Bill C-18
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45 ELIZABETH II |
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CHAPTER 8 |
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An Act to establish the Department of Health
and to amend and repeal certain Acts
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[Assented to 29th May, 1996]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Department
of Health Act.
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ESTABLISHMENT OF THE DEPARTMENT |
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| Department
established
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2. (1) There is hereby established a
department of the Government of Canada,
called the Department of Health, over which
the Minister of Health, appointed by
commission under the Great Seal, shall
preside.
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| Minister
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(2) The Minister holds office during
pleasure and has the management and
direction of the Department.
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DEPUTY HEAD |
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| Deputy head
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3. The Governor in Council may appoint an
officer, called the Deputy Minister of Health,
to hold office during pleasure and to be the
deputy head of the Department.
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POWERS, DUTIES AND FUNCTIONS OF THE MINISTER |
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| Powers, duties
and functions
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4. (1) The powers, duties and functions of
the Minister extend to and include all matters
over which Parliament has jurisdiction
relating to the promotion and preservation of
the health of the people of Canada not by law
assigned to any other department, board or
agency of the Government of Canada.
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| Particulars
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(2) Without restricting the generality of
subsection (1), the Minister's powers, duties
and functions relating to health include the
following matters:
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| Inspectors and
analysts
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5. The Minister may designate any person
to be an inspector or an analyst for the
purposes of any Act for which the Minister has
responsibility and sections 22 to 29 and 35 of
the Food and Drugs Act apply, with such
modifications as the circumstances require, to
the persons designated pursuant to this
section.
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GENERAL PROVISIONS |
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| Fees for
services or use
of facilities
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6. (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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7. 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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8. (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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9. (1) Before fixing a fee under section 6, 7
or 8, 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) A fee that is fixed under section 6, 7 or
8 shall be published, within thirty days after it
is fixed, 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 6, 7 or 8
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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10. The Treasury Board may make
regulations for the purposes of sections 6 to 9.
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REGULATIONS AND PUNISHMENT |
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| Regulations
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11. (1) The Governor in Council may make
regulations to give effect to and carry out the
objects of this Act.
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| Punishment
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(2) Every person who contravenes a
regulation is guilty of an offence punishable
on summary conviction.
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PROVINCIAL JURISDICTION |
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| Provincial or
municipal
boards not
affected
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12. Nothing in this Act or the regulations
authorizes the Minister or any officer or
employee of the Department to exercise any
jurisdiction or control over any health
authority operating under the laws of any
province.
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TRANSITIONAL PROVISIONS |
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| Positions
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13. (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 that
position in the Department of Health.
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| Definition of
``employee''
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(2) 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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14. 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
National Health and Welfare and that, on
the day on which this section 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 Health.
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| Transfer of
powers, duties
and functions
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15. (1) Wherever, under any Act of
Parliament, any instrument made under an
Act of Parliament or any order, contract,
lease, licence or other document, any
power, duty or function is vested in or may
be exercised or performed 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
Health extend by virtue of this Act, that
power, duty or function is vested in or may
be exercised or performed by the Minister
of Health, the Deputy Minister of Health or
the appropriate officer of the Department
of Health, 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 or perform that 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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| 1992, c. 1, s.
145 (Sch.
VIII, item 1)
(F)
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16. 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 Consumer and Corporate
Affairs
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Department of National Health and Welfare
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17. 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 Health
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| R.S., c. E-9
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Energy Supplies Emergency Act |
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18. Paragraph 34(4)(d) of the Energy
Supplies Emergency Act is replaced by the
following:
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| R.S., c. E-10
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Department of the Environment Act |
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19. Paragraph 4(1)(e) of the Department
of the Environment Act is replaced by the
following:
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| R.S., c. F-8
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Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act |
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20. Paragraph 40(f) of the
Federal-Provincial Fiscal Arrangements
and Federal Post-Secondary Education and
Health Contributions Act is replaced by the
following:
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