Bill C-95

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Second Reading

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R.S., c. F-11	Financial Administration Act
1992, c. 1, s. 145 (Sch. VIII, item 13) (F)	*21. Schedule I to the Financial Administration Act* is amended by striking out the following:**
	Department of Consumer and Corporate Affairs
	Ministère de la Consommation et des Affaires commerciales
	Department of National Health and Welfare
	Ministère de la Santé nationale et du Bien-être social
	22. Schedule I to the Act is amended by adding the following in alphabetical order:
	Department of Health
	Ministère de la Santé
1992, c. 1, s. 72; SI/93-114	23. The references to ``Minister of Consumer and Corporate Affairs'' and ``Minister of National Health and Welfare'' in column II of Schedule I.1 to the Act, opposite the references to ``Hazardous Materials Information Review Commission'' and ``Patented Medicine Prices Review Board'', respectively, in column I, are replaced by references to ``Minister of Health''.
R.S., c. F-27	Food and Drugs Act
1994, c. 38, s. 18; 1995, c. 1, par. 63(2)(b)	*23.1 The definition ``inspector'' in section 2 of the Food and Drugs Act* is replaced by the following:**
``inspector'' « inspecteur »	``inspector'' means any person designated as an inspector for the purpose of the enforcement of this Act under subsection 22(1) of this Act or the Department of Agriculture and Agri-Food Act;
1994, c. 38, s. 19; 1995, c. 1, par. 62(1)(l)	23.2 Section 27 of the Act is replaced by the following:
Destruction with consent	27. (1) Where an inspector has seized an article under this Part and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is thereupon forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
Forfeiture on conviction	(2) Where a person has been convicted of a contravention of this Act or the regulations, the court or judge may order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession of the accused or found with the article, be forfeited and, on the making of the order, the article and thing are forfeited to Her Majesty and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
Order for forfeiture on application of inspector	(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on such notice to such persons as the judge directs, order that the article and any thing of a similar nature found therewith be forfeited to Her Majesty, to be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, if the judge finds, after making such inquiry as the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.
R.S., c. 24 (3rd Supp.), Part III [c. H-2.7]	Hazardous Materials Information Review Act
1992, c. 1, s. 145 (Sch. VIII, item 16)(F)	*24. Paragraphs 46(2)(a) and (b) of the Hazardous Materials Information Review Act* are replaced by the following:**
	(a) any official of the Department of Health
	(i) for the purposes of the administration or enforcement of Part II of the Hazardous Products Act, and
	(ii) for the purpose mentioned in subsection 13(2);
R.S., c. H-3	Hazardous Products Act
1992, c. 1, s. 145 (Sch. VIII, item 17) (F)	*25. The definition ``Minister'' in section 2 of the Hazardous Products Act* is replaced by the following:**
``Minister'' « ministre »	``Minister'' means the Minister of Health;
R.S., c. 24 (3rd Supp.), s. 1	26. Subsection 6(5) of the Act is repealed.
R.S., c. P-21	Privacy Act
1992, c. 1, s. 145 (Sch. VIII, item 24) (F)	*27. The schedule to the Privacy Act* is amended by striking out the following under the heading ``Departments and Ministries of State'':**
	Department of Consumer and Corporate Affairs
	Ministère de la Consommation et des Affaires commerciales
	Department of National Health and Welfare
	Ministère de la Santé nationale et du Bien-être social
	*28. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Departments and Ministries of State'':*
	Department of Health
	Ministère de la Santé
1991, c. 30	Public Sector Compensation Act
	*29. Schedule I to the Public Sector Compensation Act* is amended by striking out the following under the heading ``Departments'':**
	Department of Consumer and Corporate Affairs
	Ministère des Consommateurs et des Sociétés
	Department of National Health and Welfare
	Ministère de la Santé nationale et du Bien-être social
	*30. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments'':*
	Department of Health
	Ministère de la Santé
R.S., c. S-3	Salaries Act
	*31. Section 4 of the Salaries Act* is amended by adding the following:**
	The Minister of Health*cl46,645
	References
	32. (1) The following provisions are amended by replacing the expression ``Minister of Consumer and Corporate Affairs'' or ``Minister of National Health and Welfare'' with the expression ``Minister of Health'':
	*(a) the definition ``Minister'' in section 2 of the Canada Health Act;*
	*(b) paragraph 8(a), subsection 31(2) and section 33 of the Canadian Centre on Substance Abuse Act;*
	*(c) subsections 3(2) and 9(1) and (2) of the Canadian Environmental Protection Act;*
	*(d) paragraph (e) of the definition ``Minister of Health'' in subsection 287(6) of the Criminal Code;*
	*(e) subsection 34(2) and paragraph 34(4)(b) of the Energy Supplies Emergency Act;*
	*(f) subsections 22(1) and 23(1) of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act;*
	*(g) the definition ``Minister'' in section 2 of the Food and Drugs Act;*
	*(h) the definition ``Minister'' in subsection 10(1) of the Hazardous Materials Information Review Act;*
	*(i) subsection 116(1) of the Immigration Act;*
	*(j) paragraph (a) of the definition ``Minister'' in section 2 of the Narcotic Control Act;*
	*(k) the definition ``Minister'' in subsection 79(1) of the Patent Act;*
	*(l) paragraph 3(1)(a) of the Pesticide Residue Compensation Act;*
	*(m) the definition ``Minister'' in section 2 of the Quarantine Act;*
	*(n) the definition ``Minister'' in section 2 of the Radiation Emitting Devices Act;*
	*(o) the definition ``Minister'' in section 2 of the Sports Pool and Loto Canada Winding-Up Act;*
	*(p) the definition ``Minister'' in subsection 2(1) of the Tobacco Products Control Act;*
	*(q) the definition ``Minister'' in section 2 of the Tobacco Sales to Young Persons Act; and*
	*(r) subsection 51(2) of the Trade-marks Act.*
	(2) Every reference to the Minister of Consumer and Corporate Affairs in any order, regulation or other instrument made under the Hazardous Materials Information Review Act or the Hazardous Products Act shall be read as a reference to the Minister of Health unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.
	(3) A reference to the Minister of National Health and Welfare in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall be read as a reference to the Minister of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.
	33. The following provisions are amended by replacing the expression ``Deputy Minister of National Health and Welfare'' with the expression ``Deputy Minister of Health'':
	*(a) section 15 of the Canadian Centre on Substance Abuse Act; and*
	*(b) paragraph 9(b) of the Quarantine Act.*
	34. (1) The following provisions are amended by replacing the expression ``Department of Consumer and Corporate Affairs'' or ``Department of National Health and Welfare'' with the expression ``Department of Health'':
	*(a) the definition ``Department'' in section 2 of the Food and Drugs Act; and*
	*(b) subsection 13(2) of the Hazardous Materials Information Review Act.*
	(2) A reference to the Department of National Health and Welfare in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall be read as a reference to the Department of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to a minister other than the Minister of Health.
	CONDITIONAL AMENDMENTS
Bill C-7	35. If Bill C-7, introduced in the first session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then
	(a) on the later of the day on which section 2 of that Act comes into force and the day on which section 2 of this Act comes into force, the definition ``Minister'' in subsection 2(1) of that Act is replaced by the following:
``Minister'' « ministre »	``Minister'' means the Minister of Health;
	(b) on the later of the day on which section 94 of that Act comes into force and the day on which paragraph 32(1)(j) of this Act comes into force, paragraph 32(1)(j) of this Act is repealed.
Bill C-65	36. If Bill C-65, introduced in the first session of the thirty-fifth Parliament and entitled An Act to reorganize and dissolve certain federal agencies, is assented to, then, on the later of the day on which section 66 of that Act comes into force and the day on which section 2 of this Act comes into force, the definition ``Minister'' in section 66 of that Act is replaced by the following:
``Minister'' « ministre »	``Minister'' means the Minister of Health.
Bill C-84	37. If Bill C-84, introduced in the first session of the thirty-fifth Parliament and entitled An Act to provide for the review, registration, publication and parliamentary scrutiny of regulations and other documents and to make consequential and related amendments to other Acts, is assented to, then, on the later of the coming into force of section 9 of this Act and section 25 of that Act, subsection 9(3) of this Act is replaced by the following:
Reference to Scrutiny Committee	(3) Any fee fixed under any of sections 8 to 10 shall stand referred to a Committee described in section 25 of the Regulations Act to be scrutinized as if it were a regulation.