CHAPTER J-2

An Act respecting the Department of Justice

SHORT TITLE

1. This Act may be cited as the Department of Justice Act.

ESTABLISHMENT OF THE DEPARTMENT; ATTORNEY GENERAL

2. (1) There is hereby established a department of the Government of Canada called the Department of Justice over which the Minister of Justice appointed by commission under the Great Seal shall preside.

(2) The Minister is ex officio Her Majesty's Attorney General of Canada, holds office during pleasure and has the management and direction of the Department.

3. (1) The Governor in Council may appoint an officer called the Deputy Minister of Justice to hold office during pleasure and to be the deputy head of the Department.

(2) The Deputy Minister is ex officio the Deputy Attorney General.

(3) The Governor in Council may appoint two Associate Deputy Ministers of Justice, each of whom shall have the rank and status of a deputy head of a department and as such shall under the Deputy Minister exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify.

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

4. The Minister is the official legal adviser of the Governor General and the legal member of the Queen's Privy Council for Canada and shall

4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall report any such inconsistency to the House of Commons at the first convenient opportunity.

(2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms.

POWERS, DUTIES AND FUNCTIONS OF THE ATTORNEY GENERAL

5. The Attorney General of Canada
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