Department of Health Act (S.C. 1996, c. 8)

Act current to 2017-02-28 and last amended on 2006-12-15. Previous Versions

Provincial Jurisdiction

Marginal note:Provincial or municipal boards not affected

 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.

Transitional Provisions

Marginal note:Positions
  •  (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

    • (a) a position in the public service of Canada in the Department of National Health and Welfare, other than in a portion referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1488 of June 25, 1993, registered as SI/93-142, or in clause (a)(i)(B) of Order in Council P.C. 1993-1489 of June 25, 1993, registered as SI/93-143,

    • (b) a position in that portion of the public service of Canada in the Department of Consumer and Corporate Affairs referred to in Order in Council P.C. 1993-1491 of June 25, 1993, registered as SI/93-145, and known as the Product Safety Branch, or

    • (c) a position in those portions of the public service of Canada known as the Family Violence Prevention Division, the Children’s Bureau and attendant Brighter Futures programs, the Community Action Program for Children, HIV/AIDS Research and Development and the Seniors Independence Research Program, and referred to in Order in Council P.C. 1993-1667 of August 11, 1993, registered as SI/93-167,

    except that the employee shall, on the coming into force of this subsection, occupy that position in the Department of Health.

  • Definition of employee

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

Marginal note:Transfer of appropriations

 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.

Marginal note:Transfer of powers, duties and functions
  •  (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.

  • Marginal note:Persons

    (2) For the purposes of subsection (1), the persons are

    • (a) the Minister of National Health and Welfare and the Minister of Consumer and Corporate Affairs;

    • (b) the Deputy Minister of National Health and Welfare and the Deputy Minister of Consumer and Corporate Affairs; and

    • (c) any officer of the Department of National Health and Welfare and the Department of Consumer and Corporate Affairs.

Related Amendments

 [Amendments]

References

  •  (1) [Amendments]

  • (2) Every reference to the Minister of Consumer and Corporate Affairs in any order, regulation or other instrument made under the Hazardous Materials Information Review Act or the Hazardous Products Act shall be read as a reference to the Minister of Health unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.

  • (3) A reference to the Minister of National Health and Welfare in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall be read as a reference to the Minister of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.

 [Amendments]

  •  (1) [Amendments]

  • (2) A reference to the Department of National Health and Welfare in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall be read as a reference to the Department of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to a minister other than the Minister of Health.

Conditional Amendments

 [Amendments]

Repeal

 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

 
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