Bill C-49
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
42-43 ELIZABETH II |
|
|
|
CHAPTER 38 |
|
|
|
An Act to amend the Department of
Agriculture Act and to amend or repeal
certain other Acts
|
|
|
|
[Assented to 24th November, 1994]
|
|
|
|
|
|
| R.S., c. A-9;
1988, c. 65;
1989, c. 27;
1992, c. 1
|
DEPARTMENT OF AGRICULTURE ACT |
|
|
|
1. The long title of the Department of
Agriculture Act is replaced by the following:
|
|
|
|
An Act respecting the Department of
Agriculture and Agri-Food
|
|
|
|
2. Section 1 of the Act is replaced by the
following:
|
|
| Short title
|
1. This Act may be cited as the Department
of Agriculture and Agri-Food Act.
|
|
|
|
3. Subsection 2(1) of the Act is replaced
by the following:
|
|
| Department
established
|
2. (1) There is hereby established a
department of the Government of Canada
called the Department of Agriculture and
Agri-Food over which the Minister of
Agriculture and Agri-Food appointed by
commission under the Great Seal shall
preside.
|
|
|
|
4. Section 3 of the Act is replaced by the
following:
|
|
| Deputy head
|
3. The Governor in Council may appoint an
officer called the Deputy Minister of
Agriculture and Agri-Food to hold office
during pleasure and to be the deputy head of
the Department.
|
|
|
|
5. Paragraphs 4(b) and (c) of the Act are
replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
6. The Act is amended by adding the
following after section 5:
|
|
| Inspection
services
|
5.01 The Minister may designate any
person as an inspector for the purpose of
providing the inspection services that the
Minister considers necessary for the
enforcement of any Act in respect of which the
Minister has any powers, duties or functions.
|
|
| 1992, c. 1,
s. 6
|
7. Section 6 of the Act and the heading
before it are repealed.
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| Positions
|
8. (1) Nothing in this Act shall be
construed as affecting the status of an
employee who, immediately before the
coming into force of this Act, occupied a
position in the Department of Agriculture,
except that the employee shall, on the
coming into force of this Act, occupy that
position in the Department of Agriculture
and Agri-Food under the authority of the
Deputy Minister of Agriculture and
Agri-Food.
|
|
| Definition of
``employee''
|
(2) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
|
|
| Appropria- tions
|
9. Any amount appropriated, for the
fiscal year in which this Act 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
Agriculture and that, on the day on which
this Act 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 Agriculture
and Agri-Food.
|
|
| Transfer of
powers, duties
and functions
|
10. Wherever under any Act, order, rule
or regulation, or any contract, lease, licence
or other document, any power, duty or
function is vested in or exercisable by
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the power, duty or function is vested in and
shall be exercised by
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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, duty or function.
|
|
|
|
RELATED AMENDMENTS |
|
| R.S., c. A-1
|
Access to Information Act |
|
|
|
11. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading
``Departments and Ministries of State'':
|
|
|
|
Department of Agriculture
|
|
|
|
|
|
|
|
12. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments and
Ministries of State'':
|
|
|
|
Department of Agriculture and Agri-Food
|
|
|
|
|
|
| R.S., c. 8 (4th
Supp.)
[c. A-11.2]
|
Animal Pedigree Act |
|
|
|
13. Subparagraph 61(b)(iii) of the Animal
Pedigree Act is replaced by the following:
|
|
|
|
|
|
| R.S., c. C-46
|
Criminal Code |
|
| R.S., c. 47 (1st
Supp.),
s. 1(1)
|
14. Subparagraph 204(1)(c)(i) of the
Criminal Code is replaced by the following:
|
|
|
|
|
|
| R.S., c. F-11
|
Financial Administration Act |
|
|
|
15. Schedule I to the Financial
Administration Act is amended by striking
out the following:
|
|
|
|
Department of Agriculture
|
|
|
|
|
|
|
|
16. Schedule I to the Act is amended by
adding the following in alphabetical order:
|
|
|
|
Department of Agriculture and Agri-Food
|
|
|
|
|
|
| 1992, c. 1,
s. 72; 1993, c.
3, s. 14
|
17. The reference to ``Minister of
Agriculture'' in column II of Schedule I.1
to the Act opposite the reference to
``National Farm Products Council'' in
column I is replaced by a reference to
``Minister of Agriculture and Agri-Food''.
|
|
| R.S., c. F-27
|
Food and Drugs Act |
|
| 1992, c. 1, s.
145 (Sch.
VIII, item
15) (F)
|
18. 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 enforce
ment of this Act under
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1992, c. 1, s.
145 (Sch.
VIII, item
15) (F)
|
19. 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, the Minister of
Agriculture and Agri-Food or the Minister of
Consumer and Corporate Affairs 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, the Minister of
Agriculture and Agri-Food or the Minister of
Consumer and Corporate Affairs 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, the
Minister of Agriculture and Agri-Food or the
Minister of Consumer and Corporate Affairs
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. G-10
|
Canada Grain Act |
|
|
|
20. (1) Paragraph 20(2)(c) of the Canada
Grain Act is replaced by the following:
|
|
|
|
|
|
|
|
(2) Paragraph 20(3)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
| R.S., c. P-21
|
Privacy Act |
|
|
|
21. The schedule to the Privacy Act is
amended by striking out the following
under the heading ``Departments and
Ministries of State'':
|
|
|
|
Department of Agriculture
|
|
|
|
|
|
|
|
22. The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments and
Ministries of State'':
|
|
|
|
Department of Agriculture and Agri-Food
|
|
|
|
|
|
| 1991, c. 30
|
Public Sector Compensation Act |
|
|
|
23. Schedule I to the Public Sector
Compensation Act is amended by striking
out the following under the heading
``Departments'':
|
|
|
|
Department of Agriculture
|
|
|
|
|
|
|
|
24. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments'':
|
|
|
|
Department of Agriculture and Agri-Food
|
|
|
|
|
|