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RSNL1990 CHAPTER I-13

INTERGOVERNMENTAL AFFAIRS ACT

Amended:

1997 c25; 2017 c9

CHAPTER I-13

AN ACT RESPECTING THE DIRECTION OF
INTERGOVERNMENTAL AFFAIRS IN THE
PROVINCE

Analysis



Short title

        1. This Act may be cited as the Intergovernmental Affairs Act .

1975 No10 s1

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Definitions

        2. In this Act

             (a)  "intergovernmental agreement" means an agreement between the Crown in right of the province and 1 or more of the Crown in right of Canada , the Crown in right of another province and another sovereign government;

             (b)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (c)  "secretariat" means the secretariat referred to in section 3; and

             (d)  "sovereign government" includes the Government of Canada, the government of each of the provinces and territories of Canada , and the government of a foreign country or state.

1975 No10 s2; 1991 c28 s1; 1997 c25 s1

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Secretariat

        3. There shall be a secretariat within Executive Council responsible for intergovernmental affairs.

2017 c9 s1

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Administration

        4. (1) The minister shall direct the administration of the secretariat.

             (2)  In exercising the powers and discharging the duties conferred or imposed on him or her by this Act, the minister shall act under a style of cause that includes reference to intergovernmental affairs.

2017 c9 s2

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Secretariat staff

        5. (1) The Lieutenant-Governor in Council may appoint, to hold office during pleasure, those deputy ministers and assistant deputy ministers that the Lieutenant-Governor in Council considers necessary for the proper conduct of the business of the secretariat.

             (2)  The deputy minister shall be the deputy head of the secretariat.

             (3)  Other officers and employees who are necessary for the proper conduct of the business of the secretariat shall be appointed in the manner authorized by law.

1975 No10 s5; 1981 c4 s50; 1991 c28 s3; 1997 c25 s3; 2017 c9 s3

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Minister's functions

        6. The minister

             (a)  is responsible for the co-ordination of all policies, programs and activities of the government of the province and its agencies in relation to a sovereign government and its agencies;

             (b)  shall conduct a continuing review of

                      (i)  all policies, programs and activities of the government of the province and its agencies in relation to a sovereign government and its agencies,

                     (ii)  all intergovernmental agreements, and

                    (iii)  all relevant legislation pertaining to those policies, programs, activities and agreements;

             (c)  shall be a party to the negotiation of all proposed intergovernmental agreements; and

             (d)  shall take the action that the minister considers necessary to initiate or maintain intergovernmental co-operation between the government of the province and a sovereign government.

1997 c25 s4

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Intergovernmental agreements

        7. Notwithstanding another Act or law, every intergovernmental agreement shall, before it is executed, be submitted to the minister and shall be signed by the minister or his or her designate as well as the minister of the government of the province administering the department to which it relates, and an intergovernmental agreement which is not executed in accordance with this section is not binding on the province or an agency or official of the province.

1997 c25 s5