Department of Canadian Heritage Act (S.C. 1995, c. 11)

Act current to 2014-10-27 and last amended on 2013-09-30. Previous Versions

Department of Canadian Heritage Act

S.C. 1995, c. 11

Assented to 1995-06-15

An Act to establish the Department of Canadian Heritage and to amend and repeal certain other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Department of Canadian Heritage Act.

ESTABLISHMENT OF THE DEPARTMENT

Marginal note:Department established
  •  (1) 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.

  • Marginal note:Minister

    (2) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy head

 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

Marginal note:Minister’s powers, duties and functions
  •  (1) 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.

  • Marginal note:Idem

    (2) The Minister’s jurisdiction referred to in subsection (1) encompasses, but is not limited to, jurisdiction over

    • (a) the promotion of a greater understanding of human rights, fundamental freedoms and related values;

    • (b) multiculturalism;

    • (c) the arts, including cultural aspects of the status of the artist;

    • (d) cultural heritage and industries, including performing arts, visual and audio-visual arts, publishing, sound recording, film, video and literature;

    • (e) national battlefields;

    • (f) the encouragement, promotion and development of sport;

    • (g) 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;

    • (h) state ceremonial and Canadian symbols;

    • (i) broadcasting, except in respect of spectrum management and the technical aspects of broadcasting;

    • (j) the formulation of cultural policy, including the formulation of cultural policy as it relates to foreign investment and copyright;

    • (k) the conservation, exportation and importation of cultural property;

    • (k.1) 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

    • (l) national museums, archives and libraries.

  • 1995, c. 11, s. 4;
  • 2002, c. 18, s. 32(F);
  • 2003, c. 2, s. 37;
  • 2005, c. 2, s. 1;
  • 2013, c. 33, s. 214.
Marginal note:General duties

 In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall

  • (a) initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and values, cultural development and heritage; and

  • (b) 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.

  • 1995, c. 11, s. 5;
  • 2005, c. 2, s. 2;
  • 2013, c. 33, s. 215.

AGREEMENTS

Marginal note:Other powers

 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

Marginal note:Financial assistance and dealing with property

 To facilitate the implementation of any program of the Minister under this Act, the Minister may

  • (a) provide financial assistance in the form of grants, contributions and endowments to any person;

  • (b) subject to the Federal Real Property and Federal Immovables Act and any direction made by the Treasury Board,

    • (i) acquire or seek to acquire any property by way of gift, bequest or other form of donation, and

    • (ii) 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

  • (c) make gifts and issue prizes, awards, souvenirs and mementos on behalf of the Department of Canadian Heritage or of any other department.

  • 1995, c. 11, s. 7;
  • 2001, c. 4, s. 155.
Marginal note:Fees for services or use of facilities
  •  (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

 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.
  •  (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
  •  (1) Before fixing a fee under section 8, 9 or 10, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

  • Marginal note:Publication

    (2) 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.

  • Marginal note:Reference to Scrutiny Committee

    (3) 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.

Marginal note:Power to make regulations

 The Treasury Board may make regulations for the purposes of sections 8, 9, 10 and 11.

TRANSITIONAL

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 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,

    • (b) 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,

    • (c) a position in the Department of the Secretary of State of Canada other than

      • (i) in the portions referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1484 of June 25, 1993, and

      • (ii) 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

        • (A) the Native Citizens Directorate,

        • (B) the Canadian Studies and Special Projects Directorate, and

        • (C) the Youth Participation Directorate,

    • (d) 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

    • (e) 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.

  • Marginal note: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 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.

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 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.

  • Marginal note:Persons

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

    • (a) 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;

    • (b) 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

    • (c) 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]

Marginal note:Other references

 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.

Marginal note:References to Department of Communications, Department of Multiculturalism and Citizenship or Department of the Secretary of State of Canada

 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

Marginal note:Coming into force

Footnote * 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.

RELATED PROVISIONS

  • — 2013, c. 33, s. 216

    • Definitions

      216. The following definitions apply in sections 217 to 220.

      “activity and event mandate”

      « mandat en matière d’activités et de manifestations »

      “activity and event mandate” means the organization, sponsoring or promotion of any 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.

      “Commission”

      « Commission »

      “Commission” means the National Capital Commission continued by section 3 of the National Capital Act.

  • — 2013, c. 33, s. 217

    • Appointment of employees

      217. Every employee of the Commission whose functions relate to the activity and event mandate is deemed, on the day on which this section comes into force, to be a person appointed to a position in the Department of Canadian Heritage under the Public Service Employment Act and to be an employee as defined in subsection 2(1) of that Act.

  • — 2013, c. 33, s. 218

    • Credits transferred

      218. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures of the Commission related to the activity and event mandate and that is unexpended is deemed to have been appropriated to defray any operating expenditures of the Department of Canadian Heritage.

  • — 2013, c. 33, s. 219

    • Assets, obligations and authorizations

      219. On the day on which this section comes into force, and to the extent that they relate to the activity and event mandate,

      • (a) the Commission’s assets are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

      • (b) the Commission’s obligations are assumed by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

      • (c) permits, licences and other authorizations issued to the Commission are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; and

      • (d) permits, licences and other authorizations issued by the Commission are deemed to have been issued by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage.

  • — 2013, c. 33, s. 220

    • Continuation of legal proceedings

      220. Any action, suit or other legal proceeding to which the Commission is party that is pending in any court on the day on which this section comes into force and that relates to the activity and event mandate may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Commission.