Ministries and Ministers of State Act (R.S.C., 1985, c. M-8)

Act current to 2014-06-12 and last amended on 2005-04-01. Previous Versions

Ministries and Ministers of State Act

R.S.C., 1985, c. M-8

An Act to provide for the establishment of Ministries of State and the appointment of Ministers of State

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Ministries and Ministers of State Act.

  • R.S., c. 14(2nd Supp.), s. 13.

MINISTRIES OF STATE FOR SPECIFIED PURPOSES

Marginal note:Establishment of ministries of State

 Where it appears to the Governor in Council that the requirements for formulating and developing new and comprehensive policies in relation to any matter or matters coming within the responsibility of the Government of Canada warrant the establishment of a special portion of the federal public administration presided over by a minister charged with responsibility for the formulation and development of such policies, the Governor in Council may, by proclamation, establish a ministry of State for that purpose.

  • R.S., 1985, c. M-8, s. 2;
  • 2003, c. 22, s. 224(E).
Marginal note:Proclamation

 A proclamation establishing a ministry of State shall

  • (a) state the name of the ministry;

  • (b) specify the matter or matters in relation to which the minister for the ministry is to formulate and develop policies; and

  • (c) specify the powers, duties and functions to be assigned to the minister for the ministry in relation to the formulation and development of those policies.

  • R.S., c. 14(2nd Supp.), s. 15.
Marginal note:Variations

 The Governor in Council may, by proclamation, change the name of a ministry of State or vary any matter set out in the proclamation establishing the ministry.

  • R.S., c. 14(2nd Supp.), s. 16.
Marginal note:Termination

 The Governor in Council may, by proclamation, terminate the existence of a ministry of State.

  • R.S., c. 14(2nd Supp.), s. 17.
Marginal note:Tabling
  •  (1) An order in council authorizing the issuance of a proclamation under section 2 or 4 shall not be made until the proposed text of the order in council has been laid before the House of Commons by a member of the Queen’s Privy Council for Canada and the making of the order in council has been approved by a resolution of the House of Commons.

  • Marginal note:Opportunity for debate

    (2) Where the proposed text of an order in council has been laid before the House of Commons pursuant to subsection (1), a motion in the House of Commons proposed by a member of the Queen’s Privy Council for Canada in accordance with the rules of the House, praying that the making of the order in council be approved, shall be debated in the House for not more than seven hours, after which time the question shall be decided in accordance with the rules of the House.

  • R.S., c. 14(2nd Supp.), s. 18.