Fees for services or use of facilities

18. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Amount not to exceed cost

(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Fees for products, rights and privileges

19. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Fees in respect of regulatory processes etc.

20. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Amount

(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.

Consultation

21. (1) Before fixing a fee under section 18, 19 or 20, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

Publication

(2) The Minister shall, within 30 days after the date on which the Minister fixes a fee under section 18, 19 or 20, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

Reference to Scrutiny Committee

(3) Any fee fixed under section 18, 19 or 20 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Power to make regulations

22. The Treasury Board may make regulations for the purposes of section 18, 19, 20 or 21.

PART V

TRANSITIONAL AND RELATED AMENDMENTS, REPEALS AND COMING INTO FORCE

Transitional

Positions

23. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied

    (a) a position in the Department of Industry, Science and Technology, other than in that portion of the Food Products Branch of that Department relating to agri-food processing and manufacturing,

    (b) a position in the Department of Consumer and Corporate Affairs, other than in the Product Safety Branch of that Department or in that portion of the Food Division of the Consumer Products Branch of that Department relating to agri-food and labelling, or

    (c) a position in that portion of the public service in the Department of Communications referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1487 of June 25, 1993, registered as SI/93-141, or in Order in Council P.C. 1993-1670 of August 18, 1993, registered as SI/93-170,

except that the employee shall, on the com ing into force of this subsection, occupy their position in the Department of Indus try under the authority of the Deputy Min ister of Industry.

Idem

(2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied a position in Investment Canada (other than an employee who occupied a position in the Investment Development Division of Investment Canada or who performed duties and functions in connection with that Division), except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Industry under the authority of the Deputy Minister of Industry.

Definition of ``employee''

(3) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Transfer of appropria-
tions

24. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Consumer and Corporate Affairs or the Department of Industry, Science and Technology and that, on the day on which this Act comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Industry.

Transfer of powers, duties and functions

25. (1) Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by any of the persons referred to in subsection (2) in relation to any matter to which the powers, duties and functions of the Minister of Industry extend by virtue of this Act, the power, duty or function is vested in or exercisable by the Minister of Industry, the Deputy Minister of Industry or the appropriate officer of the Department of Industry, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.

Persons

(2) For the purposes of subsection (1), the persons are:

    (a) the Minister of Consumer and Corporate Affairs, the Minister of Industry, Science and Technology, the Minister responsible for Investment Canada and the Minister of Communications;

    (b) the Deputy Minister of Consumer and Corporate Affairs, the Deputy Minister of Industry, Science and Technology, the Deputy Minister of Communications and the President of Investment Canada; and

    (c) any officer of the Department of Consumer and Corporate Affairs, the Department of Industry, Science and Technology, the Department of Communications or Investment Canada.

Related Amendments

R.S., c. A-1

Access to Information Act

1990, c. 1, s. 24(2)

26. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Departments and Ministries of State'':

Department of Industry, Science and Technology

    Ministère de l'Industrie, des Sciences et de la Technologie

27. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments and Ministries of State'':

Department of Industry

    Ministère de l'Industrie

SOR/85-613

28. Schedule I to the Act is amended by striking out the following under the heading ``Other Government Institutions'':

Investment Canada

    Investissement Canada

1990, c. 1, s. 25(2)

29. Schedule II to the Act is amended by striking out the reference to

Department of Industry, Science and Technology Act

    Loi sur le ministère de l'Industrie, des Sciences et de la Technologie

and the corresponding reference to subsection 18(2).

30. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Department of Industry Act

    Loi sur le ministère de l'Industrie

and a corresponding reference to subsection 16(2).

1991, c. 11 [c. B-9.01]

Broadcasting Act

31. Paragraph 22(1)(b) of the Broadcasting Act is replaced by the following:

    (b) subject to subsection (2), unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence

      (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and

      (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence.

R.S.C. 1970, c. C-32

Canada Corporations Act

32. The definition ``Minister'' in subsection 3(1) of the Canada Corporations Act is replaced by the following:

``Minister''
« Ministre »

``Minister'' means the Minister of Industry;

R.S., c. C-35

Department of Communications Act

33. Sections 4 and 5 of the Department of Communications Act are replaced by the following:

Powers, duties and functions of Minister

4. The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction not by law assigned to another department, board or agency of the Government of Canada, relating to broadcasting, except in relation to spectrum management and the technical aspects of broadcasting.

Idem

5. In exercising the powers and carrying out the duties and functions assigned by section 4, the Minister shall

    (a) recommend, coordinate and promote national policies and programs with respect to broadcasting services for Canada;

    (b) assist the Canadian broadcasting industry to adjust to changing domestic and international conditions;

    (c) compile and keep up to date detailed information in respect of the broadcasting industry and of trends and developments in Canada and abroad relating to broadcasting matters; and

    (d) take such action as may be necessary to secure the rights of Canada in broadcasting matters.

34. Section 7 of the Act and the heading before it are repealed.

R.S., c. C-37; 1992, c. 1, s. 145 (Sch. VIII, s. 6)

Department of Consumer and Corporate Affairs Act

35. Subsection 2(3) of the Department of Consumer and Corporate Affairs Act is repealed.

36. Section 4 of the Act is replaced by the following:

Powers, duties and functions of Minister

4. The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to another department, board or agency of the Government of Canada, relating to standards of identity, packaging and performance in relation to the safety of consumer products.

37. The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

Idem re consumer affairs

5. (1) In exercising the powers and carrying out the duties and functions of the Minister under this Act, the Minister shall

38. The heading before section 6 and sections 6 to 9 of the Act are repealed.

1970-71-72, c. 56

Employment Support Act

39. The definition ``Minister'' in section 2 of the Employment Support Act is replaced by the following:

``Minister''
« Ministre »

``Minister'' means the Minister of Industry;

R.S., c. F-11

Financial Administration Act

1990, c. 1, s. 26(2)

40. Schedule I to the Financial Administration Act is amended by striking out the following:

Department of Industry, Science and Technology

    Ministère de l'Industrie, des Sciences et de la Technologie

41. Schedule I to the Act is amended by adding the following in alphabetical order:

Department of Industry

    Ministère de l'Industrie

1992, c. 1, s. 72

42. Schedule I.1 to the Act is amended by striking out the reference in column I to

Investment Canada

    Investissement Canada

and the corresponding reference in column II to the ``Minister of Industry, Science and Technology''.

1992, c. 1, s. 72; SOR/93-538

43. The references to ``Minister of Consumer and Corporate Affairs'' or ``Minister of Industry, Science and Technology'' in column II of Schedule I.1 to the Act, opposite the references to ``Canadian Space Agency'', ``Copyright Board'', ``Procurement Review Board'', ``Registry of the Competition Tribunal'' and ``Statistics Canada'', are replaced by a reference to ``Minister of Industry''.

R.S., c. 1 (5th Supp.)

Income Tax Act

44. The definition ``appropriate minister'' in subsection 13(21) of the Income Tax Act is replaced by the following:

``appropriate minister''
« ministre compétent »

``appropriate minister'' means the Canadian Maritime Commission, the Minister of Industry, Trade and Commerce, the Minister of Regional Industrial Expansion, the Minister of Industry, Science and Technology or the Minister of Industry or any other minister or body that was or is legally authorized to perform the act referred to in the provision in which this expression occurs at the time the act was or is performed;

R.S., c. 28 (1st Supp.) [c. I-21.8]

Investment Canada Act

45. (1) The definition ``Agency'' in section 3 of the Investment Canada Act is repealed.

(2) Section 3 of the Act is amended by adding the following in alphabetical order:

``Director''
« directeur »

``Director'' means the Director of Investments appointed under section 6;