Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
This Act may be cited as the Department of Canadian Heritage Act.
Establishment of the Department
There is hereby established a department of the Government of Canada called the Department of Canadian Heritage over which the Minister of Canadian Heritage, appointed by commission under the Great Seal, shall preside.
The Minister holds office during pleasure and has the management and direction of the Department.
The Governor in Council may appoint an officer called the Deputy Minister of Canadian Heritage to hold office during pleasure and to be the deputy head of the Department.
Powers, Duties and Functions of the Minister
The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to Canadian identity and values, cultural development and heritage.
The Minister’s jurisdiction referred to in subsection (1) encompasses, but is not limited to, jurisdiction over
the promotion of a greater understanding of human rights, fundamental freedoms and related values;
multiculturalism;
the arts, including cultural aspects of the status of the artist;
cultural heritage and industries, including performing arts, visual and audio-visual arts, publishing, sound recording, film, video and literature;
national battlefields;
the encouragement, promotion and development of sport;
the advancement of the equality of status and use of English and French and the enhancement and development of the English and French linguistic minority communities in Canada;
state ceremonial and Canadian symbols;
broadcasting, except in respect of spectrum management and the technical aspects of broadcasting;
the formulation of cultural policy, including the formulation of cultural policy as it relates to foreign investment and copyright;
the conservation, exportation and importation of cultural property;
the organization, sponsorship and promotion of public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada, taking into account the federal character of Canada, the equality of status of the official languages of Canada and the heritage of the people of Canada; and
national museums, archives and libraries.
In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall
initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and values, cultural development and heritage; and
with respect to the Minister’s jurisdiction referred to in paragraph 4(2)(k.1), coordinate the policies and programs of the Government of Canada respecting the organization, sponsorship or promotion by departments of public activities and events related to the National Capital Region as defined in section 2 of the National Capital Act.
Agreements
In exercising the powers and performing the duties and functions under this Act, the Minister may enter into agreements with the government of any province or any agency thereof.
General
To facilitate the implementation of any program of the Minister under this Act, the Minister may
provide financial assistance in the form of grants, contributions and endowments to any person;
subject to the Federal Real Property and Federal Immovables Act and any direction made by the Treasury Board,
acquire or seek to acquire any property by way of gift, bequest or other form of donation, and
subject to the Surplus Crown Assets Act and to the terms and conditions on which the property was acquired, hold, administer, invest, expend, sell, exchange or otherwise dispose of that property; and
make gifts and issue prizes, awards, souvenirs and mementos on behalf of the Department of Canadian Heritage or of any other department.
To promote a greater understanding of human rights, fundamental freedoms and related values, the Minister may take measures to provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional human rights.
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.
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.
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.
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.
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.
The fees that are fixed under section 8, 9 or 10 shall be published once every calendar year in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation and any change in those fees shall be published within thirty days after its effective date in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.
Any fee fixed under section 8, 9 or 10 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.
Transitional
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 position in that portion of the public service in the Department of the Environment referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1489 of June 25, 1993,
a position in that portion of the public service in the Department of National Health and Welfare referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1489 of June 25, 1993,
a position in the Department of the Secretary of State of Canada other than
in the portions referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1484 of June 25, 1993, and
in the portions referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1488 of June 25, 1993, known as the Student Assistance Branch and the Office of the Assistant Under Secretary of State (Social Development and Regional Operations), including the Education Support Branch, except for
the Native Citizens Directorate,
the Canadian Studies and Special Projects Directorate, and
the Youth Participation Directorate,
a position in the Department of Communications other than in the portions referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1487 of June 25, 1993, Order in Council P.C. 1993-1670 of August 18, 1993 and clause (a)(i)(A) of Order in Council P.C. 1993-1484 of June 25, 1993, or
a position in the Department of Multiculturalism and Citizenship,
except that the employee shall, on the coming into force of this subsection, occupy their position in the Department of Canadian Heritage under the authority of the Deputy Minister of Canadian Heritage.
In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.
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 Communications or the Department of Multiculturalism and Citizenship 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 Canadian Heritage.
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 exercisable 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 Canadian Heritage extend by virtue of this Act, that power, duty or function is vested in or exercisable by the Minister of Canadian Heritage, the Deputy Minister of Canadian Heritage or the appropriate officer of the Department of Canadian Heritage, 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.
For the purposes of subsection (1), the persons are
the Minister of the Environment, the Minister of National Health and Welfare, the Minister of State (Multiculturalism and Citizenship), the Minister of Multiculturalism and Citizenship, the Secretary of State of Canada and the Minister of Communications;
the Deputy Minister of the Environment, the Deputy Minister of National Health and Welfare, the Deputy Minister of Multiculturalism and Citizenship, the Under-Secretary of State and the Deputy Minister of Communications; and
any officer of the Department of the Environment, the Department of National Health and Welfare, the Department of Multiculturalism and Citizenship, the Department of the Secretary of State of Canada and the Department of Communications.
Related Amendments
[Amendments]
References
[Amendments]
Every reference made to the Minister of Communications, the Minister of Multiculturalism and Citizenship and the Secretary of State of Canada in relation to any matter to which the powers, duties and functions of the Minister of Canadian Heritage extend by virtue of this Act, in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister of Canadian Heritage.
Every reference made to the Department of Communications, the Department of Multiculturalism and Citizenship or the Department of the Secretary of State of Canada, in relation to any matter to which the powers, duties and functions of the Minister of Canadian Heritage extend by virtue of this Act, in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Department of Canadian Heritage.
Repeals
[Repeals]
Coming into Force
This Act or any provision of this Act or any provision of any Act amended by this Act comes into force on a day or days to be fixed by order of the Governor in Council.[Note: Act in force July 12, 1996, see SI/96-68.]