Department of Agriculture and Agri-Food Act

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Sections26

• 1Short title

  This Act may be cited as the Department of Agriculture and Agri-Food Act.

• 2Department established
• 2(1)

  There is hereby established a department of the Government of Canada called the Department of Agriculture and Agri-Food over which the Minister of Agriculture and Agri-Food appointed by commission under the Great Seal shall preside.

• 2(2)Minister

  The Minister holds office during pleasure and has the management and direction of the Department.

• 3Deputy head

  The Governor in Council may appoint an officer called the Deputy Minister of Agriculture and Agri-Food to hold office during pleasure and to be the deputy head of the Department.

• 4Powers, duties and functions of Minister

  The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

• 4(a)

  agriculture;

• 4(b)

  products derived from agriculture; and

• 4(c)

  research related to agriculture and products derived from agriculture including the operation of experimental farm stations.

• 4(d)Repealed

  [Repealed, 1989, c. 27, s. 20]

• 5Other powers or duties of the Minister

  The Governor in Council may assign any other power or duty to the Minister.

• 5.01Inspection services

  The Minister may designate any person as an inspector for the purpose of providing the inspection services that the Minister considers necessary for the enforcement of any Act in respect of which the Minister has any powers, duties or functions.

• 5.1Regulations

  The Governor in Council may make such regulations as the Governor in Council deems necessary for implementing in any manner Article 708 of the Agreement, as defined in section 2 of the Canada-United States Free Trade Agreement Implementation Act, including, without limiting the generality of the foregoing, regulations exempting, for that purpose, subject to such terms and conditions as the Governor in Council deems appropriate, from the application of any provision of any Act or regulation, any person or class of persons or any good, animal or thing or class of goods, animals or things imported into Canada from the United States as defined in section 2 of that Act.

• 6Repealed

  [Repealed, 1994, c. 38, s. 7]

• 13Transfer of powers, duties and functions

  Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Agriculture, the Deputy Minister of Agriculture or any officer of the Department of Agriculture, in relation to forestry or forest resources, the power, duty or function is vested in and shall be exercised by the Minister of Forestry, the Deputy Minister of Forestry or the appropriate officer of the Department of Forestry, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.

• 8Positions
• (1)

  Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Department of Agriculture, except that the employee shall, on the coming into force of this Act, occupy that position in the Department of Agriculture and Agri-Food under the authority of the Deputy Minister of Agriculture and Agri-Food.

• (2)Definition of employee

  In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

• 9Appropriations

  Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Agriculture and that, on the day on which this Act comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Agriculture and Agri-Food.

• 10Transfer of powers, duties and functions

  Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the power, duty or function is vested in and shall be exercised by as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.

• (a)

  the Minister of Agriculture,

• (b)

  the Deputy Minister of Agriculture, or

• (c)

  any officer of the Department of Agriculture,

• (d)

  the Minister of Agriculture and Agri-Food,

• (e)

  the Deputy Minister of Agriculture and Agri-Food, or

• (f)

  the appropriate officer of the Department of Agriculture and Agri-Food,