REPORT TO THE HOUSE
Wednesday, December 6, 1995
The Standing Committee on Health has the honour to present its
SEVENTH REPORT
In accordance with its Order of Reference of Wednesday, November 8, 1995, your Committee has considered Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts, and have agreed to report it with amendments.
New Clauses 23.1 and 23.2
Add, immediately after line 15, at page 8, the following:
``23.1 The definition ``inspector'' in section 2 of the Food and Drugs Act is replaced by the following:
``inspector'' means any person designated as an inspector for the purpose of the enforcement of this Act under subsection 22(1) of this Act or the Department of Agriculture and Agri-Food Act;
23.2 Section 27 of the Act is replaced by the following:
27.(1) Where an inspector has seized an article under this Part and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is thereupon forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
(2) Where a person has been convicted of a contravention of this Act or the regulations, the court or judge may order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession of the accused or found with the article, be forfeited and, on the making of the order, the article and thing are forfeited to Her Majesty and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on such notice to such persons as the judge directs, order that the article and any thing of a similar nature found therewith be forfeited to Her Majesty, to be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, if the judge finds, after making such inquiry as the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.''
Clause 32
Strike out lines 20 to 22, at page 11, and substitute the following therefor:
``shall be read as a reference to the Minister of Health unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.''
Strike out lines 27 to 29, at page 11, and substitute the following therefor:
``Parliament shall be read as a reference to the Minister of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister.''
Clause 34
Strike out lines 11 to 13, at page 12, and substitute the following therefor:
``Parliament shall be read as a reference to the Department of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to a minister other than the Minister of Health.''
Clause 35
Strike out lines 20 to 24, at page 12, and substitute the following therefor:
``thereof, is assented to, then
(a) on the later of the day on which section 2 of that Act comes into force and the day on which section 2 of this Act comes into force, the definition ``Minister'' in subsection 2(1) of that Act is replaced by the following:
``Minister'' means the Minister of Health;
(b) on the later of the day on which section 93 of that Act comes into force and the day on which paragraph 32(1)(j) of this Act comes into force, paragraph 32(1)(j) of this Act is repealed.''
Your Committee has ordered a reprint of Bill C-95, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the Minutes of Proceedings relating to this Bill (Issue No. 34, which includes this Report) is tabled.
Respectfully submitted,
ROGER SIMMONS,
Chairman.