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This statute may be reproduced in whole or in part and by any means without further permission. No such reproduction shall indicate that the Government of Canada is in any way responsible for the accuracy or reliability of the reproduction; nor shall any such reproduction indicate that it was made with the endorsement or in affiliation with, the Government of Canada. The legal material on this site has been prepared for convenience of reference only and has no official sanction. For all purposes of interpreting and applying the law, users should consult the Act as passed by Parliament.
An Act to increase opportunity for economic development in Atlantic Canada, to establish the Atlantic Canada Opportunities Agency and Enterprise Cape Breton Corporation and to make consequential and related amendments to other Acts.
[assented to 18th August, 1988]
Her Majesty, by and with the advise and consent of the Senate and House of Commons of Canada, enacts as follows:
Atlantic Canada Opportunities Agency
Enterprise Cape Breton Corporation
Consequential and Related Amendments
Government Organization Act, Atlantic Canada, 1987
R.S., 1985, c. 41 (4th Supp.)
(G-5.7)
An Act to increase opportunity for economic development in Atlantic Canada, to establish the Atlantic Canada Opportunities Agency and Enterprise Cape Breton Corporation and to make consequential and related amendments to other Acts.
(1988, c. 50, assented to
18th August, 1988)
SHORT TITLE
Short Title
1. This Act may be cited as the Government Organization Act, Atlantic Canada, 1987.
PART I
ATLANTIC CANADA OPPORTUNITIES AGENCY
Short Title
Short Title
2. This Part may be cited as the Atlantic Canada Opportunities Agency Act.
Interpretation
Definitions
3. In this Part,
"Agency" means the Atlantic Canada Opportunities Agency established by section 10;
"Atlantic Canada" means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland;
"Board" means the Atlantic Canada Opportunities Board established by section 18;
"designated area" means an area of Atlantic Canada designated by order of the Minister pursuant to section 7;
"Minister" means such member of the Queen's Privy Council for Canada as is appointed by Commission under the Great Seal to be the Minister for the purposes of this Part;
"President" means the President of the Agency appointed pursuant to subsection 11(1).
Purpose
Intention
4. The purpose of this Part is to increase opportunity for economic development in Atlantic
Canada and, more particularly, to enhance the growth of earned incomes and employment
opportunities in that region.
Powers, Duties and Functions of the Minister
The Minister
5. (1) In furtherance of the purpose of this Part, the Minister may exercise powers and perform
duties and functions that affect economic opportunity and development in Atlantic Canada over
which Parliament has jurisdiction and that are not by or pursuant to law assigned to any other
member of the Queen's Privy Council for Canada or to any department, board or agency of the
Government of Canada.
Coordination
(2) The Minister shall coordinate the policies and programs of the Government of Canada in
relation to opportunity for economic development in Atlantic Canada.
Advisory boards
(3) The Minister may establish advisory boards and provide for their membership, duties,
functions and operation.
Expenses
(4) Subject to the approval of the Governor in Council, the Minister may provide for the
payment of reasonable travel and living expenses incurred in the performance of their duties and
functions by members of advisory boards established under subsection (3).
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.
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.
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.
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
Establishment of Agency
10. There is hereby established an agency of the Government of Canada to be known as the
Atlantic Canada Opportunities Agency.
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.
Object, Powers and Duties
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.
Powers
13. In carrying out its object, the Agency may
(a) in concert with other concerned departments and agencies of the Government of Canada,
formulate plans and integrated federal approaches to support opportunity for economic
development of Atlantic Canada;
(b) plan, direct, manage and implement programs and projects intended to contribute directly or
indirectly to
(i) the establishment, development, support and promotion of enterprises, and more particularly
small and medium-sized enterprises, in Atlantic Canada, (ii) the development of entrepreneurial talent in that region, and (iii) the economic prosperity of that region;
(c) plan, direct, manage and implement programs and projects to improve the business
environment in Atlantic Canada, including programs and projects
(i) of support to business associations, conferences, studies, consultations, trade shows,
demonstration projects and market research, (ii) related to the development of business opportunity data banks and networks, (iii) to improve business communication and cooperation, and (iv) to promote scholarship related to business and investment;
(d) assist investors to locate enterprises, and more particularly small and medium-sized
enterprises, in Atlantic Canada, consistent with Atlantic Canada and federal investment
requirements;
(e) make loans to any person with respect to the establishment and development of enterprises,
and more particularly small and medium-sized enterprises, in Atlantic Canada;
(f) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any
financial obligation undertaken by any person in respect of the establishment and development
of enterprises, and more particularly small and medium-sized enterprises, in Atlantic Canada;
(g) in accordance with terms and conditions approved by Treasury Board, make grants and
contributions in support of programs and projects undertaken by the Agency or the Minister;
(h) enter into contracts, memoranda of understanding or other arrangements in the name of Her
Majesty in right of Canada or in the name of the Agency; and
(h.1) enter into an arrangement with the Enterprise Cape Breton Corporation that allows that corporation, within the limits of its objects and powers as set out in sections 33 and 34 of the Enterprise Cape Breton Corporation Act, to exercise the powers or perform the duties or functions of the Agency under this section, including the power to enter into agreements that commit moneys appropriated by Parliament for the purposes of the Agency; and
(i) do all such other things as are necessary or incidental to the attainment of the object of the Agency.
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.
General
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.
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.
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 Board
Establishment of Board
18. (1) There is hereby established a board to be known as the Atlantic Canada Opportunities
Board, consisting of the President and not more than seven other members appointed by the
Governor in Council on the recommendation of the Minister to hold office during pleasure for a
term not exceeding three years.
Object
(2) The object of the Board is to assist the Agency in the exercise of its powers and the
performance of its duties and functions.
Membership
(3) The Board shall include persons from each province in Atlantic Canada.
Chairperson
(4) The President is the Chairperson of the Board, but in the event of the absence of the
President, another member of the Board designated by the President shall act as chairperson of
the Board.
Acting member
(5) In the event of the absence or incapacity of a member of the Board other than the President,
the Minister may designate a person to act as a member, but no person may act as a member for a
period exceeding ninety days without the approval of the Governor in Council.
Re-appointment
(6) A member of the Board other than the President, on the expiration of a first term of office, is
eligible to be re-appointed for one further term only.
Remuneration and expenses
(7) Each member of the Board, other than the President, is entitled to be paid, for each day on
which the member attends a meeting of the Board and for services provided to the Agency other
than at a meeting of the Board, such remuneration as may be fixed by the Governor in Council
and shall be paid reasonable travel and living expenses incurred by the member in the
performance of duties and functions as such.
Meetings
19. (1) The Board shall meet at such times, but at least once in each year, and at such places as the President may select.
Quorum
(2) At a meeting of the Board, four members of the Board, including the President or the member
designated pursuant to subsection 18(4) to act as chairperson at that meeting, constitute a
quorum.
Regulations
Directives
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.
Annual Report
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.
Comprehensive report
(2) The President shall, on or before September 15, 1993 and every five years thereafter, submit
to the Minister a comprehensive report, in addition to the annual report of the Agency, providing
an evaluation of all activities in which the Agency was involved and the impact those activities
have had on regional disparity.
Tabling
(2.1) The Minister shall cause a copy of the comprehensive report to be laid before each House
of Parliament on any of the first fifteen days on which that House is sitting after the Minister
receives it.
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.
Transitional
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.
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.
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).
Enterprise Cape Breton Corporation
25. This Part may be cited as the Enterprise Cape Breton Corporation Act.
Interpretation
Definitions
26. In this Part,
"Board" means the Board of Directors of the Corporation;
"Cape Breton Island" means Cape Breton Island and that portion of the Province of Nova Scotia
within the following described boundary:
beginning at a point on the southwesterly shore of Chedabucto Bay near Red Head, said point
being S70 degrees E (Nova Scotia grid meridian) from Geodetic Station Sand, thence in a
southwesterly direction to a point on the northwesterly boundary of highway 344, said point
being southwesterly 240 feet from the intersection of King Brook with said highway boundary,
thence northwesterly to Crown post 6678, thence continuing northwesterly to Crown post 6679,
7thence continuing northwesterly to Crown post 6680, thence continuing northwesterly to Crown
post 6681, thence continuing northwesterly to Crown post 6632, thence continuing northwesterly
to Crown post 6602, thence northerly to Crown post 8575, thence northerly to Crown post 6599,
thence continuing northerly to Crown post 6600, thence northwesterly to the southwest angle of
the Town of Mulgrave, then along the westerly boundary of the Town of Mulgrave and a
prolongation thereof northerly to the Antigonish-Guysborough county line, thence along said
county line northeasterly to the southwesterly shore of the Strait of Canso, thence following the
southwesterly shore of the Strait of Canso and the northwesterly shore of Chedabucto Bay
southeasterly to the place of beginning;
"Corporation" means the Enterprise Cape Breton Corporation;
"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 the Atlantic Canada Opportunities
Agency Act;
"President" means the President of the Atlantic Canada Opportunities Agency appointed
pursuant to subsection 11(1) of the Atlantic Canada Opportunities Agency Act;
"Vice-President" means the Vice-President of the Corporation appointed pursuant to subsection
28(1).
Corporation Established
Corporation established
27. A corporation is hereby established to be called the Enterprise Cape Breton Corporation,
consisting of a Board of Directors comprised of the President, the Vice-President and five other
directors to be appointed in the manner provided in subsection 28(2).
Vice-President
28. (1) The Vice-President shall be appointed by the Governor in Council for such term as the
Governor in Council deems appropriate and may be removed at any time by the Governor in
Council.
Directors
(2) Each director, other than the President and the Vice-President, shall be appointed by the
Minister, with the approval of the Governor in Council, to hold office for such term, not
exceeding three years, as will ensure, as far as possible, the expiration in any one year of the
terms of office of not more than one-half of the directors, but may be removed at any time by the
Minister, with the approval of the Governor in Council.
Re-appointment
(3) The Vice-President is eligible for re-appointment on the expiration of a term of office, but,
notwithstanding subsection 105(3) of the Financial Administration Act, any other director who
has served two consecutive terms is not, during the twelve months following the completion of a
second term, eligible for appointment except as President or Vice-President.
Vacancy
(4) A vacancy on the Board does not impair the right of the remaining directors to act but where
any such vacancy occurs it shall be filled as soon as practicable by appointment in the manner
provided in this section.
President to preside at meetings
29. The President shall preside at meetings of the Board but in the event of the absence or
incapacity of the President, or if the office of President is vacant, the Vice-President shall preside
at such meetings.
Management vested in President
30. (1) The President is the chief executive officer of the Corporation and has, on behalf of the
Board, the direction and control of the business of the Corporation with authority to act in the
conduct of the business of the Corporation in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the Board.
Vice-President to be chief operating officer
(2) The Vice-President is the chief operating officer of the Corporation and has, on behalf of the
President, the direction and control of the day-to-day operations of the Corporation with
authority to act in the conduct of the business of the Corporation in all matters that are not by
this Part or by the by-laws of the Corporation specifically reserved to be done by the Board or
the President.
Absence or incapacity of Vice-President
(3) In the event of the absence or incapacity of the Vice-President, or if the office of Vice-President is vacant, the Board shall authorize an officer or director of the Corporation to act as
the Vice-President for the time being, but no person so authorized by the Board has authority to
act as Vice-President for a period exceeding sixty days without the approval of the Governor in
Council.
Salaries and fees
31. (1) The Vice-President shall be paid by the Corporation a salary to be fixed by the Governor
in Council and the other directors, other than the President, shall be paid by the Corporation such
fees for attendances at meetings of the Board or any committee thereof as are fixed by the
Governor in Council.
Expenses
(2) Each director other than the President is entitled to be paid by the Corporation such travel
and living expenses incurred in the performance of duties as such as are fixed by by-law of the
Corporation.
Staff
32. (1) The Corporation may employ such officers and employees and technical and professional
advisers as it considers necessary for the proper conduct of its activities.
Remuneration and terms and conditions of employment
(2) The persons employed pursuant to subsection (1) shall be paid by the Corporation such
remuneration as is fixed or provided for by the Board and shall be employed on such terms and
conditions as are fixed or provided for by by-laws of the Corporation.
Objects and Powers
Objects
33. The objects of the Corporation are to promote and assist, either alone or in conjunction with
any person or the Government of Canada or of Nova Scotia or any agency of either of those
governments, the financing and development of industry on Cape Breton Island to provide
employment outside the coal producing industry and to broaden the base of the economy of Cape
Breton Island.
Powers
34. (1) In carrying out its objects, the Corporation may
(a) where a company or person is carrying on or proposing to carry on a business or enterprise
that the Corporation considers is likely to make a substantial contribution to the industrial
development of Cape Breton Island,
(i) lend money, either with or without security and at such rate of interest as the Corporation
considers appropriate or without interest, to the company or person, (ii) make grants to the company or person, (iii) notwithstanding section 91 of the Financial Administration Act, invest in the shares or
securities of the company or person and hold or sell or otherwise dispose of such shares or
securities, or (iv) with the approval of the Governor in Council on the recommendation of the Minister and the
Minister of Finance, guarantee repayment by the company or person of any moneys borrowed by
it or that person and the payment of all or any portion of the interest thereon;
(b) purchase, lease or otherwise acquire any lands or interests therein on Cape Breton Island and
manage, improve, develop or otherwise deal with or administer the same;
(c) sell or otherwise dispose of any lands or interests therein acquired by it for such
consideration as the Corporation thinks fit and for cash or credit or part cash and part credit or
for shares or securities of any company or person carrying on or proposing to carry on a business
or enterprise that the Corporation considers is likely to make a substantial contribution to the
industrial development of Cape Breton Island;
(d) take or hold mortgages, liens or charges to secure payment of the sale price of any lands sold
or disposed of by it or for any unpaid balance of any such sale price and sell or otherwise dispose
of those mortgages, liens or charges;
(e) advertise industrial opportunities on Cape Breton Island both within and outside Canada,
publish and distribute brochures and other similar material and grant prizes and awards for and
make donations and contributions to the effective promotion of the industrial and economic
development of Cape Breton Island; and
(f) do all such other things as the Corporation deems incidental or conducive to the attainment of
its objects.
Cooperation
(2) The Corporation shall, to the greatest possible extent consistent with the performance of its
duties under this Part, consult and cooperate, either directly or, if a committee to coordinate
economic development activities on Cape Breton Island is established pursuant to any agreement
in that behalf between the Governments of Canada and Nova Scotia, through that committee,
with all departments, branches and agencies of the Governments of Canada and Nova Scotia
having duties related to or having aims or objects related to those of the Corporation, and shall
not undertake any action in relation to such objects if that action can be more appropriately
carried out under any other assistance program or can reasonably be carried out without the
assistance of the Corporation.
Directions
(3) The Corporation shall comply with any directions from time to time given to it by the
Minister respecting the exercise of its powers.
Applicable provisions
(4) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such
modifications as the circumstances require, to a direction given under subsection (3) as though it
were a directive referred to in those provisions.
Financial Provisions
Payments by Minister of Finance
35. (1) The Minister of Finance shall, out of the Consolidated Revenue Fund, on the requisition
of the Corporation and the Minister, in accordance with approved budgets of the Corporation,
cause to be paid to the Corporation from time to time as required by it such amounts as may from
time to time be appropriated by Parliament therefor.
Aggregate of guarantees and payments thereon
(2) The aggregate amount outstanding of guarantees given by the Corporation pursuant to
paragraph 34(1)(a) shall not at any time exceed one hundred million dollars, and any amount
required to be paid by the terms of any such guarantee may be paid pursuant to section 29 of the
Financial Administration Act and shall not be included in computing the aggregate of payments
made to the Corporation pursuant to subsection (1).
Administration of funds
36. (1) All moneys received by the Corporation through the conduct of its operations or
otherwise on behalf of or to its credit, including moneys received by the Corporation from Her
Majesty in right of Nova Scotia, whether pursuant to an agreement in that behalf between the
Governments of Canada and Nova Scotia or otherwise, from an agency of Her Majesty in right
of Nova Scotia or from any other person, shall be deposited to the credit of accounts of the
Corporation and, subject to the terms, if any, on which they were received, shall be administered
and expended by the Corporation exclusively in the exercise and performance of the powers,
duties and functions of the Corporation.
Investments
(2) The Corporation may invest any moneys administered by it pursuant to this section in
obligations of or guaranteed by the Government of Canada.
Books of account
(3) The Corporation shall keep proper books of account and records related thereto.
Information on guarantees
37. Each capital budget submitted by the Corporation pursuant to section 124 of the Financial
Administration Act shall include such information regarding any guarantees that the Corporation
proposes to give pursuant to paragraph 34(1)(a) during the fiscal year to which the budget relates
as the Minister may from time to time require.
General
Head office and meetings
38. The head office of the Corporation shall be at Sydney, Nova Scotia, but meetings of the
Board may be held in such other places in Atlantic Canada as the directors may decide.
By-laws
39. The Board may make by-laws
(a) respecting the calling of meetings of the Board;
(b) respecting the conduct of business at meetings of the Board and the establishment of
committees thereof, the delegation of duties to those committees and the fixing of quorums for
meetings of the Board and committees thereof;
(c) fixing the travel and living expenses to be paid to directors other than the President;
(d) respecting the duties and conduct of the directors, officers and employees of the Corporation
and the terms and conditions of employment of officers and employees of the Corporation;
(e) respecting the establishment, management and administration of a pension fund for the Vice-President, the officers and employees of the Corporation and dependants of those persons, the
contributions thereto to be made by the Corporation and the investment of the pension fund
moneys thereof; and
(f) generally for the conduct and management of the affairs of the Corporation.
Agent of Her Majesty
40. Except as provided in subsection 41(1), the Corporation is, for all purposes of this Part, an
agent of Her Majesty in right of Canada.
Persons employed not servants of Her Majesty
41. (1) Persons employed by the Corporation pursuant to subsection 32(1) are not officers or
servants of Her Majesty.
Application of Aeronautics Act
(2) For the purpose of any regulation made pursuant to section 9 of the Aeronautics Act, the
officers and employees of the Corporation shall be deemed to be employed in the public service
of Canada.
Payments in lieu of taxes
42. (1) The Corporation may make grants in lieu of taxes to any municipality on Cape Breton
Island not exceeding the taxes that might be levied by the municipality on the Corporation if the
Corporation were not an agent of Her Majesty.
General expenditures
(2) All expenditures of the Corporation for the payment of which no other provision is made by
this Part shall be paid out of moneys appropriated by Parliament therefor.
Annual report
43. The Corporation shall submit a copy of each annual report of the Corporation prepared in
accordance with section 150 of the Financial Administration Act to the Lieutenant Governor in
Council of Nova Scotia.
Transitional
Continuation
44. (1) The Cape Breton Development Corporation Act and sections 27 to 43 of this Part shall be
construed as if the Industrial Development Division of the Cape Breton Development
Corporation were a separate corporation, in this section referred to as the "continued
corporation", continued as the Enterprise Cape Breton Corporation, in this section referred to as
the "new corporation", established by section 27 of this Part.
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