Vol. 145, No. 25 — December 7, 2011
SI/2011-106 December 7, 2011
CAPE BRETON DEVELOPMENT CORPORATION DIVESTITURE AUTHORIZATION AND DISSOLUTION ACT
Order Fixing December 1, 2011 as the Day on which Sections 18 to 22 of the Act Come into Force
P.C. 2011-1365 November 24, 2011
His Excellency the Governor General in Council, on the recommendation of the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act (see footnote a), pursuant to section 23 of the Cape Breton Development Corporation Divestiture Authorization and Dissolution Act, chapter 23 of the Statutes of Canada, 2000, hereby fixes December 1, 2011, as the day on which sections 18 to 22 of the Cape Breton Development Corporation Divestiture Authorization and Dissolution Act come into force.
(This note is not part of the Order.)
Pursuant to section 23 of the Cape Breton Development Corporation Divestiture Authorization and Dissolution Act (the Act), Governor-in-Council approval is requested to establish December 1, 2011, as the day on which sections 18 to 22 of the Act come into force.
Sections 18 to 22 of the Act provide for consequential amendments to other acts once the Cape Breton Development Corporation (CBDC) is dissolved. By order-in-council, the CBDC was dissolved on December 31, 2009, and its remaining assets and ongoing liabilities were transferred to Enterprise Cape Breton Corporation (ECBC) on January 1, 2010.
The purpose of this Order is to fulfill the purpose of the Act by enacting consequential amendments after the dissolution of the CBDC.
The CBDC was established as a Crown corporation in 1967 pursuant to the Cape Breton Development Corporation Act to conduct coal mining and related operations in the Sydney coalfield.
In January 1999, the Government of Canada announced its decision to close the CBDC’s last operating coal mine and to privatize its remaining assets.
The Cape Breton Development Corporation Divestiture Authorization and Dissolution Act received Royal Assent on June 29, 2000. It is an Act to authorize the divestiture of the assets of, and the dissolution of, the CBDC, to amend the Cape Breton Development Corporation Act and to make consequential amendments to other acts.
Sections 18 to 22 of the Act provide for consequential amendments to other acts once the CBDC is dissolved. They pertain to striking out reference to the CBDC in federal acts and schedules.
In accordance with section 23 of the Act, these sections come into force at a date to be fixed by order of the Governor-in-Council.
Ministerial responsibility for the CBDC was transferred by order-in-council (P.C. 2009-1616, dated September 23, 2009, and published as SI/2009-101), from the Minister of Natural Resources to the minister responsible for the Atlantic Canada Opportunities Agency (ACOA) under the authority of the Cape Breton Development Corporation Act. On December 31, 2009, the CBDC was dissolved (P.C. 2009-1617) and ECBC was authorized to acquire all or substantially all of its assets (P.C. 2009-1618).
ECBC is a federal Crown corporation created pursuant to Part Ⅱ of the Government Organization Act, Atlantic Canada, 1987, also referred to as the Enterprise Cape Breton Corporation Act. Pursuant to section 26 of this Act, the minister responsible for ECBC is the member of the Queen’s Privy Council for Canada as designated by the Governor-in-Council as the minister for the purposes of the Atlantic Canada Opportunities Agency Act.
The Cape Breton Development Corporation Divestiture Authorization and Dissolution Act does not provide for a responsible minister. The Department of Justice, however, has concluded that as a result of the transfer of ministerial responsibility, the minister responsible for ACOA is now responsible for the Act.
Since the dissolution of the CBDC is now complete, the minister wishes to carry out the intention of the legislation by requesting that these consequential amendments be enacted.
The Statutes Repeal Act provides for repeal of legislative provisions that are not brought into force within nine years of their date of Royal Assent. As a result, these consequential amendments will be repealed if not brought into force before December 31, 2011.
No consultations were deemed necessary in relation to this proposal.
Ms. Denise Frenette
Finance and Corporate Services
Atlantic Canada Opportunities Agency
Moncton, New Brunswick
Mr. John Lynn
Chief Executive Officer
Enterprise Cape Breton Corporation
Sydney, Nova Scotia
R.S., c. 41(4th Supp.)