Bill C-38

ORGANIZATION AND HEAD OFFICE

10. (1) The Governor in Council is to appoint a President of Shared Services Canada to hold office during pleasure.

(2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure.

11. (1) The President is the deputy head of Shared Services Canada.

(2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated.

12. The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council.

13. The head office of Shared Services Canada is to be in the National Capital Region that is described in the schedule to the National Capital Act.

HUMAN RESOURCES

14. The employees that are necessary for the conduct of Shared Services Canada’s work are to be appointed in accordance with the Public Service Employment Act.

GENERAL

15. For greater certainty, for the purposes of the Access to Information Act, the records of other government institutions as defined in that Act or of other organizations that are, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems are not under the control of Shared Services Canada.

16. For greater certainty, for the purposes of the Privacy Act, personal information that is collected by other government institutions as defined in that Act or by other organizations and that is, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems is not under the control of Shared Services Canada.

TRANSITIONAL PROVISIONS

Definitions

17. The following definitions apply in sections 18 to 20.

“former department” means the portion of the federal public administration known as Shared Services Canada.

“new department” means Shared Services Canada as established by section 4.

Former Department

18. (1) The person occupying the position of President of the former department on the day on which this section comes into force becomes President of the new department on that day and is deemed to have been appointed under subsection 10(1).

(2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former department, except that the employee is, on the coming into force of this section, to occupy that position in the new department.

(3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

19. (1) Any amount that is 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 federal public administration’s charges and expenses for the former department that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.

(2) If a power, duty or function is vested in or exercisable by the former department’s President or an employee of the former department under any Act, order, rule or regulation, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s President or an employee of the new department.

20. (1) A reference to the former department in any of the following is deemed to be a reference to the new department:

(a) Schedule I to the Access to Information Act under the heading “OTHER GOVERNMENT INSTITUTIONS”;

(b) the schedule to the Privacy Act;

(c) any order of the Governor in Council made under subsection 3.2(2) of the Access to Information Act;

(d) any order of the Governor in Council made under subsection 3.1(2) of the Privacy Act;

(e) any order of the Governor in Council made under the definition “department” in subsection 2(1) of the Public Service Employment Act; and

(f) Schedules I.1, IV and VI to the Financial Administration Act.

(2) The designation of a person as deputy head of the former department in any of the following is deemed to be a designation of the President of the new department as deputy head of that department:

(a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and

(b) any order of the Governor in Council made under the definition “deputy head” in subsection 2(1) of the Public Service Employment Act.

Consequential Amendment to the Department of Public Works and Government Services Act

712. Section 9.1 of the Department of Public Works and Government Services Act is replaced by the following:

9.1 Section 9 does not apply to

(a) a department within the meaning of paragraph (c) of the definition “department” in section 2 of the Financial Administration Act; or

Division 56

Assisted Human Reproduction Act

Amendments to the Act

713. (1) The definitions “assisted reproduction procedure”, “consent”, “controlled activity”, “health reporting information” and “licence” in section 3 of the Assisted Human Reproduction Act are repealed.

(2) The definition “Agency” in section 3 of the Act is repealed.

714. The Act is amended by adding the following after section 4:

715. The Act is amended by adding the following after section 4.1:

716. The Act is amended by adding the following after section 9:

717. Section 10 of the Act and the heading before it are repealed.

718. Section 11 of the Act is repealed.

719. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:

12. (1) No person shall, except in accord-ance with the regulations,

(2) Paragraph 12(3)(b) of the Act is replaced by the following:

(b) the reimbursement is made in accordance with the regulations.

720. Sections 13 to 19 of the Act are repealed.

721. Subsection 20(2) of the Act is repealed.

722. The heading before section 21 and sections 21 to 39 of the Act are repealed.

723. The heading before section 40 of the Act is replaced by the following:

ADMINISTRATION AND ENFORCEMENT

724. Sections 40 to 43 of the Act are repealed.

725. (1) Subsection 44(1) of the Act is replaced by the following:

44. (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention.

(2) Subsections 44(2) to (4) of the Act are replaced by the following:

(4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith.

(5) Subsection (4) does not apply to a person who has committed a contravention of this Act.

726. The heading before section 45 of the Act is repealed.

727. Section 46 of the Act is replaced by the following:

46. (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act.

(2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance.

728. (1) Subsection 47(1) of the Act is replaced by the following:

47. (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies.

(2) The portion of subsection 47(2) of the Act before paragraph (b) is replaced by the following:

(2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1),

(a) examine any material or information that is relevant to that purpose;

(3) The portion of subsection 47(3) of the Act before paragraph (b) is replaced by the following:

(3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1),

(a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose;

(4) Paragraph 47(3)(c) of the Act is replaced by the following:

(c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system;

729. Paragraph 48(2)(b) of the Act is replaced by the following:

(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and

730. Subsection 51(1) of the Act is replaced by the following:

51. (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so.

731. Subsection 52(3) of the Act is replaced by the following:

(3) Subject to section 54, an inspector may dispose of material or information forfeited to Her Majesty in any manner that the designated officer, as defined in the regulations, directs.

732. Sections 54 and 55 of the Act are replaced by the following:

54. The designated officer, as defined in the regulations, shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code. Any further measures shall be consistent with the consent of the donor or, if the consent cannot be obtained, shall be in accordance with the regulations.

55. The Minister may designate any person as an analyst for the purpose of the administration and enforcement of this Act.

733. Sections 58 and 59 of the Act are replaced by the following:

58. The Minister may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the administration and enforcement of this Act.

734. The portion of section 60 of the Act before paragraph (a) is replaced by the following:

60. A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and

735. The portion of section 61 of the Act before paragraph (a) is replaced by the following:

61. A person who contravenes any provision of this Act — other than any of sections 5 to 7 and 9 — or of the regulations or an order made under subsection 44(1) is guilty of an offence and

736. Section 64 of the Act is replaced by the following:

64. The Minister may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct.

737. (1) Paragraphs 65(1)(c) to (e) of the Act are replaced by the following:

(e) respecting the reimbursement of expend-itures for the purposes of subsection 12(1), including providing for the expenditures that may be reimbursed;

(2) Paragraphs 65(1)(f) to (m) of the Act are repealed.

(3) Paragraphs 65(1)(n) to (q) of the Act are replaced by the following:

(n) respecting the creation and maintenance of records by any person who

(i) engages in an activity for which written consent is required under section 8,

(4) Paragraphs 65(1)(r) to (w) of the Act are replaced by the following:

(5) Paragraph 65(1)(y) of the English version of the Act is replaced by the following:

(y) for the purposes of subsection 51(1), prescribing the information to be contained in the notice and the time and manner of sending it;

(6) Paragraphs 65(1)(z) to (z.2) of the Act are replaced by the following:

738. The heading before section 68 and sections 68 to 71 of the Act are repealed.

739. Section 76 of the Act and the heading before it are repealed.

Coming into Force of a Provision of the Assisted Human Reproduction Act

740. Despite section 78 of the Assisted Human Reproduction Act, section 44 of that Act, as amended by section 725 of this Act, comes into force on the day on which this Act receives royal assent.

Transitional Provisions

741. The following definitions apply in sections 742 to 745.

“Agency” means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act.

“Her Majesty” means Her Majesty in right of Canada.

742. (1) The members of the board of directors of the Agency cease to hold office on the coming into force of this subsection.

(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the board of directors of the Agency, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.

743. Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment meas-ure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force.

744. (1) All rights and property held by or in the name of or in trust for the Agency and all obligations and liabilities of the Agency are deemed to be rights, property, obligations and liabilities of Her Majesty.

(2) Every reference to the Agency in any deed, contract or other document executed by the Agency in its own name is, unless the context otherwise requires, to be read as a reference to Her Majesty.

(3) The Minister of Health may do and perform all acts and things necessary for and incidental to closing out the affairs of the Agency.

745. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Agency, or by the Minister of Health in closing out the affairs of the Agency, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Agency.

(2) Any action, suit or other legal proceeding to which the Agency is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the same manner and to the same extent as it could have been continued by or against the Agency.

Consequential Amendments

Access to Information Act

746. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Assisted Human Reproduction Agency of Canada

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

Assisted Human Reproduction Act

and by striking out the corresponding reference to “subsection 18(2)”.

Financial Administration Act

748. (1) Schedule II to the Financial Administration Act is amended by striking out the following:

Assisted Human Reproduction Agency of Canada

(2) Schedule IV to the Act is amended by striking out the following under the heading “PORTIONS OF THE CORE PUBLIC ADMINISTRATION”:

Assisted Human Reproduction Agency of Canada

(3) Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Assisted Human Reproduction Agency of Canada

and by striking out the corresponding reference in column II to “President”.

Privacy Act

749. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Assisted Human Reproduction Agency of Canada

Public Service Superannuation Act

750. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Assisted Human Reproduction Agency of Canada

Library and Archives of Canada Act

751. Section 53 of the Library and Archives of Canada Act is repealed.

Human Pathogens and Toxins Act

752. Section 4 of the Human Pathogens and Toxins Act is amended by adding “or” at the end of paragraph (a) by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

Coming into Force

753. (1) Sections 715 and 716, or any provision enacted by section 716, come into force on a day or days to be fixed by order of the Governor in Council.

(2) Subsection 713(2) and sections 721 to 723, 726 and 741 to 751 come into force on a day to be fixed by order of the Governor in Council.