staff of the Foundation. Experience, expertise and other qualifications (2) In order to be appointed as President, a person must have experience or expertise concerning relations between Canada and the Asia-Pacific region and must possess any other qualifications specified by the Board. Transparent and competitive process (3) The President must be selected through a transparent and competitive process. R.S., 1985, c. A-13, s. 17; 2005, c. 30, s. 68
Asia-Pacific Foundation of Canada Act — A-13 18
If appointed from Board 18 Where the President is appointed from among the members of the Board, another director may be appointed in his place in accordance with paragraphs 9(a) or (b), as the case may be. R.S., 1985, c. A-13, s. 18; 2005, c. 30, s. 69(F)
Asia-Pacific Foundation of Canada Act — A-13 19
Term of office 19 The term of office of the President may not exceed three years, but the Board may remove the President from office at any time. R.S., 1985, c. A-13, s. 19; 1992, c. 1, s. 8; 2005, c. 30, s. 69(F)
Asia-Pacific Foundation of Canada Act — A-13 20
Re-appointment 20 A President whose term of office has expired is eligible for re-appointment in that capacity but no person may be appointed as President more than three times. R.S., 1985, c. A-13, s. 20; 2005, c. 30, s. 70
Asia-Pacific Foundation of Canada Act — A-13 21
Acting President 21 The Board may authorize any director of the Board or any officer or employee of the Foundation to act as President in the event that the President is absent or incapacitated or if the office of the President is vacant. R.S., 1985, c. A-13, s. 21; 2005, c. 30, s. 71(F)