Department of Health Act (S.C. 1996, c. 8)
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Act current to 2013-04-29 and last amended on 2006-12-15. Previous Versions
Marginal note:Fees in respect of regulatory processes, etc.
8. (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
9. (1) Before fixing a fee under section 6, 7 or 8, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.
Marginal note:Publication
(2) A fee that is fixed under section 6, 7 or 8 shall be published, within thirty days after it is fixed, 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 6, 7 or 8 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
10. The Treasury Board may make regulations for the purposes of sections 6 to 9.
REGULATIONS AND PUNISHMENT
Marginal note:Regulations
11. (1) The Governor in Council may make regulations to give effect to and carry out the objects of this Act.
Marginal note:Punishment
(2) Every person who contravenes a regulation is guilty of an offence punishable on summary conviction.
INTERIM ORDERS
Marginal note:Interim orders
11.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under section 11 if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under section 11, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
- 2004, c. 15, s. 34.
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