Assented to 2006-12-12
An Act respecting the establishment of the Public Health Agency of Canada and amending certain Acts
WHEREAS the Government of Canada wishes to take public health measures, including measures relating to health protection and promotion, population health assessment, health surveillance, disease and injury prevention, and public health emergency preparedness and response;
WHEREAS the Government of Canada wishes to foster collaboration within the field of public health and to coordinate federal policies and programs in the area of public health;
WHEREAS the Government of Canada wishes to promote cooperation and consultation in the field of public health with provincial and territorial governments;
WHEREAS the Government of Canada also wishes to foster cooperation in that field with foreign governments and international organizations, as well as other interested persons or organizations;
AND WHEREAS the Government of Canada considers that the creation of a public health agency for Canada and the appointment of a Chief Public Health Officer will contribute to federal efforts to identify and reduce public health risk factors and to support national readiness for public health threats;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 The following definitions apply in this Act.
Agency means the Public Health Agency of Canada established by section 3. (Agence)
- Chief Public Health Officer
Chief Public Health Officer means the Chief Public Health Officer appointed under subsection 6(1). (administrateur en chef)
Minister means the Minister of Health. (ministre)
President means the President of the Agency appointed under section 5.1. (président)
- 2006, c. 5, s. 2
- 2014, c. 39, s. 253
Public Health Agency of Canada
3 The Public Health Agency of Canada is established for the purpose of assisting the Minister in exercising or performing the Minister’s powers, duties and functions in relation to public health.
Marginal note:Minister to preside
4 The Minister presides over the Agency and has the management and direction of it.
Marginal note:Delegation to Agency
5 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under any Act of Parliament or any order made by the Governor in Council in respect of public health.
(2) Subsection (1) does not authorize the Minister to delegate a power to make regulations nor a power to delegate under that subsection.
5.1 The President of the Agency is to be appointed by the Governor in Council to hold office during pleasure for a renewable term of up to five years.
- 2014, c. 39, s. 254
Marginal note:Chief executive officer
5.2 The President is the chief executive officer of the Agency and has the rank and status of a deputy head of a department.
- 2014, c. 39, s. 254
5.3 The President is to be paid the remuneration fixed by the Governor in Council.
- 2014, c. 39, s. 254
Chief Public Health Officer
Marginal note:Qualifications required
(2) The Chief Public Health Officer shall be a health professional who has qualifications in the field of public health.
- 2006, c. 5, s. 6
- 2014, c. 39, s. 255
Marginal note:Lead health professional
(1.1) The Chief Public Health Officer shall provide the Minister and the President with public health advice that is developed on a scientific basis.
Marginal note:Communication with governments, public health authorities and organizations
(2) The Chief Public Health Officer may, with respect to public health issues, communicate with governments, public health author-ities or organizations in the public health field, within Canada or internationally.
Marginal note:Communication with the public, voluntary organizations and the private sector
(3) The Chief Public Health Officer may communicate with the public, voluntary organizations in the public health field or the private sector for the purpose of providing information, or seeking their views, about public health issues.
- 2006, c. 5, s. 7
- 2014, c. 39, s. 256
Marginal note:Tenure of office and removal
(2) The Chief Public Health Officer may be reappointed for one or more additional terms.
9 [Repealed, 2014, c. 39, s. 257]
(2) [Repealed, 2014, c. 39, s. 258]
- 2006, c. 5, s. 10
- 2014, c. 39, s. 258
11 The Chief Public Health Officer may delegate any of the powers, duties and functions that the Chief Public Health Officer is authorized to exercise or perform, except the power to delegate under this section, to any officer or employee of the Agency.
Marginal note:Annual report on public health
Marginal note:Tabling in Parliament
(2) The Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
Marginal note:Other report on public health
(3) The Chief Public Health Officer may prepare and publish a report on any issue relating to public health.
Marginal note:Data and methodology
(4) The Chief Public Health Officer shall, to the extent possible, in any report submitted or published under this section, set out the source of the data and information used in the preparation of the report and the methodology employed to arrive at the report’s findings, conclusions or recommendations.
Marginal note:Contents of a report
(5) The Chief Public Health Officer may, in any report submitted or published under this section, refer to public health problems and their causes, as well as any measures that may, in his or her opinion, be effective in preventing or resolving those problems.
Marginal note:Officers and employees
(2) Members of a committee shall be paid, for the performance of their duties and functions, any remuneration that may be fixed by the Governor in Council.
Marginal note:Travel, living and other expenses
(3) Members of a committee are entitled to be paid, in accordance with Treasury Board directives, for reasonable travel, living and other expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.
(2) Every person who knowingly possesses, uses or discloses information in contravention of a regulation made under subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
- Date modified: