Bill C-48

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Royal Assent

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	42-43 ELIZABETH II
	CHAPTER 41
	An Act to establish the Department of Natural Resources and to amend related Acts
	[Assented to 15th December, 1994]
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Department of Natural Resources Act.
	INTERPRETATION
Definitions	2. In this Act,
``Minister'' « Version anglaise seulement »	``Minister'' means the Minister of Natural Resources;
``natural resources'' « ressources naturelles »	``natural resources'' means mines, minerals and other non-renewable resources, energy, including energy developed from water, and forest resources;
``remote sensing'' « télédétection »	``remote sensing'' means the reception and processing of earth observation data acquired by airborne or space-borne systems;
``sustainable development'' « développem ent durable »	``sustainable development'' means development that meets the needs of the present without compromising the ability of future generations to meet their own needs;
``technical surveys'' « levés »	``technical surveys'' has the same meaning as in section 2 of the Resources and Technical Surveys Act.
	ESTABLISHMENT OF THE DEPARTMENT
Department established	3. (1) There is hereby established a department of the Government of Canada called the Department of Natural Resources over which the Minister of Natural Resources, appointed by commission under the Great Seal, shall preside.
Minister	(2) The Minister holds office during pleasure and has the management and direction of the Department.
Deputy head	4. The Governor in Council may appoint an officer called the Deputy Minister of Natural Resources to hold office during pleasure and to be the deputy head of the Department.
	POWERS, DUTIES AND FUNCTIONS OF THE MINISTER
Minister's powers, duties and functions	5. 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
	(a) natural resources;
	(b) explosives; and
	(c) technical surveys relating to any matter other than a matter to which the powers, duties and functions of the Minister of the Environment and the Minister of Fisheries and Oceans extend by law.
General duties	6. In exercising the powers and performing the duties and functions assigned to the Minister by section 5, the Minister shall
	(a) have regard to the sustainable development of Canada's natural resources and the integrated management thereof;
	(b) coordinate, promote, recommend and implement policies with respect to the matters referred to in that section, and programs and practices established pursuant to those policies;
	(c) assist in the development and promotion of Canadian scientific and technological capabilities;
	(d) participate in the development and application of codes and standards for technical surveys and natural resources products and for the management and use of natural resources;
	(e) seek to enhance the responsible development and use of Canada's natural resources and the competitiveness of Canada's natural resources products;
	(f) participate in the enhancement and promotion of market access for Canada's natural resources products and technical surveys industries, both domestically and internationally;
	(g) promote the development and use of remote sensing technology;
	(h) promote cooperation with the governments of the provinces and with non-governmental organizations in Canada, and participate in the promotion of cooperation with the governments of other countries and with international organizations; and
	(i) gather, compile, analyse, coordinate and disseminate information respecting scientific, technological, economic, industrial, managerial, marketing and related activities and developments affecting Canada's natural resources.
	GENERAL
Report required by Governor in Council	7. (1) The Governor in Council may make regulations requiring the Minister to prepare a report respecting any matter related to the Minister's powers, duties and functions.
Tabling of report	(2) The Minister shall cause a copy of any report required by the Governor in Council to be laid before each House of Parliament as soon as practicable after the report is prepared.
	TRANSITIONAL
Positions	8. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Department of Energy, Mines and Resources or in the Department of Forestry, except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Natural Resources under the authority of the Deputy Minister of Natural Resources.
Definition of ``employee''	*(2) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.*
Transfer of appropriations	9. Any amount appropriated, for the fiscal year in which this Act 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 Energy, Mines and Resources or the Department of Forestry, 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 Natural Resources.
Transfer of powers, duties and functions	10. Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Energy, Mines and Resources, the Minister of Forestry, the Deputy Minister of Energy, Mines and Resources, the Deputy Minister of Forestry or any officer of the Department of Energy, Mines and Resources or the Department of Forestry, the power, duty or function is vested in and shall be exercised by the Minister of Natural Resources, the Deputy Minister of Natural Resources or the appropriate officer of the Department of Natural Resources, 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.
	RELATED AMENDMENTS
R.S., c. A-1	Access to Information Act
1989, c. 27, s. 19	*11. 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 Energy, Mines and Resources
	Ministère de l'Énergie, des Mines et des Ressources
	Department of Forestry
	Ministère des Forêts
	*12. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments and Ministries of State'':*
	Department of Natural Resources
	Ministère des Ressources naturelles
R.S., c. 36 (2nd Supp.) [c. C-8.5]	Canada Petroleum Resources Act
	*13. Paragraph (a) of the definition ``Minister'' in section 2 of the Canada Petroleum Resources Act* is replaced by the following:**
	(a) in relation to any lands in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, the Minister of Natural Resources, and
	14. Paragraph 72(c) of the Act is replaced by the following:
	(c) the references therein to the ``Department of National Revenue'' were read as a reference to the ``Department of Natural Resources'' or the ``Department of Indian Affairs and Northern Development'', whichever is applicable in the circumstances;
	15. The definitions ``Fund'' and ``Minister'' in section 75 of the Act are replaced by the following:
``Fund'' « fonds »	``Fund'' means the Environmental Studies Research Fund (NR) established under subsection 76(1) or the Environmental Studies Research Fund (IAND) established under that subsection, or both, as the context requires;
``Minister'' « ministre »	``Minister'' means the Minister of Natural Resources or the Minister of Indian Affairs and Northern Development, or both, as the context requires.
	16. Paragraph 76(1)(a) of the Act is replaced by the following:
	(a) an account under the administrative responsibility of the Minister of Natural Resources, to be known as the Environmental Studies Research Fund (NR), which shall include a sub-account for each prescribed region of frontier lands within the area under that Minister's responsibility; and
	17. The definitions ``Deputy Registrar'' and ``Registrar'' in subsection 84(1) of the Act are replaced by the following:
``Deputy Registrar'' « directeur adjoint »	``Deputy Registrar'' means
	(a) in relation to any area in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, such person as that Minister may designate, and
	(b) in relation to any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for the natural resources therein, such person as that Minister may designate;
``Registrar'' « directeur »	``Registrar'' means
	(a) in relation to any area in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, such person as that Minister may designate, and
	(b) in relation to any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for the natural resources therein, such person as that Minister may designate;
R.S., c. 15 (3rd Supp.) [c. C-15.5]	Canadian Exploration and Development Incentive Program Act
	*18. Section 18 of the Canadian Exploration and Development Incentive Program Act* is replaced by the following:**
Publication of names of recipients	18. The name of a recipient of a payment and the aggregate of payments received by the recipient in a twelve month period may be published by the Minister in a publication of the Department of Natural Resources.
R.S., c. 27 (4th Supp.) [c. C-15.7]	Canadian Exploration Incentive Program Act
	*19. Subsection 20(5) of the Canadian Exploration Incentive Program Act* is replaced by the following:**
Publication of names of recipients	(5) The name of a recipient of an incentive and the aggregate of incentives received by the recipient in a twelve month period may be published by the Minister in a publication of the Department of Natural Resources.

Bill C-48

42-43 ELIZABETH II

CHAPTER 41