Bill C-46
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| Fees for
services or use
of facilities
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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.
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| Amount not to
exceed cost
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(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.
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| Fees for
products,
rights and
privileges
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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.
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| Fees in
respect of
regulatory
processes etc.
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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.
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| Amount
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(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.
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| Consultation
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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.
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| Publication
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(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.
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| Reference to
Scrutiny
Committee
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(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.
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| Power to
make
regulations
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22. The Treasury Board may make
regulations for the purposes of section 18, 19,
20 or 21.
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PART V |
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TRANSITIONAL AND RELATED AMENDMENTS, REPEALS AND COMING INTO FORCE |
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Transitional |
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| Positions
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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
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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.
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| Idem
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(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.
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| Definition of
``employee''
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(3) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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| Transfer of
appropria- tions
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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.
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| Transfer of
powers, duties
and functions
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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.
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| Persons
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(2) For the purposes of subsection (1), the
persons are:
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Related Amendments |
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| R.S., c. A-1
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Access to Information Act
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| 1990, c. 1,
s. 24(2)
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26. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading
``Departments and Ministries of State'':
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Department of Industry, Science and
Technology
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27. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments and
Ministries of State'':
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Department of Industry
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| SOR/85-613
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28. Schedule I to the Act is amended by
striking out the following under the heading
``Other Government Institutions'':
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Investment Canada
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| 1990, c. 1,
s. 25(2)
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29. Schedule II to the Act is amended by
striking out the reference to
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Department of Industry, Science and
Technology Act
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and the corresponding reference to
subsection 18(2).
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30. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
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Department of Industry Act
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and a corresponding reference to
subsection 16(2).
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| 1991, c.
11 [c. B-9.01]
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Broadcasting Act
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31. Paragraph 22(1)(b) of the
Broadcasting Act is replaced by the
following:
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| R.S.C. 1970,
c. C-32
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Canada Corporations Act
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32. The definition ``Minister'' in
subsection 3(1) of the Canada Corporations
Act is replaced by the following:
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| ``Minister'' « Ministre »
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``Minister'' means the Minister of Industry;
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| R.S., c. C-35
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Department of Communications Act
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33. Sections 4 and 5 of the Department of
Communications Act are replaced by the
following:
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| Powers, duties
and functions
of Minister
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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.
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| Idem
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5. In exercising the powers and carrying out
the duties and functions assigned by
section 4, the Minister shall
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34. Section 7 of the Act and the heading
before it are repealed.
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| R.S., c. C-37;
1992, c. 1, s.
145 (Sch.
VIII, s. 6)
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Department of Consumer and Corporate
Affairs Act
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35. Subsection 2(3) of the Department of
Consumer and Corporate Affairs Act is
repealed.
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36. Section 4 of the Act is replaced by the
following:
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| Powers, duties
and functions
of Minister
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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.
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37. The portion of subsection 5(1) of the
Act before paragraph (a) is replaced by the
following:
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| Idem re
consumer
affairs
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5. (1) In exercising the powers and carrying
out the duties and functions of the Minister
under this Act, the Minister shall
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38. The heading before section 6 and
sections 6 to 9 of the Act are repealed.
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| 1970-71-72,
c. 56
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Employment Support Act
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39. The definition ``Minister'' in section
2 of the Employment Support Act is replaced
by the following:
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| ``Minister'' « Ministre »
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``Minister'' means the Minister of Industry;
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| R.S., c. F-11
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Financial Administration Act
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| 1990, c. 1,
s. 26(2)
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40. Schedule I to the Financial
Administration Act is amended by striking
out the following:
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Department of Industry, Science and
Technology
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41. Schedule I to the Act is amended by
adding the following in alphabetical order:
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Department of Industry
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| 1992, c. 1,
s. 72
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42. Schedule I.1 to the Act is amended by
striking out the reference in column I to
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Investment Canada
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and the corresponding reference in
column II to the ``Minister of Industry,
Science and Technology''.
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| 1992, c. 1,
s. 72;
SOR/93-538
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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''.
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| R.S., c. 1
(5th Supp.)
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Income Tax Act
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44. The definition ``appropriate
minister'' in subsection 13(21) of the
Income Tax Act is replaced by the following:
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| ``appropriate
minister'' « ministre compétent »
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``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;
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| R.S., c. 28
(1st Supp.)
[c. I-21.8]
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Investment Canada Act
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45. (1) The definition ``Agency'' in
section 3 of the Investment Canada Act is
repealed.
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(2) Section 3 of the Act is amended by
adding the following in alphabetical order:
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| ``Director'' « directeur »
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``Director'' means the Director of Investments
appointed under section 6;
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