1995, c. 1

[Assented to March 16, 1995]

An Act to establish the Department of Industry and to amend and repeal certain other Acts

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

1. This Act may be cited as the Department of Industry Act.

2. (1) There is hereby established a department of the Government of Canada called the Department of Industry over which the Minister of Industry, appointed by commission under the Great Seal, shall preside.

(2) The Minister holds office during pleasure and has the management and direction of the Department.

(3) The Minister is the Registrar General of Canada.

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

4. (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

(a) industry and technology in Canada;

(b) trade and commerce in Canada;

(c) science in Canada;

(d) consumer affairs;

(e) corporations and corporate securities;

(f) competition and restraint of trade, including mergers and monopolies;

(g) bankruptcy and insolvency;

(h) patents, copyrights, trade-marks, industrial designs and integrated circuit topographies;

(i) standards of identity, packaging and performance in relation to consumer products and services, except in relation to the safety of consumer goods;

(j) legal metrology;

(k) telecommunications, except in relation to

(i) the planning and coordination of telecommunication services for departments, boards and agencies of the Government of Canada, and

(ii) broadcasting, other than in relation to spectrum management and the technical aspects of broadcasting;

(l) the development and utilization generally of communication undertakings, facilities, systems and services for Canada;

(m) investment;

(n) small businesses; and

(o) tourism.

(2) The powers, duties and functions of the Minister also 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 regional economic development in Ontario.

1995, c. 1, s. 4; 2005, c. 26, s. 20.

5. The Minister shall exercise the powers and perform the duties and functions assigned by subsection 4(1) in a manner that will

(a) strengthen the national economy and promote sustainable development;

(b) promote the mobility of goods, services and factors of production and of trade and commerce in Canada;

(c) increase the international competitiveness of Canadian industry, goods and services and assist in the adjustment to changing domestic and international conditions;

(d) encourage the fullest and most efficient and effective development and use of science and technology;

(e) foster and promote science and technology in Canada;

(f) strengthen the framework for the development and efficiency of the Canadian marketplace;

(g) promote the establishment, development and efficiency of Canadian communications systems and facilities and assist in the adjustment to changing domestic and international conditions;

(h) stimulate investment; and

(i) promote the interests and protection of Canadian consumers.

6. In exercising the powers and performing the duties and functions assigned by subsection 4(1), the Minister shall

(a) initiate, recommend, coordinate, direct, promote and implement national policies, programs, projects and practices with respect to the objectives set out in section 5;

(b) collect, gather, by survey or otherwise, compile, analyse, coordinate and disseminate information in respect of matters under the Minister’s administration, as well as in relation to trends and developments, both within and outside Canada, in respect of those matters;

(c) promote, assist and provide support services for, and investment in, Canadian industry, goods, services, science and technology;

(d) promote cooperation with the governments of provinces and their agencies and non-governmental entities in Canada and participate, as appropriate, in the promotion of cooperation with agencies of other nations and international agencies; and

(e) take any action that may be necessary to secure, by international regulation or otherwise, the rights of Canada in communications matters.

7. The Minister shall provide the inspection services for the protection of Canadians that the Minister considers necessary for the enforcement of any Act under the Minister’s administration, or as the Governor in Council may direct the Minister to provide, and may designate any person as an inspector for the purpose of providing those services.

8. The Minister shall exercise the powers and perform the duties and functions assigned by subsection 4(2) in a manner that will

(a) promote economic development in areas of Ontario where low incomes and slow economic growth are prevalent or where opportunities for productive employment are inadequate;

(b) emphasize long-term economic development and sustainable employment and income creation; and

(c) focus on small and medium-sized enterprises and the development and enhancement of entrepreneurial talent.

1995, c. 1, s. 8; 2005, c. 26, s. 22.

9. (1) In exercising the powers and performing the duties and functions assigned by subsection 4(2), the Minister shall, with respect to regional economic development in Ontario,

(a) in cooperation with other concerned ministers and boards and agencies of the Government of Canada, formulate and implement policies, plans and integrated federal approaches;

(b) coordinate the policies and programs of the Government of Canada;

(c) lead and coordinate the activities of the Government of Canada in the establishment of cooperative relationships with Ontario and with business, labour and other public and private bodies; and

(d) collect, gather, by survey or otherwise, compile, analyse, coordinate and disseminate information.

(2) In exercising the powers and performing the same duties and functions, the Minister may

(a) provide and, where appropriate, coordinate services promoting regional economic development in Ontario including services to develop entrepreneurial talent, support local business associations, stimulate investment and support small- and medium-sized enterprises in that province or any part of that province; and

(b) initiate, recommend, coordinate, direct, promote and implement programs and projects in relation to regional economic development in Ontario.

1995, c. 1, s. 9; 2005, c. 26, s. 23.

10. The Governor in Council may make regulations

(a) relating to policies, programs and projects referred to in section 9; and

(b) generally for carrying out the purposes and provisions of sections 8 and 9.

11. (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration.

(2) The Registrar General may appoint one or more Deputy Registrars General from among the officials of the Department and delegate to them such duties and functions as the Registrar General deems appropriate.

(3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records.

1995, c. 1, s. 11; 1999, c. 31, s. 72; 2004, c. 25, s. 131.

12. If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration.

1995, c. 1, s. 12; 2001, c. 4, s. 73; 2004, c. 25, s. 132.

13. (1) Where the Governor in Council is of the opinion that it is in the national interest to do so, the Minister may, in exercising the powers and performing the duties and functions assigned by subsection 4(1), develop and implement programs and projects of special assistance to industries, particular industrial or commercial establishments, organizations, persons who are members of a particular category of persons defined by order of the Governor in Council or particular persons to aid economic development, whether through the restructuring, adjusting, rationalizing, establishing or re-establishing, modernizing, expanding or contracting of an industry or particular industrial or commercial establishment or organization in Canada, or otherwise.

(2) Where the Governor in Council makes an order pursuant to subsection (1), the Governor in Council shall also specify or authorize, as the case may be, the actions described in subsection 14(1).

14. (1) To facilitate the implementation of any program or project of the Minister under this Act, the Minister may

(a) make loans to any person;

(b) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person; and

(c) make grants and contributions to any person.

(2) Subject to any regulations made under subsection (3), the Minister may acquire, exercise, assign or sell a stock option or other financial or similar instrument obtained as a condition under which a loan or contribution was made, guarantee given or loan insurance or credit insurance provided under subsection (1).

(3) The Governor in Council may, on the recommendation of the Minister and 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 section; and

(b) specifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option, or another financial or similar instrument, obtained as a condition under which a loan or contribution was made, guarantee given or loan insurance or credit insurance provided under this section.

(4) For greater certainty, loan insurance or credit insurance provided under subsection (1) constitutes a guarantee for the purposes of the Financial Administration Act.

15. The Minister may, with the approval of the Governor in Council, establish advisory and other committees to advise or assist the Minister or to exercise such powers and perform such duties and functions as the Governor in Council may specify, and may fix the remuneration and expenses to be paid to the members of the committees so established.

16. (1) The Minister of Public Safety and Emergency Preparedness shall, notwithstanding any other Act, on request of the Minister, make available to the Minister copies of invoices and other information collected under the Customs Act on goods imported into Canada and exported from Canada for the purpose of carrying out duties and functions of the Minister under paragraph 6(b).

(2) No person employed in the federal public administration who comes into possession of information made available to the Minister under this section shall disclose any such information relating to a particular person, organization or business unless the disclosure is consented to in writing by the person or organization or the owner of the business.

(3) Notwithstanding subsection (2), in carrying out duties and functions under paragraph 6(b), the Minister may publish lists of names and addresses of some or all importers or exporters of a product or group of products with trade values aggregated in such a manner as to protect the confidentiality of data concerning individual importers or exporters.

1995, c. 1, s. 16; 2003, c. 22, s. 224(E); 2005, c. 38, ss. 142, 145.

17. (1) The Minister, in exercising powers and performing duties and functions under this Act,

(a) shall, where appropriate, make use of the services, facilities, information and expertise of other departments, boards or agencies of the Government of Canada; and

(b) may consult with, and organize conferences of, representatives of provincial governments, business and labour and other public and private entities.

(2) In exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements 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.

18. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

19. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

20. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.

21. (1) Before fixing a fee under section 18, 19 or 20, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

(2) The Minister shall, within 30 days after the date on which the Minister fixes a fee under section 18, 19 or 20, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

(3) Any fee fixed under section 18, 19 or 20 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

22. The Treasury Board may make regulations for the purposes of section 18, 19, 20 or 21.

23. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied

(a) a position in the Department of Industry, Science and Technology, other than in that portion of the Food Products Branch of that Department relating to agri-food processing and manufacturing,

(b) a position in the Department of Consumer and Corporate Affairs, other than in the Product Safety Branch of that Department or in that portion of the Food Division of the Consumer Products Branch of that Department relating to agri-food and labelling, or

(c) a position in that portion of the public service in the Department of Communications referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1487 of June 25, 1993, registered as SI/93-141, or in Order in Council P.C. 1993-1670 of August 18, 1993, registered as SI/93-170,

except that the employee shall, on the coming into force of this subsection, occupy their position in the Department of Industry under the authority of the Deputy Minister of Industry.

(2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied a position in Investment Canada (other than an employee who occupied a position in the Investment Development Division of Investment Canada or who performed duties and functions in connection with that Division), except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Industry under the authority of the Deputy Minister of Industry.

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

24. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Consumer and Corporate Affairs or the Department of Industry, Science and Technology and that, on the day on which this Act comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Industry.

25. (1) Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by any of the persons referred to in subsection (2) in relation to any matter to which the powers, duties and functions of the Minister of Industry extend by virtue of this Act, the power, duty or function is vested in or exercisable by the Minister of Industry, the Deputy Minister of Industry or the appropriate officer of the Department of Industry, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.

(2) For the purposes of subsection (1), the persons are:

(a) the Minister of Consumer and Corporate Affairs, the Minister of Industry, Science and Technology, the Minister responsible for Investment Canada and the Minister of Communications;

(b) the Deputy Minister of Consumer and Corporate Affairs, the Deputy Minister of Industry, Science and Technology, the Deputy Minister of Communications and the President of Investment Canada; and

(c) any officer of the Department of Consumer and Corporate Affairs, the Department of Industry, Science and Technology, the Department of Communications or Investment Canada.

26. to 30. [Amendments]

31. [Amendment]

32. [Amendment]

33. and 34. [Amendments]

35. to 38. [Amendments]

39. [Amendment]

40. to 43. [Amendments]

44. [Amendment]

45. to 51. [Amendments]

52. and 53. [Amendments]

54. to 56. [Amendments]

57. to 59. [Amendments]

60. [Amendment]

61. [Amendments]

62. (1) and (2) [Amendments]

(3) Every reference to the Minister of Consumer and Corporate Affairs or the Minister of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act, the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act, or in any order, regulation or other instrument made under an Act of Parliament, other than those three Acts, shall, unless the context otherwise requires, be read as a reference to the Minister of Industry.

(4) [Amendment]

63. (1) and (2) [Amendments]

(3) Every reference to the Department of Consumer and Corporate Affairs and the Department of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act, the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act, or in any order, regulation or other instrument made under an Act of Parliament, shall, unless the context otherwise requires, be read as a reference to the Department of Industry.

64. to 66. [Repeals]

*67. This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

* [Note: Act in force March 29, 1995, see SI/95-48.]