Legislative responsibilities

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• The Departmental Act
• List of legislation under the Responsibility of PCH

The Departmental Act

• As Deputy Minister of Canadian Heritage, you derive your authorities and responsibilities pursuant to the Department of Canadian Heritage Act (the PCH Act), as well as from the mandates conferred to the Minister of Canadian Heritage and on the Minister of Official Languages, as well as from under various distinct statutes under their responsibility.
• The Minister of Canadian Heritage’s general mandate and responsibilities are set out in the PCH Act, under which he exercises much of his functions.
• Subsection 4(1) of the PCH Act provides that “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 Canadian identity and values, cultural development and heritage.”
• Subsection 4(2) further stipulates? that the Minister of Canadian Heritage’s jurisdiction includes:
  1. the promotion of a greater understanding of human rights, fundamental freedoms and related values;
  2. multiculturalism;
  3. the arts, including cultural aspects of the status of the artist;
  4. cultural heritage and industries, including performing arts, visual and audio-visual arts, publishing, sound recording, film, video and literature;
  5. national battlefields;
  6. the encouragement, promotion and development of sport;
  7. the advancement of the equality of status and use of English and French and the enhancement and development of the English and French linguistic minority communities in Canada;
  8. state ceremonial and Canadian symbols;
  9. broadcasting, except in respect of spectrum management and the technical aspects of broadcasting;
  10. the formulation of cultural policy, including the formulation of cultural policy as it relates to foreign investment and copyright;
  11. the conservation, exportation and importation of cultural property;
  12. the organization, sponsorship and promotion of public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada, taking into account the federal character of Canada, the equality of status of the official languages of Canada and the heritage of the people of Canada; and
  13. national museums, archives and libraries.
• Section 7 of the PCH Act provides that, in the furtherance of any program under the PCH Act, the Minister may:

1. provide financial assistance in the form of grants, contributions and endowments to any person;
2. subject to the Federal Real Property and Federal Immovable Act and any direction made by the Treasury Board:
   1. acquire or seek to acquire any property by way of gift, bequest or other form of donation, and
   2. subject to the Surplus Crown Assets Act and to the terms and conditions on which the property was acquired, hold, administer, invest, expend, sell, exchange or otherwise dispose of that property; and
3. make gifts and issue prizes, awards, souvenirs and mementos on behalf of the Department of Canadian Heritage or of any other department.

• The Minister of Canadian Heritage’s powers, duties, and functions in respect of the Official Languages Act have been transferred to the Minister of Economic Development and Official Languages, pursuant to Order in Council 2018-1017 made under the Public Service Rearrangement and Transfer of Duties Act. This includes responsibilities under Part VII of the Official Languages Act.
• Further, by virtue of Order in Council 2019-1343, the Department of Canadian Heritage is designated to provide support to the Minister of Economic Development and Official Languages in the carrying out of her responsibilities relating to official languages. However, the associated financial authorities relating to official languages vest with the Minister of Canadian Heritage, as presiding over the Department of Canadian Heritage. This means that the Minister of Canadian Heritage is ultimately accountable in Parliament for spending and the Minister of Economic Development and Official Languages is accountable on the policy aspect and related decisions.
• Your colleague the Senior Associate Deputy Minister of Diversity, Inclusion and Youth, Canadian Heritage, has been appointed to serve the Minister of Diversity and Inclusion and Youth.

List of legislation under the Responsibility of PCH

The following statutes are administered, in whole or in part, by the Canadian Heritage portfolio of organizations:

• Department of Canadian Heritage Act
• An Act to Incorporate the Jules et Paul-Emile Léger Foundation
• Broadcasting Act
• Canada Council for the Arts Act
• Canada Travelling Exhibitions Indemnification Act
• Canadian Charter of Rights and Freedoms
• Canadian Multiculturalism Act
• Canadian Radio-television and Telecommunications Commission Act
• Copyright Act (formulation of cultural policy)
• Cultural Property Export and Import Act
• Fitness and Amateur Sport Act
• Foreign Publishers Advertising Services Act
• Holidays Act
• Income Tax Act (Tax credits, National Arts, Service Organizations and cultural property)
• Investment Canada Act (Cultural Foreign Investment)
• Laurier House Act (for certain powers)
• Lieutenant-Governors Superannuation Act (in part)
• Library and Archives of Canada Act
• Museums Act
• National Anthem Act
• National Arts Centre Act
• National Battlefields at Quebec Act
• National Film Act
• National Horse of Canada Act
• National Sports of Canada Act
• National Symbol of Canada Act
• Official Languages Act (Part VII)
• Parliamentary Employment and Staff Relations Act
• Physical Activity and Sport Act (in respect of sport)
• Public Servants Disclosure Protection Act
• Public Service Employment Act (Report to Parliament)
• Public Service Labour Relations Act
• Salaries Act (Lieutenant-Governors)
• Sir John A. Macdonald Day and the Sir Wilfrid Laurier Day Act
• Status of the Artist Act (Part I)
• Telefilm Canada Act
• Trade-marks Act (Use of National Symbols)