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

Short Title

Marginal note:Short title

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

Ministries of State for Specified Purposes

Marginal note:Establishment of ministries of State

2 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.

Marginal note:Proclamation

3 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.

Marginal note:Variations

4 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.

Marginal note:Termination

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

Marginal note:Tabling

• 6 (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.

Ministers of State for Ministries of State

Marginal note:Ministers of State for ministries of State

• 7 (1) Over each ministry of State established pursuant to section 2, a minister of State for that ministry appointed by commission under the Great Seal shall preside.

• Marginal note:Idem

  (2) The minister of State for a ministry of State holds office during pleasure and has the management and direction of the ministry.

Marginal note:Secretary

8 The Governor in Council may appoint an officer called a Secretary to hold office during pleasure and to be the chief executive officer of a ministry of State.

Marginal note:Powers, duties and functions of minister

9 In addition to the powers, duties and functions specified in the proclamation establishing a ministry of State, the powers, duties and functions of the minister for that ministry extend to and include such other matters as are assigned or transferred to the minister or the ministry by or pursuant to any Act of Parliament.

Marginal note:Annual report

10 The minister for a ministry of State shall, on or before the 31st day of January next following the end of each fiscal year or, if Parliament is not then sitting, on any of the first five days next thereafter that either House of Parliament is sitting, submit to Parliament a report showing the operations for that fiscal year of the ministry over which he presides.

Other Ministers of State

Marginal note:Appointment

• 11 (1) A minister of State appointed by commission under the Great Seal, other than a minister who presides over a ministry of State, may be assigned by the Governor in Council to assist any minister or ministers having responsibilities for any department or other portion of the federal public administration in the carrying out of those responsibilities.

• Marginal note:Powers, duties and functions

  (2) A minister of State referred to in subsection (1) shall exercise or perform such of the powers, duties or functions of any minister or ministers having responsibilities for any department or other portion of the federal public administration as may be assigned or transferred to him pursuant to any Act of Parliament.

Marginal note:Services and facilities

12 A minister of State referred to in section 11, in providing the assistance or in exercising or performing the powers, duties or functions mentioned therein, shall make use of the services and facilities of the department or portion of the federal public administration concerned.