C-38814470-71Elizabeth II – 1-2 Charles III2021-2022-2023-2024An Act to fast track energy and mining projects and to facilitate the provision of munitions to Ukraine and develop its munitions industryBoosting Canadian Energy and Mining Projects and Ukraine’s Munitions Supply ActBoosting Canadian Energy and Mining Projects and Ukraine’s Munitions Supply Act20245

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Mr. Genuis441362

SUMMARYThis enactment provides for the preparation of a plan to fast track Canadian energy and mining projects.It also amends the Defence Production Act, the Export and Import Permits Act, the Export Development Act and the Business Development Bank of Canada Act to facilitate the provision of munitions to Ukraine by(a)requiring the donation of surplus defence supplies to Ukraine;(b)removing the authority to include on the Export Control List certain munitions if intended for export to Ukraine;(c)extending the General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States to include the export of certain munitions to Ukraine;(d)extending the General Brokering Permit No. 1 to the brokering of certain munitions that are to be imported into Ukraine for end-use in Ukraine; and(e)directing Export Development Canada and the Business Development Bank of Canada to give preference to the development of munitions manufacturing capacity in Ukraine.

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

Short title1This Act may be cited as the Boosting Canadian Energy and Mining Projects and Ukraine’s Munitions Supply Act.

PART 1Plan to Fast Track Energy and Mining Projects

Preparation of plan2(1)Within 60 days after the day on which this Act comes into force, the Minister of Natural Resources must, in collaboration with representatives of the provincial governments responsible for natural resources, prepare a detailed plan to fast track energy and mining projects, including those related to liquefied natural gas and civilian nuclear energy, that includes measures to displace energy exports from hostile countries and support energy cooperation with allies and partners.Publication in the Canada Gazette(2)The Minister of Natural Resources must publish the plan, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that that Minister considers appropriate.

PART 2Provision of Munitions to UkraineR.S., c. D-1Defence Production Act

3The Defence Production Act is amended by adding the following after section 16:

Donation of surplus16.1For as long as any territory of Ukraine is occupied by armed forces of the Russian Federation, the Minister of National Defence must periodically review Canada’s inventory of defence supplies, and the Minister must offer to donate to Ukraine any defence supplies that, in the opinion of the Minister of National Defence, are surplus or no longer useful to Canada.

R.S., c. E-19 Export and Import Permits Act

4Section 3 of the Export and Import Permits Act is amended by adding the following after subsection (2):Export Control List — Ukraine (3)Despite any conditions imposed under subsection (2), any type of munition that is intended for export to the United States and that is excluded from the Export Control List shall not be included on the Export Control List if it is intended for export to Ukraine.

5Section 7 of the Act is amended by adding the following after subsection (1.1):General Permit — Export to Ukraine(1.2)For as long as any permit issued under subsection (1.1) to export any type of munition to the United States is in force, the export of the same type of munition to Ukraine is also permitted, subject to the terms and conditions described in that permit.

6Section 7.1 of the Act is amended by adding the following after subsection (2):General Permit to broker — brokering for Ukraine(3)For as long as is in force any permit issued under subsection (2) to broker any type of munition that is to be imported into any country specified in the permit for end-use in that country, brokering the types of munition specified in that permit that are to be imported into Ukraine for end-use in Ukraine is also permitted, subject to the terms and conditions specified in that permit.

R.S., c. E-20; 2001, c. 33, s.2(F)Export Development Act

7Section 10 of the Export Development Act is amended by adding the following after subsection (1.01):Development of munitions manufacturing capacity in Ukraine(1.011)In carrying out its purpose under paragraph (1)(c), the Corporation shall give preference to the development of munitions manufacturing capacity in Ukraine.

1995, c. 28Business Development Bank of Canada Act

8Section 4 of the Business Development Bank of Canada Act is amended by adding the following after subsection (2): Development of munitions manufacturing capacity in Ukraine(3)Despite subsection (1), the Bank must give preference to supporting projects to develop munitions manufacturing capacity in Ukraine.

9Paragraph 14(5)(b) of the Act is replaced by the following:(b)the investment(i)supports munitions manufacturing capacity in Ukraine, or(ii)is of a category prescribed by the regulations.