Department of Industry Act (S.C. 1995, c. 1)

Marginal note:Committees

15 The Minister may, with the approval of the Governor in Council, establish advisory and other committees to advise or assist the Minister or to exercise such powers and perform such duties and functions as the Governor in Council may specify, and may fix the remuneration and expenses to be paid to the members of the committees so established.

Marginal note:Access to certain information

• 16 (1) The Minister of Public Safety and Emergency Preparedness shall, notwithstanding any other Act, on request of the Minister, make available to the Minister copies of invoices and other information collected under the Customs Act on goods imported into Canada and exported from Canada for the purpose of carrying out duties and functions of the Minister under paragraph 6(b).

• Marginal note:Confidentiality

  (2) No person employed in the federal public administration who comes into possession of information made available to the Minister under this section shall disclose any such information relating to a particular person, organization or business unless the disclosure is consented to in writing by the person or organization or the owner of the business.

• Marginal note:Exception

  (3) Notwithstanding subsection (2), in carrying out duties and functions under paragraph 6(b), the Minister may publish lists of names and addresses of some or all importers or exporters of a product or group of products with trade values aggregated in such a manner as to protect the confidentiality of data concerning individual importers or exporters.

Marginal note:Further duties

• 17 (1) The Minister, in exercising powers and performing duties and functions under this Act,

  • (a) shall, where appropriate, make use of the services, facilities, information and expertise of other departments, boards or agencies of the Government of Canada; and

  • (b) may consult with, and organize conferences of, representatives of provincial governments, business and labour and other public and private entities.

• Marginal note:Other powers

  (2) 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, or with any other entity or person, and may make disbursements up to an amount equal to the aggregate of the amounts to be contributed by all parties to the agreement, even before those amounts have been contributed.

Marginal note:Fees for services or use of facilities

• 18 (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.

• Marginal note:Amount not to exceed cost

  (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.

Marginal note:Fees for products, rights and privileges

19 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.

Marginal note:Fees in respect of regulatory processes etc.

• 20 (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.

• Marginal note:Amount

  (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.

Marginal note:Consultation

• 21 (1) Before fixing a fee under section 18, 19 or 20, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

• Marginal note:Publication

  (2) The Minister shall, within 30 days after the date on which the Minister fixes a fee under section 18, 19 or 20, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

• Marginal note:Reference to Scrutiny Committee

  (3) Any fee fixed under section 18, 19 or 20 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.

Marginal note:Power to make regulations

22 The Treasury Board may make regulations for the purposes of section 18, 19, 20 or 21.

PART VTransitional and Related Amendments, Repeals and Coming into Force

Transitional

Marginal note:Positions

• 23 (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 Department of Industry, Science and Technology, other than in that portion of the Food Products Branch of that Department relating to agri-food processing and manufacturing,

  • (b) a position in the Department of Consumer and Corporate Affairs, other than in the Product Safety Branch of that Department or in that portion of the Food Division of the Consumer Products Branch of that Department relating to agri-food and labelling, or

  • (c) a position in that portion of the public service in the Department of Communications referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1487 of June 25, 1993, registered as SI/93-141, or in Order in Council P.C. 1993-1670 of August 18, 1993, registered as SI/93-170,

  except that the employee shall, on the coming into force of this subsection, occupy their position in the Department of Industry under the authority of the Deputy Minister of Industry.

• Marginal note:Idem

  (2) 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 Investment Canada (other than an employee who occupied a position in the Investment Development Division of Investment Canada or who performed duties and functions in connection with that Division), except that the employee shall, on the coming into force of this Act, occupy their position in the Department of Industry under the authority of the Deputy Minister of Industry.

• Marginal note:Definition of “employee”

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

Marginal note:Transfer of appropriations

24 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 Consumer and Corporate Affairs or the Department of Industry, Science and Technology 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 Industry.

Marginal note:Transfer of powers, duties and functions

• 25 (1) Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a 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 Industry extend by virtue of this Act, the power, duty or function is vested in or exercisable by the Minister of Industry, the Deputy Minister of Industry or the appropriate officer of the Department of Industry, 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.

• Marginal note:Persons

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

  • (a) the Minister of Consumer and Corporate Affairs, the Minister of Industry, Science and Technology, the Minister responsible for Investment Canada and the Minister of Communications;

  • (b) the Deputy Minister of Consumer and Corporate Affairs, the Deputy Minister of Industry, Science and Technology, the Deputy Minister of Communications and the President of Investment Canada; and

  • (c) any officer of the Department of Consumer and Corporate Affairs, the Department of Industry, Science and Technology, the Department of Communications or Investment Canada.

Related Amendments

Access to Information Act

26 to 30 [Amendments]

Broadcasting Act

31 [Amendment]

Canada Corporations Act

32 [Amendment]

Department of Communications Act

33 and 34 [Amendments]

Department of Consumer and Corporate Affairs Act

35 to 38 [Amendments]

Employment Support Act

39 [Amendment]

Financial Administration Act

40 to 43 [Amendments]

Income Tax Act

44 [Amendment]

Investment Canada Act

45 to 51 [Amendments]

Plant Breeders’ Rights Act

52 and 53 [Amendments]

Privacy Act

54 to 56 [Amendments]

Public Sector Compensation Act

57 to 59 [Amendments]

Public Service Staff Relations Act

60 [Amendment]

Salaries Act

61 [Amendments]

References

• 62 (1) and (2) [Amendments]

• Marginal note:Other references

  (3) Every reference to the Minister of Consumer and Corporate Affairs or the Minister of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act, the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act, or in any order, regulation or other instrument made under an Act of Parliament, other than those three Acts, shall, unless the context otherwise requires, be read as a reference to the Minister of Industry.

• (4) [Amendment]

• 63 (1) and (2) [Amendments]

• Marginal note:Other references

  (3) Every reference to the Department of Consumer and Corporate Affairs and the Department of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act, the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act, or in any order, regulation or other instrument made under an Act of Parliament, shall, unless the context otherwise requires, be read as a reference to the Department of Industry.

Repeals

64 to 66 [Repeals]

Coming into Force

Marginal note:Coming into force

Footnote ^*67 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.

• Return to footnote ^*[Note: Act in force March 29, 1995, see SI/95-48.]