Marginal note:Short title

1. This Act may be cited as the Defence Production Act.

Marginal note:Definitions

2. In this Act,

“Account”

« compte »

“Account” means the Defence Production Loan Account established under section 18;

“associated government”

« gouvernement associé »

“associated government” means Her Majesty’s Government in the United Kingdom, any other government of the Commonwealth, the government of a country that is a member of the North Atlantic Treaty Organisation or the government of any other country designated by the Governor in Council as being a country the defence of which is vital to the defence of Canada;

“construct”

« construction »

“construct” includes repair, maintain, improve or extend;

“defence contract”

« contrat de défense »

“defence contract” means

• (a) a contract with Her Majesty or an agent of Her Majesty, or with an associated government, that in any way relates to defence supplies or to defence projects or to the designing, manufacturing, producing, constructing, finishing, assembling, transporting, repairing, maintaining, servicing or storing of, or dealing in, defence supplies or defence projects, and

• (b) a defence subcontract;

“defence projects”

« ouvrages de défense »

“defence projects” means buildings, aerodromes, airports, dockyards, roads, defence fortifications or other military works, or works required for the production, maintenance or storage of defence supplies;

“defence subcontract”

« sous-contrat de défense »

“defence subcontract” means a contract or arrangement between any persons whomever,

• (a) to perform all or any part of the work or service or make or furnish any article or material for the purpose of any other defence contract,

• (b) under which any amount payable is contingent on the entry into of any other defence contract or determined with reference to any amount payable under or otherwise by reference to any other defence contract, or

• (c) under which any part of the services performed or to be performed consists of soliciting, attempting to negotiate or negotiating any other defence contract or soliciting or negotiating for the purchase or sale of any articles, materials or services required to fulfil any other defence contract,

and, for greater certainty but not so as to limit the foregoing, for the purposes of this definition the expression “other defence contract” includes a defence subcontract;

“defence supplies”

« matériel de défense »

“defence supplies” means

• (a) arms, ammunition, implements of war, vehicles, mechanical and other equipment, watercraft, amphibious craft, aircraft, animals, articles, materials, substances and things required or used for the purposes of the defence of Canada or for cooperative efforts for defence being carried on by Canada and an associated government,

• (b) ships of all kinds, and

• (c) articles, materials, substances and things of all kinds used for the production or supply of anything mentioned in paragraph (a) or (b) or for the construction of defence projects;

“Department”

« ministère »

“Department” means the Department of Public Works and Government Services;

“government issue”

« fournitures d’État »

“government issue” means machinery, machine tools, equipment or defence supplies furnished by the Minister or by an agent of Her Majesty on behalf of Her Majesty or on behalf of an associated government or acquired or purchased on behalf of Her Majesty or on behalf of an associated government with funds provided by the Minister or by an agent of Her Majesty or by an associated government;

“Minister”

« ministre »

“Minister” means the Minister of Public Works and Government Services;

“order”

« arrêté » ou « décret »

“order” means a general or specific order, requirement, direction or prescription in writing made or issued under this Act or a regulation;

“price”

« prix »

“price” includes rate or charge for any service;

“royalties”

« redevances »

“royalties” includes

• (a) licence fees and all other payments analogous to royalties, whether or not payable under any contract, that are calculated as a percentage of the cost or sale price of defence supplies or as a fixed amount per article produced or that are based on the quantity or number of articles produced or sold or on the volume of business done, and

• (b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent or registered industrial design;

“sale”

« vente »

“sale” includes consignment or other disposition of materials and the supplying of any service.