C-4414264-65-66Elizabeth II2015-2016-2017An Act to establish the Invest in Canada HubInvest in Canada ActInvest in Canada Act20196
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I-21.520, s. 4422017[Enacted by section 442 of chapter 20 of the Statutes of Canada, 2017, in force March 12, 2018, see SI/2018-15.]Short TitleShort titleThis Act may be cited as the Invest in Canada Act.InterpretationDefinitionsThe following definitions apply in this Act.Invest in Canada Hub means the corporation established under subsection 4(1). (Investir au Canada)Minister means the member of the Queen’s Privy Council for Canada designated under section 3. (ministre)DesignationDesignation of MinisterThe Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act.Invest in Canada Hub EstablishedInvest in Canada HubA corporation is established to be called the Invest in Canada Hub.Agent of Her MajestyThe Invest in Canada Hub is for all purposes an agent of Her Majesty in right of Canada.Head officeThe head office of the Invest in Canada Hub is to be at a place in Canada that is designated by the Minister.MandateMandateThe Invest in Canada Hub’s mandate, for the purpose of supporting economic prosperity and stimulating innovation in Canada, is topromote foreign direct investment in Canada and attract and facilitate that investment; andcoordinate the efforts of the government, the private sector and other stakeholders with respect to foreign direct investment in Canada.Functions and PowersFunctionsIn carrying out its mandate, the Invest in Canada Hub is todevelop and implement a national strategy to attract foreign direct investment to Canada;create and maintain partnerships with any department, board or agency of any government in Canada, the private sector in Canada or any other Canadian stakeholder with an interest in foreign direct investment in order to optimize the benefits of any programs, resources and services that are offered with respect to foreign direct investment;plan, direct, manage and implement activities, events, conferences and programs to promote Canada as an investment destination;collect, prepare and disseminate information to support the decisions of foreign investors with respect to foreign direct investment in Canada; andprovide services in a coordinated manner to foreign investors with respect to their actual or potential investments in Canada.Powers of Invest in Canada HubWhen carrying out its mandate, the Invest in Canada Hub mayenter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;enter into contracts, agreements, memoranda of understanding or other arrangements with Her Majesty in right of Canada as if it were not an agent of Her Majesty;acquire, hold, administer, dispose of or lease personal property or movables; ordo anything else that it considers necessary or incidental to achieving its mandate, exercising its powers or performing its duties and functions.Title to propertyTitle to property acquired by the Invest in Canada Hub may be held in the name of Her Majesty or in the name of the Invest in Canada Hub.General authorityThe Invest in Canada Hub has authority over all matters relating toits policies with respect to contracts, communications, travel, hospitality, conferences and events and any of its other general administrative policies;its organization;human resources management, including the determination of the terms and conditions of employment of persons whom it employs; andits internal auditing.Non-application of regulations and requirementsDespite the Financial Administration Act, the Invest in Canada Hub is not subject to any regulation or requirement established by the Treasury Board under that Act that relates to any matter referred to in subsection (1), exceptto the extent that the regulation or requirement under that Act relates to financial management; orwith respect to any regulation or requirement as it relates to any matter referred to in paragraphs (1)(a), (b) and (d), to the extent provided by the Governor in Council, by order, on the recommendation of the President of the Treasury Board.Procurement of goods and servicesDespite section 9 of the Department of Public Works and Government Services Act, the Invest in Canada Hub may procure goods and services from outside the federal public administration.Legal servicesHowever, the Invest in Canada Hub may only procure legal services from outside the federal public administration with the approval of the Attorney General of Canada.Legal proceedingsActions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Invest in Canada Hub, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Invest in Canada Hub in its name.MinisterResponsibility of MinisterThe Minister is responsible for the Invest in Canada Hub.Ministerial directionThe Invest in Canada Hub must comply with any general or special direction given by the Minister in carrying out its mandate.Minister’s power of inquiryThe Minister may inquire into any of the Invest in Canada Hub’s activities and require it to provide him or her with any information under its control.ReportsThe Minister may require the Invest in Canada Hub to provide him or her with a report on its activities and operations.Board of DirectorsEstablishment and compositionThe Invest in Canada Hub is to have a board of directors consisting of not more than 11 directors, including a Chairperson and a Vice-Chairperson.Ex officio director — Deputy MinisterThe Deputy Minister of the department for which the Minister is responsible is ex officio a director of the board of directors.AppointmentThe Chairperson, Vice-Chairperson and the other directors, except the Deputy Minister, are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding three years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.ReappointmentA director appointed under subsection (3) is eligible for reappointment in the same or another capacity.Remuneration and expensesA director appointed under subsection (3) is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of their duties under this Act.Role of board of directorsThe board of directors is responsible for supervising and managing the Invest in Canada Hub’s business and affairs and for advising the Minister and the Chief Executive Officer on matters relating to the Invest in Canada Hub’s mandate.By-lawsThe board of directors may make by-laws respecting the conduct of its proceedings and the general conduct of its activities.QuorumA majority of the directors holding office or five directors, whichever is greater, constitutes a quorum of the board of directors.Chairperson and Vice-ChairpersonRole of ChairpersonThe Chairperson presides over meetings of the board of directors and performs any other duties that are assigned to them by the Minister.Acting ChairpersonIn the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-Chairperson acts as Chairperson.Chief Executive OfficerAppointmentThe Chief Executive Officer of the Invest in Canada Hub is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.ReappointmentThe Chief Executive Officer is eligible for reappointment.Remuneration and expensesThe Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.Role of Chief Executive OfficerThe Chief Executive Officer is responsible for the Invest in Canada Hub’s day-to-day operations.Rank of deputy headThe Chief Executive Officer has the rank and the powers of a deputy head of a department.Annual business plan and reportThe Chief Executive Officer must submit to the board of directors, for its approval, an annual business plan and an annual report on the Invest in Canada Hub’s operations and performance during the preceding fiscal year.Acting Chief Executive OfficerIn the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may appoint any person to act as Chief Executive Officer, but that person may only act as Chief Executive Officer for a period exceeding 90 days with the approval of the Governor in Council.Human ResourcesHuman resources managementThe Invest in Canada Hub may, in the exercise of its responsibilities in relation to human resources management,determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;provide for the classification of the Invest in Canada Hub positions and employees;after consulting with the President of the Treasury Board, determine and regulate the pay to which persons employed by the Invest in Canada Hub are entitled for services rendered, the hours of work and leave of those persons and any related matters;provide for the awards that may be made to persons employed by the Invest in Canada Hub for outstanding performance of their duties and for other meritorious achievement in relation to those duties;establish standards of discipline for its employees and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied or may be varied or rescinded in whole or in part;provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed by the Invest in Canada Hub and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part; andprovide for any other matters that the Invest in Canada Hub considers necessary for effective personnel management, including terms and conditions of employment not otherwise specifically provided for in this section.Power to appointThe Invest in Canada Hub has the exclusive authority to appoint any employees, including senior vice-presidents and account executives, that it considers necessary for carrying out its mandate.Group insurance and benefit programsThe Invest in Canada Hub may establish or enter into a contract to acquire group insurance or benefit programs for its employees and may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums, and may audit and make contributions and pay premiums in respect of those programs.Non-application of Financial Administration ActThe Financial Administration Act does not apply to any contributions made or premiums paid by the Invest in Canada Hub or the members in respect of any program established under subsection (1) or any benefits received by the members of such a program.Staffing programThe Invest in Canada Hub must develop a program governing staffing, including the appointment of, and recourse for, employees.Collective agreementsMatters governed by the staffing program are not to be covered by a collective agreement.Negotiation of collective agreementsBefore entering into collective bargaining with the bargaining agent for a bargaining unit composed of the Invest in Canada Hub’s employees, the Invest in Canada Hub must have its negotiating mandate approved by the President of the Treasury Board.Pension — Chief Executive OfficerUnless the Governor in Council otherwise orders, the Chief Executive Officer is deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.Pension — other employeesSenior vice-presidents and account executives are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.CompensationA director appointed under subsection 12(3) and the Chief Executive Officer are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.RELATED PROVISIONS
— 2017, c. 20, s. 443Words and expressionsThe words and expressions used in this section have the same meaning as in the Invest in Canada Act, as enacted by section 442.Powers, duties and functions of Chief Executive OfficerAny power, duty or function of the Invest in Canada Hub under the Invest in Canada Act is vested in or may be performed or exercised by the Chief Executive Officer of the Invest in Canada Hub until the first meeting of the board of directors.Transfer of moneyAny money that is appropriated by an Act of Parliament, for the fiscal year in which section 442 comes into force, to defray any expenditure of the Department of Foreign Affairs, Trade and Development related to the Invest in Canada Hub and that, on the day on which that section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Invest in Canada Hub.