11.1 – Introduction to Legislation
Overview
There are many legislated Acts that apply to all government departments. The pieces of legislation most significant to WD are the Western Economic Diversification Act, the Financial Administration Act, the Official Languages Act, and the Access to Information and Privacy Acts. The legislation noted in this document applies to:
- the delivery of WD’s mandate to develop the western Canadian economy and advance its interests in Ottawa;
- the collection and expenditure of public funds;
- the status and use of French and English in the Government of Canada; and,
- privacy and access to government information.
Additional Acts and authorities apply, such as those related to management accountability. Information on these is available on the Justice Laws Website.
Western Economic Diversification Act
WD was created by the Western Economic Diversification Act (the WD Act) in 1987. The WD Act establishes WD’s mandate to “promote the development and diversification of the western economy and advance the West’s interests in national economic policy, program and project development and implementation.”
The WD Act defines western Canada as the four western provinces: British Columbia, Alberta, Saskatchewan, and Manitoba. The Act designates Edmonton, Alberta, as the principal office of the Department, and requires that WD have at least one office in each western province.
“The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to the promotion of the development and diversification of the economy of Western Canada and the advancement of the interests of Western Canada in national economic policy, program and project development and implementation.”
The WD Act grants the Minister scope to develop the western economy and advance its interests in Ottawa. This covers all matters under the federal government’s jurisdiction that have not been assigned to other federal bodies.
“(2) The Minister shall
(a) guide, promote and coordinate the policies and programs, including those related to industrial benefits, of the Government of Canada in relation to the development and diversification of the economy of Western Canada;
(b) lead and coordinate the efforts of the Government of Canada to establish cooperative relationships with the provinces constituting Western Canada, business, labour and other public and private organizations for the development and diversification of the economy of Western Canada; and
(c) compile detailed information on all programs and projects undertaken by the Minister for the purpose of measuring trends, development and progress in the development and diversification of the economy of Western Canada.”
To develop the western Canadian economy and advance the interests of the region, the Minister has primary responsibility for:
- program execution, to promote economic prosperity in the West and improve the business environment;
- relationship management, by leading the Government of Canada’s efforts to work with western provinces, business, labour, private, and public organizations; and,
- policy development and implementation, such as plans and strategies, economic research and analysis, and results tracking.
The WD Act also gives the Minister the ability to provide grants and contributions in support of programs and projects in accordance with program terms and conditions approved by the Treasury Board.
Financial Administration Act
The Financial Administration Act (FAA) governs the financial administration of the Government of Canada, which includes:
- receipt and deposit of public money;
- spending and payment authority; and,
- financial transactions.
The Minister is responsible for delegating financial authority. WD will present an authority delegation proposal within 90 days of the Minister’s appointment.
The authority requirements for expenditures are:
Spending Authority
- Expenditure Initiation Authority: the authority to incur an expenditure (to spend funds) or to make an obligation to obtain goods or services that will result in the eventual expenditure of funds.
- Commitment Authority: the authority, according to section 32 of the FAA, to ensure that there is a sufficient unencumbered balance available before entering into a contract or other funding arrangement.
- Transaction Authority: the legal authority to enter into contracts, including acquisition card purchases, and to sign off on legal entitlements.
Financial Authority
- Certification Authority: the authority, according to section 34 of the FAA, to certify contract performance and price, entitlement or eligibility of the payment.
- Payment Authority: the authority to requisition payments after ensuring the payment is a lawful charge according to section 33 of the FAA.
Offical Languages Act
The Official Languages Act (OLA) lays out the rights and responsibilities for official languages in Canada. Under this Act, WD implements its Official Languages (OL) obligations through the delivery of programs and services to Canadians, the management of human resources, and the promotion of English and French, specifically under:
- Part IV: Communications with and Service to the Public;
- Part V: Language of Work;
- Part VI: Participation of English-speaking and French-speaking Canadians; and
- Part VII: Advancement of English and French.
Deputy Heads are accountable to their respective Minister for the application of the OLA. They appoint an Official Languages Champion to promote and support implementation of Parts IV to VII. Currently, Barbara Motzney, the Assistant Deputy Minister, Policy and Strategic Direction, is WD’s Official Languages Champion.
Under Part VII, WD is obligated to take positive measures to support the development of official languages in western Canada.
WD fulfills this commitment by:
- implementing the Economic Development Initiative specifically targeted towards official language minority communities ($600,000 in grants and contributions funding annually);
- providing funding support to the Francophone Economic Development Organizations ($2.18 million annually); and,
- assessing impacts on official languages when delivering programs to western Canadians.
Access to Information and Privacy (ATIP) Acts
The Access to Information Act and the Privacy Act set out rules for how government bodies must deal with personal information of individuals, and disclosure of government records.
- These pieces of legislation require federal government departments to publish annual reports on how they administered their responsibilities under the Acts.
- WD posts these reports on its public website. The department’s reports explain the structure and function of the ATIP unit, data on parliamentary questions answered and ATIP requests received, as well as the time the department took to respond to the requests.
- Departments are required to table their annual reports in both Parliament and the Senate within the first fifteen days of Parliament resuming. Ministerial approval of the 2018-19 reports will be requested from the department prior to their publication.
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