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ORGANIZATION AND HEAD OFFICE
President
10. (1) The Governor in Council is to appoint a President of Shared Services Canada to hold office during pleasure.
Executive Vice-president
(2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure.
President
11. (1) The President is the deputy head of Shared Services Canada.
Executive Vice-president
(2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated.
Remuneration
12. The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council.
Head office
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
Appointment of employees
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
Access to Information Act
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.
Privacy Act
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
Definitions
17. The following definitions apply in sections 18 to 20.
“former department”
« ancien ministère »
“former department” means the portion of the federal public administration known as Shared Services Canada.
“new department”
« nouveau ministère »
“new department” means Shared Services Canada as established by section 4.
Former Department
President
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).
Employees
(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.
Definition of “employee”
(3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.
Transfer of appropriations
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.
Transfer of powers, duties and functions
(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.
References
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.
Deputy head
(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.
1996, c. 16
Consequential Amendment to the Department of Public Works and Government Services Act
2007, c. 29, s. 153
712. Section 9.1 of the Department of Public Works and Government Services Act is replaced by the following:
Exception
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
(b) the department that is established under section 4 of the Shared Services Canada Act.
Division 56
2004, c. 2
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:
Non-application
4.1 The Human Pathogens and Toxins Act does not apply in respect of sperm, ova and in vitro embryos to be used for the purpose of assisted human reproduction.
715. The Act is amended by adding the following after section 4.1:
Non-application
4.2 The Food and Drugs Act does not apply in respect of sperm and ova to be used for the purpose of assisted human reproduction.
716. The Act is amended by adding the following after section 9:
Purpose
10. (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease.
Distribution, etc. of gametes
(2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction:
(a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor;
(b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or
(c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother.
Exception
(3) Subsection (2) does not apply if
(a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and
(b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations.
Testing, etc. in respect of gametes
(4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction:
(a) sperm described in paragraph (2)(a);
(b) an ovum described in paragraph (2)(b); or
(c) an ovum described in paragraph (2)(c).
Definition of “common-law partner”
(5) In this section, “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year.
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:
Reimbursement of expenditures
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.
2004, c. 11, s. 53
720. Sections 13 to 19 of the Act are repealed.
721. Subsection 20(2) of the Act is repealed.
2010, c. 12, s. 1656
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:
Taking measures
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:
Personal liability
(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.
Exception
(5) Subsection (4) does not apply to a person who has committed a contravention of this Act.
Statutory Instruments Act
(6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
726. The heading before section 45 of the Act is repealed.
727. Section 46 of the Act is replaced by the following:
Designation of inspectors
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.
Certificates to be produced
(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:
Entry by inspectors
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:
Inspection
(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:
Examination of information
(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:
Application for restoration
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:
Disposal
(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:
Maintaining viable gametes and embryos
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.
Designation of analysts
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:
Agreements for enforcement
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:
Offence and punishment
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:
Offence and punishment
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:
Notice to interested authorities
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:
(c) respecting the tests to be conducted in respect of sperm and ova described in any of paragraphs 10(2)(a) to (c), and the obtaining, preparation, preservation, quarantining, identification, labelling and storage of, and the assessment of the quality of, the sperm and ova;
(d) respecting the testing and screening of, and the assessment of the suitability of, donors described in paragraph 10(3)(b);
(d.1) respecting the disposition of sperm and ova described in any of paragraphs 10(2)(a) to (c);
(d.2) respecting the tracing of sperm and ova described in any of paragraphs 10(2)(a) to (c), including regulations that require
(i) measures to be taken to identify persons who have distributed, made use of or imported the sperm or ova for the purpose of assisted human reproduction, or who are storing any of them for that purpose,
(ii) the communication of information to the persons referred to in subparagraph (i), to the donors of the sperm and ova and to the persons who have undergone assisted human reproduction procedures in which the sperm or ova were used,
(iii) measures to be taken to determine the nature, cause and extent of the risks to human health and safety, and
(iv) measures to be taken in respect of the sperm and ova to reduce those risks;
(d.3) respecting the reporting to the Minister of information with respect to an activity described in section 10;
(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,
(ii) engages in an activity described in section 10, or
(iii) makes a reimbursement under section 12;
(4) Paragraphs 65(1)(r) to (w) of the Act are replaced by the following:
(r) authorizing the Minister, in the manner set out in the regulations, to require any person described in paragraph (n) to provide to the Minister any records that the person is required by the regulations to create or maintain, and any additional information related to the activity described in subparagraph (n)(i), (ii) or (iii), and requiring that person to provide to the Minister those records and that information within the time and in the manner set out in the regulations;
(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:
(z) respecting the further measures referred to in section 54;
(z.1) respecting the giving of consent for the purposes of section 54;
(z.2) defining “designated officer” for the purposes of subsection 52(3) and section 54;
(z.3) exempting any person from the application of section 10, conditionally or unconditionally, in the circumstances provided for in the regulations; and
(z.4) exempting from the application of subsection 12(2), conditionally or unconditionally, in the circumstances provided for in the regulations, any person who reimburses expenditures referred to in the regulations.
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
Royal assent
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
Definitions
741. The following definitions apply in sections 742 to 745.
“Agency”
« Agence »
“Agency” means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act.
“Her Majesty”
« Sa Majesté »
“Her Majesty” means Her Majesty in right of Canada.
Appointments terminated
742. (1) The members of the board of directors of the Agency cease to hold office on the coming into force of this subsection.
No compensation
(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.
Employees of Agency
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.
Rights and obligations transferred
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.
References
(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.
Closing out affairs
(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.
Commencement of legal proceedings
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.
Continuation of legal proceedings
(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
R.S., c. A-1
Access to Information Act
2004, c. 2, s. 72
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
Agence canadienne de contrôle de la procréation assistée
2004, c. 2, s. 73
747. Schedule II to the Act is amended by striking out the reference to
Assisted Human Reproduction Act
Loi sur la procréation assistée
and by striking out the corresponding reference to “subsection 18(2)”.
R.S., c. F-11
Financial Administration Act
2004, c. 2, s. 74
748. (1) Schedule II to the Financial Administration Act is amended by striking out the following:
Assisted Human Reproduction Agency of Canada
Agence canadienne de contrôle de la procréation assistée
SOR/2006-262, s. 1
(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
Agence canadienne de contrôle de la procréation assistée
SOR/2008-18, s. 1
(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
Agence canadienne de contrôle de la procréation assistée
and by striking out the corresponding reference in column II to “President”.
R.S., c. P-21
Privacy Act
2004, c. 2, s. 75
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
Agence canadienne de contrôle de la procréation assistée
R.S., c. P-36
Public Service Superannuation Act
2004, c. 22, s. 77
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
Agence canadienne de contrôle de la procréation assistée
2004, c. 11
Library and Archives of Canada Act
751. Section 53 of the Library and Archives of Canada Act is repealed.
2009, c. 24
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
Order in council
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.
Order 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.