Bill C-32

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First Reading

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1st Session, 38th Parliament,

53 Elizabeth II, 2004

house of commons of canada

BILL C-32

An Act to amend the Department of Foreign Affairs and International Trade Act and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. E-22; 1995, c. 5, s. 2

DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE ACT

1995, c. 5, s. 1

1. The long title of the Department of Foreign Affairs and International Trade Act is replaced by the following:

An Act respecting the Department of Foreign Affairs

1995, c. 5, s. 2

2. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the Department of Foreign Affairs Act.

1995, c. 5, s. 2

3. Subsection 2(1) of the Act is replaced by the following:

Department continued

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

1995, c. 5, s. 3(F)

4. Section 3 of the Act and the heading before it are replaced by the following:

ADDITIONAL MINISTER

5. Section 5 of the Act is replaced by the following:

Use of departmental services and facilities

5. The Minister for International Cooperation shall, in carrying out his or her responsibilities, act with the concurrence of the Minister and shall make use of the services and facilities of the Department.

1995, c. 5, ss. 5 and 6(F)

6. Sections 8 and 9 of the Act are replaced by the following:

Associate Deputy Ministers

8. (1) The Governor in Council may appoint two Associate Deputy Ministers of Foreign Affairs, each of whom has the rank and status of a deputy head of a department and, under the Deputy Minister, exercises any of the powers and performs any of the duties and functions, as deputies of the Minister and otherwise, that the Minister may specify.

Deputy Minister for Political Affairs

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

1995, c. 5, s. 7(1)(F)

7. (1) Subsection 10(1) of the Act is replaced by the following:

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 development.

1995, c. 5, s. 7(2)(F)

(2) Paragraphs 10(2)(d) and (e) of the Act are replaced by the following:

(d) conduct Canada’s foreign policy and coordinate Canada’s international relations;

1995, c. 5, s. 7(3)

(3) Subsection 10(3) of the Act is replaced by the following:

Programs

(3) The Minister may develop and carry out programs related to his or her powers, duties and functions for the promotion of Canada’s interests abroad, including programs for the provision of assistance for developing countries.

8. The Act is amended by adding the following after section 10.1:

APPROPRIATIONS

Unexpended appropriations

10.2 (1) Subject to subsection (2), the balance of money appropriated by Parliament for the purpose of making capital expenditures of the Department that remains unexpended at the end of a fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.

Appropriation Acts

(2) An appropriation Act may provide that money appropriated by Parliament for the purpose of making capital expenditures of the Department in a fiscal year lapse at the end of it.

1995, c. 5, ss. 8(F) and 9(F)

9. Section 12 of the Act and the heading before it are repealed.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

10. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “De- partments and Ministries of State”:

Department of Foreign Affairs

Ministère des Affaires étrangères

R.S., c. F-11

Financial Administration Act

11. Schedule I to the Financial Administration Act is amended by adding the following in alphabetical order:

Department of Foreign Affairs

Ministère des Affaires étrangères

R.S., c. P-21

Privacy Act

12. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Depart- ments and Ministries of State”:

Department of Foreign Affairs

Ministère des Affaires étrangères

1991, c. 30

Public Sector Compensation Act

13. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading “Departments”:

Department of Foreign Affairs

Ministère des Affaires étrangères

COORDINATING AMENDMENT

Bill C-26

14. If Bill C-26, introduced in the 1st session of the 38th Parliament and entitled the Canada Border Services Agency Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and subsection 13(1) of the other Act, subsection 13(1) of the other Act is replaced by the following:

Agreement

13. (1) Subject to section 38 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization for the purposes of carrying out the mandate of the Agency.

COMING INTO FORCE

Order in council

15. This Act, other than section 14, comes into force on a day to be fixed by order of the Governor in Council, which shall be the same day as that fixed under section 41 of the Department of International Trade Act.

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Department of Foreign Affairs and International Trade Act

Clause 1: Existing text of the long title:

An Act respecting the Department of Foreign Affairs and International Trade

Clause 2: Existing text of section 1:

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

Clause 3: Existing text of subsection 2(1):

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

Clause 4: Existing text of the heading and section 3:

ADDITIONAL MINISTERS

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

Clause 5: Existing text of section 5:

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

Clause 6: Existing text of sections 8 and 9:

8. (1) The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom shall have the rank and status of a deputy head of a department and shall, under the Deputy Minister of Foreign Affairs, exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify.

(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 Political Affairs.

9. The Governor in Council may designate or appoint a person in the public service of Canada as the Coordinator, International Economic Relations who shall have the rank and status of a deputy head of a department and shall, subject to the direction of the Governor in Council, exercise and perform such powers, duties and functions as a deputy of the Minister and otherwise as the Minister may specify.

Clause 7: (1) Existing text of subsection 10(1):

(2) Relevant portion of subsection 10(2):

(2) In exercising his powers and carrying out his duties and functions under this Act, the Minister shall

...

(d) coordinate Canada’s international economic relations;

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

(3) Existing text of subsection 10(3):

(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 provision of assistance for developing countries.

Clause 8: New.

Clause 9: Existing text of the heading and section 12:

MINISTER FOR INTERNATIONAL TRADE

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

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

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

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