An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act (S.C. 2018, c. 18)

Assented to 2018-06-21

An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act

S.C. 2018, c. 18

Assented to 2018-06-21

An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act

SUMMARY

This enactment amends the Salaries Act to authorize payment, out of the Consolidated Revenue Fund, of the salaries for eight new ministerial positions. It authorizes the Governor in Council to designate departments to support the ministers who occupy those positions and authorizes those ministers to delegate their powers, duties or functions to officers or employees of the designated departments. It also makes a consequential amendment to the Financial Administration Act.

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

R.S., c. S-3Salaries Act

 The Salaries Act is amended by adding the following after section 1:

PART 1Salaries

Marginal note:2005, c. 16, s. 13, c. 16, s. 19(1); 2013, c. 33, s. 226(2)
  •  (1) Paragraphs 4.1(3)(s) to (t.4) of the Act are repealed.

  • Marginal note:2013, c. 40, s. 215

    (2) Paragraph 4.1(3)(z.21) of the Act is replaced by the following:

    • (z.21) the Minister of Infrastructure and Communities;

  • (3) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (z.3):

    • (z.4) the Minister of La Francophonie;

    • (z.5) the Minister of Science;

    • (z.6) the Minister of Small Business and Tourism;

    • (z.7) the Minister of Sport and Persons with Disabilities;

    • (z.8) the Minister of Status of Women; and

    • (z.9) three additional ministers appointed by commission under the Great Seal.

 The Act is amended by adding the following after section 4.2:

PART 2Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9)

Marginal note:Power to designate department
  • 5 (1) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of his or her responsibilities.

  • Marginal note:Designated department

    (2) A minister in respect of whom a department is designated under subsection (1)

    • (a) may use the services and facilities of that department; and

    • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions.

  • Marginal note:Particular responsibilities

    (3) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of the particular responsibilities that are specified in the order.

  • Marginal note:Designated department — particular responsibilities

    (4) A minister in respect of whom a department is designated under subsection (3)

    • (a) must use the services and facilities of that department when carrying out the particular responsibilities that are specified in the order; and

    • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions that are related to those particular responsibilities.

  • Marginal note:Financial Administration Act

    (5) The appropriate Minister for a department that is designated under subsection (1) or (3) may delegate, to a minister in respect of whom that department is designated, any of the appropriate Minister’s powers, duties or functions referred to in sections 33 and 34, subsections 155(1) and (4) and sections 155.1 and 155.2 of the Financial Administration Act or the power to write off debts in accordance with regulations made under subsection 25(1) of that Act.

  • Marginal note:Department of Public Works and Government Services Act

    (6) If the Minister of Public Works and Government Services delegates, under subsection 8(1) of the Department of Public Works and Government Services Act, any of the Minister’s powers, duties or functions under that Act to the appropriate Minister for a department that is designated under subsection (1) or (3), that appropriate Minister may subdelegate to a minister in respect of whom that department is designated any of the powers, duties or functions that were delegated to that appropriate Minister under that subsection 8(1).

  • Marginal note:Definitions

    (7) The following definitions apply in this section.

    appropriate Minister

    appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)

    department

    department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act. (ministère)

Transitional Provision

Marginal note:Transfer of powers, duties or functions

 If, 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 may be exercised or performed by the Minister of Infrastructure, Communities and Intergovernmental Affairs, that power, duty or function is vested in or may be exercised or performed by the Minister of Infrastructure and Communities.

R.S., c. F-11Consequential Amendment to the Financial Administration Act

Marginal note:Minister of Infrastructure and Communities

 The reference to the “Minister of Infrastructure, Communities and Intergovernmental Affairs” in column II of Schedule I.1 to the Financial Administration Act is replaced by a reference to the “Minister of Infrastructure and Communities”.

Coordinating Amendments

Marginal note:2004, c. 16
  •  (1) In this section, “other Act” means the Amendments and Corrections Act, 2003.

  • (2) If section 25 of the other Act comes into force before section 3 of this Act, then

    • (a) that section 3 is deemed never to have come into force and is repealed;

    • (b) the heading before section 5 and sections 5 and 6 of the Salaries Act, as enacted by that section 25, are repositioned after section 4.2 of that Act; and

    • (c) the Salaries Act is amended by adding the following after section 6:

      PART 2Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9)

      Marginal note:Power to designate department
      • 7 (1) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of his or her responsibilities.

      • Marginal note:Designated department

        (2) A minister in respect of whom a department is designated under subsection (1)

        • (a) may use the services and facilities of that department; and

        • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions.

      • Marginal note:Particular responsibilities

        (3) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of the particular responsibilities that are specified in the order.

      • Marginal note:Designated department — particular responsibilities

        (4) A minister in respect of whom a department is designated under subsection (3)

        • (a) must use the services and facilities of that department when carrying out the particular responsibilities that are specified in the order; and

        • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions that are related to those particular responsibilities.

      • Marginal note:Financial Administration Act

        (5) The appropriate Minister for a department that is designated under subsection (1) or (3) may delegate, to a minister in respect of whom that department is designated, any of the appropriate Minister’s powers, duties or functions referred to in sections 33 and 34, subsections 155(1) and (4) and sections 155.1 and 155.2 of the Financial Administration Act or the power to write off debts in accordance with regulations made under subsection 25(1) of that Act.

      • Marginal note:Department of Public Works and Government Services Act

        (6) If the Minister of Public Works and Government Services delegates, under subsection 8(1) of the Department of Public Works and Government Services Act, any of the Minister’s powers, duties or functions under that Act to the appropriate Minister for a department that is designated under subsection (1) or (3), that appropriate Minister may subdelegate to a minister in respect of whom that department is designated any of the powers, duties or functions that were delegated to that appropriate Minister under that subsection 8(1).

      • Marginal note:Definitions

        (7) The following definitions apply in this section.

        appropriate Minister

        appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)

        department

        department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act. (ministère)

  • (3) If section 3 of this Act comes into force before section 25 of the other Act, then

    • (a) the portion of that section 25 before the heading that it enacts is replaced by the following:

      25 The Salaries Act is amended by adding the following after section 4.2:

    • (b) on the day on which that section 25 comes into force, section 5 of the Salaries Act, as enacted by section 3 of this Act, is renumbered as section 7.

  • (4) If section 25 of the other Act comes into force on the same day as section 3 of this Act, then that section 25 is deemed to have come into force before that section 3 and subsection (2) applies as a consequence.

Date modified: