An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
PART 5
Marginal note:1994, c. 31
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT
33. Section 5 of the Department of Citizenship and Immigration Act is replaced by the following:
Marginal note:Agreements
5. (1) The Minister, with the approval of the Governor in Council, may enter into agreements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.
Marginal note:Arrangements
(2) The Minister may enter into arrangements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.
PART 6
Marginal note:1996, c. 8
DEPARTMENT OF HEALTH ACT
34. The Department of Health Act is amended by adding the following after section 11:
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(b) the day on which it is repealed,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Marginal note:Contravention of unpublished order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.
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