Marginal note:Agreements — Minister

• 6. (1) The Minister may enter into an agreement for the administration and enforcement of regulations made under subsection 4(1) with any province, corporation or other body.

• Marginal note:Agreements — Minister of Health

  (2) The Minister of Health may enter into an agreement for the administration and enforcement of regulations made under subsection 4(2) with any province, corporation or other body.

• Marginal note:Agreements — both Ministers

  (3) The Minister may, in consultation with the Minister of Health, enter into an agreement for the administration and enforcement of regulations made under subsection 4(3) with any province, corporation or other body.

Marginal note:Conflict with First Nation laws

7. Regulations made under this Act prevail over any laws or by-laws made by a First Nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise.

OTHER ACTS

Marginal note:Statutory Instruments Act

8. The Statutory Instruments Act does not apply to an instrument made by a provincial official or body under the authority of a provincial law incorporated by reference in the regulations.

Marginal note:Federal Courts Act

• 9. (1) A provincial official or body that exercises a power or performs a duty under the regulations is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

• Marginal note:Review or appeal in provincial courts

  (2) Unless otherwise provided by the regulations, if a power or duty conferred or imposed by provincial law is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations is subject to review by or appeal to the courts of the province in the same manner and to the same extent as if the provincial law applied of its own force.

Marginal note:Moneys collected provincially

10. Fees, charges, fines or other payments collected by a person or body pursuant to the regulations are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act.

LIMITS ON LIABILITY, DEFENCES AND IMMUNITIES

Marginal note:Acts and omissions — federal minister or employee

• 11. (1) In respect of any act or omission that occurs in a given province in the exercise of a power or the performance of a duty under the regulations by a minister of the Crown in right of Canada or an employee in the federal public administration, Her Majesty in right of Canada and the minister or employee are entitled, in addition to any limits on liability, defences and immunities under the Crown Liability and Proceedings Act, to

  • (a) in the case of Her Majesty in right of Canada, the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in the exercise of such a power or the performance of such a duty under the laws of the province; and

  • (b) in the case of the minister or employee, the same limits on liability, defences and immunities as those that would apply to a provincial official exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations.

• Marginal note:Acts and omissions — provincial official or body

  (2) In respect of any act or omission that occurs in the exercise of a power or the performance of a duty under the regulations by a provincial official or body,

  • (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in the exercise of such a power or the performance of such a duty under the laws of the province; and

  • (b) the official or body is entitled to the same limits on liability, defences and immunities as those that would apply to a provincial official or body exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations.

• Marginal note:Acts and omissions — other person or body

  (3) In respect of any act or omission that occurs in a given province in the exercise of a power or the performance of a duty under the regulations by a person or body other than Her Majesty in right of Canada, a minister of the Crown in right of Canada, an employee in the federal public administration or a provincial official or body,

  • (a) no person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada; and

  • (b) the person or body is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations.

Marginal note:Appropriations not subject to claims

12. No payment may be made under an appropriation authorized by an Act of Parliament in order to satisfy any claim arising out of an act or omission referred to in subsection 11(3).

Marginal note:Her Majesty saved

13. No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada under the regulations.

COMING INTO FORCE

Marginal note:Order in council

15. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.