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Statutes of Newfoundland 1993


CHAPTER D-15

CHAPTER D-15.1

AN ACT RESPECTING THE DEPARTMENT OF INDUSTRY, TRADE AND TECHNOLOGY

(Assented to June 18, 1993)

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Powers and duties of minister

7. Consultation and conferences

8. Agreements with governments

9. Agreements generally

10. Agreements amended

11. Agreements made by minister

12. Implementation of agreements

13. Other departments

14. Boards, committees, etc.

15. Minister's powers over boards

16. Regulations

17. Documents

18. Accounts

19. Security

20. Actions

21. Certified copies of documents

22. Property

23. Payments

24. Offences

25. Consent to prosecution

26. Consequential amendments

27. RSN 1990 cD-8 Rep.

Schedule


Short title

1. This Act may be cited as the Department of Industry, Trade and Technology Act.

Definitions

2. In this Act

(a) "department" means the Department of Industry, Trade and Technology constituted by this Act;

(b) "deputy minister" means the Deputy Minister of Industry, Trade and Technology appointed under this Act; and

(c) "minister" means the Minister of Industry, Trade and Technology referred to in section 3.

Department constituted

3. (1) There shall be a department of the government called the Department of Industry, Trade and Technology over which the Minister of Industry, Trade and Technology appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Industry, Trade and Technology.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

Powers and duties of minister

6. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to the development and promotion generally of the growth of manufacturing and technical and service industries in the province, including those related to offshore petroleum development, the responsibility for trade exports and industrial promotion, the attraction of investment, the development and diffusion of technology in the province and the encouragement generally of economic development in all areas of the province, including all matters relating to

(i) the encouragement of the establishment in the province of new industries suited to the needs of the province, and especially industries based on the natural resources and strategic advantages of the province,

(ii) the encouragement of the development of established industries, the diversification of products and the application of modern methods for the production, manufacture and marketing of products,

(iii) the provision of a centralized business analysis service for other departments of government,

(iv) the analyzing and evaluating of requests for financial assistance for establishing or expanding industries, the identifying of problems likely to affect the success of those projects, the conducting of studies to determine the industrial development advantages of the province and its industrial opportunities and the conducting of feasibility studies and cost-benefit analyses and related tasks,

(v) the promoting of the industrial development opportunities of the province by utilizing mass media advertising, preparation and publication of promotional literature, participation in trade fairs, exhibitions and international trade missions and providing guidance and general assistance to industrial prospects regarding the utilization of the provisions of the Regional Development Incentives Act (Canada), the Special Areas Act (Canada) and other Acts of the Parliament of Canada, industrial site location and other related matters,

(vi) the monitoring of the operations of industries receiving financial assistance from the government of the province to the end that the interests of the government are fully protected,

(vii) the creation of a climate conducive to innovation in business and the enhancement of business development through the facilitation of research and development, technology transfer and technology commercialization,

(viii) communications generally, including all matters relating to liaison with a government, agency, corporation, body or person to the end that the communication needs and interests of the province are fully provided and protected, including needs and interests respecting broadcasting of radio and television and telephone and telegraphs, and

(ix) the administration, subject to the Rearrangements and Transfers of Duties in the Public Service Act, of the Acts set out in the Schedule and of all orders and regulations made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not by law or by order of the Lieutenant-Governor in Council assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province, or

(iii) a development corporation or other corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(c) authorizing a person to act on the minister's behalf under an agreement with the Government of Canada or a department, agency or body under the jurisdiction of that government;

(d) the undertaking, promotion or recommendation of measures for the control and direction of matters referred to in paragraph (a);

(e) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in paragraph (a) that may be useful;

(f) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information in relation to matters referred to in paragraph (a) that may be useful;

(g) the study of, reporting on and advising upon the system and administration of matters referred to in paragraph (a);

(h) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in paragraph (a) that is presented or made by an organization or person;

(i) the making of inquiries into and reports upon legislation respecting matters referred to in paragraph (a) in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be considered advisable with regard to the laws of the province;

(j) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(k) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

Consultation and conferences

7. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.

Agreements with governments

8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

Agreements generally

9. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging his or her powers, functions or duties.

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under subparagraph 6(a)(ix) or section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under subparagraph 6(a)(ix) or section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

Implementation of agreements

12. The minister may implement an agreement made under this Act.

Other departments

13. In carrying out a project or research program under this Act or under an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

Boards, committees, etc.

14. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

Minister's powers over boards

15. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

Regulations

16. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

Documents

17. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(4) to exercise the powers and perform the duties of the deputy minister in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

Accounts

18. The minister, the deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

Security

19. The minister, the deputy minister or an officer named by the minister under subsection 4(4) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

Actions

20. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

Certified copies of documents

21. A copy of a map, plan or other document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

Property

22. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise, and hold, manage and control, real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

Payments

23. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

Offences

24. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions that are not 2nd or subsequent convictions are considered 1st convictions.

(3) Every continuance for a day or a part of a day of a contravention referred to in subsection (1) constitutes a separate offence.

Consent to prosecution

25. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

Consequential amendments

26. (1) Paragraph 2(1)(d) of the Co-operative Societies Act is repealed and the following substituted:

(d) "minister" means the Minister of Industry, Trade and Technology;

(2) The Economic Recovery Commission Act is amended by striking out, wherever they occur, the words "Minister of Development" and substituting the words "Minister of Industry, Trade and Technology".

(3) Paragraph 2(c) of the Enterprise Newfoundland and Labrador Corporation Act is repealed and the following substituted:

(c) "minister" means the Minister of Industry, Trade and Technology;

(4) Section 2 of the Industries Act is amended by deleting the word "Development" and by substituting the words "Industry, Trade and Technology".

(5) Paragraph 2(e) of the Research Council Act is repealed and the following substituted:

(e) "minister" means the Minister of Industry, Trade and Technology;

RSN 1990 cD-8 Rep.

27. The Department of Development Act is repealed.

 

Schedule

1. Co-operative Societies Act

2. Enterprise Newfoundland and Labrador Corporation Act

3. Industries Act

4. Research Council Act

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