Bill C-7

Department of Canadian Heritage Act

Clause 1: (1) Existing text of subsection 4(1):

4. (1) 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 Canadian identity and values, cultural development, heritage and areas of natural or historical significance to the nation.

(2) Relevant portion of subsection 4(2):

(2) The Minister’s jurisdiction referred to in subsection (1) encompasses, but is not limited to, jurisdiction over

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(e) national parks, national historic sites, historic canals, national battlefields, national marine conservation areas, heritage railway stations and federal heritage buildings;

Clause 2: Existing text of section 5:

5. In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and values, cultural development, heritage and areas of natural or historical significance to the nation.

Parks Canada Agency Act

Clause 3: (1) Existing text of the definition:

“Minister” means the Minister of Canadian Heritage.

(2) Relevant portion of the definition:

“heritage protection programs” includes programs that relate to

(a) heritage railway stations and federal heritage buildings that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;

(3) and (4) Relevant portion of the definition:

“other protected heritage areas” includes

(a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;

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(c) any other areas within the jurisdiction of the Minister that relate to areas of Canadian natural or historical significance that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition.

Clause 4: New.

Clause 5: Existing text of section 4:

4. (1) The Minister is responsible for and has the overall direction of the Agency.

(2) The Agency shall comply with any general or special direction given by the Minister with reference to the carrying out of its responsibilities.

(3) Notwithstanding subsection (1), no direction may be given with respect to the matters referred to in section 13.

Clause 6: Relevant portion of subsection 5(3):

(3) Subsection (1) does not include

(a) any power, duty or function of the Minister under this Act;

Canada National Marine Conservation Areas Act

Clause 7: Existing text of the definition:

“Minister” means the Minister of Canadian Heritage.

Canada National Parks Act

Clause 8: Existing text of the definition:

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act.

Canada Shipping Act, 2001

Clause 9: Existing text of subsection 150(2):

(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Canadian Heritage, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

Clause 10: (1) and (2) Relevant portion of subsection 163(2):

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister of Canadian Heritage, make regulations

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(d) authorizing the Minister and the Minister of Canadian Heritage to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

Heritage Railway Stations Protection Act

Clause 11: Existing text of the definition:

“Minister” means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council to act as Minister for the purposes of this Act;

Historic Sites and Monuments Act

Clause 12: Existing text of the definition:

“Minister” means the Minister of Canadian Heritage.

Clause 13: Relevant portion of subsection 4(1):

4. (1) A Board to be called the Historic Sites and Monuments Board of Canada is hereby established, consisting of eighteen members as follows:

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(c) an officer of the Department of Canadian Heritage designated by the Minister; and

Saguenay-St. Lawrence Marine Park Act

Clause 14: Existing text of the definition:

“Minister” means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act.

Species at Risk Act

Clause 15: Relevant portion of the definition:

“competent minister” means

(a) the Minister of Canadian Heritage with respect to individuals in or on federal lands that are administered by that Minister and that are national parks, national historic sites, national marine conservation areas or other protected heritage areas as those expressions are defined in subsection 2(1) of the Parks Canada Agency Act;

Clause 16: Existing text of subsection 7(1):

7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.

Clause 17: Existing text of subsection 8(2):

(2) The Minister, the Minister of Canadian Heritage or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister’s powers or functions under this Act, relating to its enforcement.

Clause 18: Existing text of section 9:

9. (1) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act.

(2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role.

Clause 19: Existing text of subsection 21(2):

(2) The Minister may, after consultation with COSEWIC, the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports.

Clause 20: Existing text of subsection 22(2):

(2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

Clause 21: Existing text of subsection 28(3):

(3) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

Clause 22: Existing text of subsection 41(4):

(4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy.

Clause 23: Existing text of subsection 49(2):

(2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan.

Clause 24: Existing text of subsection 73(10):

(10) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits.

Clause 25: Existing text of section 84:

84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g).

Clause 26: Existing text of sections 121 and 122:

121. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it.

122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister of Canadian Heritage, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.

Clause 27: Relevant portion of subsection 125(1):

125. (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations