|
|
PART 4 |
|
| R.S., c. S-22;
R.S., c. 31 (1st
Supp.), cc. 31,
51 (4th
Supp.); 1993,
cc. 28, 34
|
AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT |
|
|
|
58. Section 10 of the Statutory Instruments
Act is renumbered as subsection 10(1) and
is amended by adding the following:
|
|
| Publication
|
(2) The Governor in Council may
determine the form and manner in which the
Canada Gazette, or any part of it, is published,
including publication by electronic means.
|
|
|
|
59. Subsection 16(3) of the Act is replaced
by the following:
|
|
| Deemed
publication in
Canada
Gazette
|
(3) For the purposes of this section,
|
|
|
|
|
|
|
|
|
|
|
|
PART 5 |
|
| R.S., c. S-20;
1992, c. 1
|
AMENDMENTS TO THE STATUTE REVISION ACT |
|
|
|
60. Section 1 of the Statute Revision Act is
replaced by the following:
|
|
| Short title
|
1. This Act may be cited as the Legislation
Revision and Consolidation Act.
|
|
|
|
61. (1) The definition ``revision'' in sec
tion 2 of the Act is replaced by the following:
|
|
| ``revision'' « révision »
|
``revision'' means
|
|
|
|
|
|
|
|
|
|
|
|
(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
|
|
| ``regulations'' « règlements »
|
``regulations'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
62. Section 5 of the Act is replaced by the
following:
|
|
| Revision of
statutes
|
5. The Commission shall, from time to
time, revise the public general statutes of
Canada.
|
|
| 1992, c. 1,
s. 132
|
63. The heading before section 8 and
sections 8 to 10 of the Act are repealed.
|
|
|
|
64. The heading before section 11 and
sections 11 and 12 of the Act are replaced by
the following:
|
|
|
|
Revision |
|
| Revision of
regulations
|
10. The Commission shall, from time to
time, revise the regulations.
|
|
| Powers of
Commission
|
11. In preparing and maintaining the
Revised Regulations and in keeping the
Revised Regulations up to date, the
Commission may exercise, in respect of the
regulations, the powers that it has under
section 6 in respect of a revision under Part I.
|
|
| Deposit of
revision
|
12. (1) On receipt of a written report from
the Commission in respect of the completion
of all or any part of the Revised Regulations,
the Governor in Council may cause a printed
Roll of the regulations, attested under the
signature of the Minister and the President of
the Privy Council, to be deposited in the office
of the Clerk of the Privy Council, and the Roll
shall be held to be the original of the
regulations included in it.
|
|
| Schedule
|
(2) There shall be appended to each Roll a
schedule similar in form to the Schedule to
Appendix I appended to the Revised Statutes
of Canada, 1985, and the Commission may
include in the schedule a list of all regulations
and parts of regulations that, although not
expressly repealed, are superseded by the
regulations included in the Roll, or are
inconsistent with them, and a list of all
regulations and parts of regulations that were
for a temporary purpose the force of which is
spent.
|
|
|
|
65. (1) Subsection 13(2) of the Act is
replaced by the following:
|
|
| Effect
|
(2) On the day referred to in subsection (1)
in respect of any Roll, the regulations included
in that Roll shall accordingly come into force
and have effect as law as part of the Revised
Regulations to all intents as if each regulation
had been made by the appropriate
regulation-making authority and all the
requirements with respect to the making of
that regulation had been complied with.
|
|
|
|
(2) Subsection 13(3) of the English
version of the Act is replaced by the
following:
|
|
| Repeal
|
(3) On the day referred to in subsection (1),
all regulations and parts of regulations listed
in the schedule to the Roll are repealed to the
extent mentioned in that schedule.
|
|
|
|
66. Sections 15 to 17 of the Act are
replaced by the following:
|
|
| Bound
volumes
|
17. If the Commission has, as of a day
selected by it, revised all the regulations that
it is required to revise under section 10 to that
day, it shall cause the Revised Regulations to
be published in the form of bound volumes,
and the regulations to be included in them
shall be those that have been revised as of that
day, and that day shall be indicated in each of
the volumes.
|
|
|
|
67. (1) Subsection 18(1) of the English
version of the Act is replaced by the
following:
|
|
| Old
regulations
not revived
|
18. (1) The repeal of the regulations and
parts of regulations listed in the schedule
appended to a Roll does not
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsections 18(2) to (4) of the Act are
replaced by the following:
|
|
| Not new law
|
(2) A regulation included in the Revised
Regulations shall not be held to operate as a
new regulation, but shall be construed and
have effect as a consolidation and as
declaratory of the law as contained in the
regulation and parts of regulations as revised,
and for which the regulation included in the
Revised Regulations is substituted.
|
|
| Where
revision
differs
|
(3) Where, on any point, the provisions of
a regulation included in the Revised
Regulations are not in effect the same as those
of the repealed provisions for which they are
substituted, in respect of all transactions,
matters and things subsequent to the time
when the regulation included in the Revised
Regulations takes effect, the provisions
contained in that regulation prevail, but in
respect of all transactions, matters and things
before that time, the repealed provisions
prevail.
|
|
| Construction
of references
|
(4) A reference in any regulation remaining
in force and not revised, or in any instrument
or document, to any regulation or part of a
regulation repealed under subsection 13(3) by
inclusion in the Revised Regulations shall,
after the regulation in the Revised Regulations
takes effect, be deemed, in respect of any
subsequent transaction, matter or thing, to be
a reference to the regulation or part of a
regulation in the Revised Regulations having
the same effect as the repealed regulation or
part of a regulation.
|
|
|
|
68. Sections 19 to 21 of the Act are
replaced by the following:
|
|
| Effect of
inclusion in
schedule
|
19. (1) The inclusion of any regulation or
part of a regulation in the schedule appended
to a Roll shall not be considered to be a
declaration that the regulation or part was or
was not in force immediately before the
coming into force of the portion of the Revised
Regulations that includes that regulation or
part.
|
|
| Paragraph
16(3)(b)
Statutory
Instruments
Act
|
(2) The whole or any part of the Revised
Regulations shall be construed to be a revision
of regulations referred to in paragraph
16(3)(b) of the Statutory Instruments Act.
|
|
| Scrutiny
Committees
of Parliament
|
(3) A regulation that is included in the
Consolidated Regulations of Canada, 1978 or
in the Revised Regulations stands
permanently referred to any Committee or
Committees of Parliament established under
section 19 of the Statutory Instruments Act.
|
|
| Citation of
Revised
Regulations
|
20. (1) Any regulation included in the
Revised Regulations may be cited and
referred to in any Act, regulation, proceeding,
instrument or document whatever either by its
short or long title or by using the expression
``Revised Regulations of Canada, chapter
....'', or ``Revised Regulations, chapter ....'',
or ``Chapter .... of the Revised Regulations'',
or the abbreviation ``R.R.C., c. ....'', adding in
each case the number of the particular chapter.
|
|
| Amendments
included
|
(2) The citation of any chapter of the
Revised Regulations in accordance with
subsection (1) is deemed to include any
amendments made after the publication of that
regulation in the Revised Regulations.
|
|
| Electronic
publishing
|
21. (1) The Queen's Printer may publish an
edition of the Revised Regulations in
electronic form and every copy of a revised
regulation published in electronic form by the
Queen's Printer is evidence of that regulation
and of its contents, and every copy purporting
to be published by the Queen's Printer is
deemed to be so published, unless the contrary
is shown.
|
|
| Inconsis- tencies in regulations
|
(2) In the event of an inconsistency between
a revised regulation published by the Queen's
Printer in electronic form and the original of
the regulation as printed in the Roll deposited
in the office of the Clerk of the Privy Council
under section 12, the original of the regulation
prevails to the extent of the inconsistency.
|
|
|
|
69. Subsection 22(1) of the Act is replaced
by the following:
|
|
| Request to
remake
regulations
|
22. (1) If the Clerk of the Privy Council,
after consultation with the Deputy Minister of
Justice, is of the opinion that any particular
regulations should be remade by the
regulation-making authority instead of being
revised under this Act, the Clerk of the Privy
Council may request that authority or any
person acting on behalf of that authority to
make new regulations.
|
|
|
|
70. Section 23 of the Act is replaced by the
following:
|
|
| Indices
|
23. The Commission may cause indices to
the Revised Regulations to be prepared and
published for the convenience of the public.
|
|
| Citation of
Consolidated
Regulations,
1978
|
24. (1) Any regulation included in the
Consolidated Regulations of Canada, 1978
may be cited and referred to in any Act,
regulation, proceeding, instrument or
document whatever either by its short or long
title or by using the expression ``Consolidated
Regulations of Canada, chapter ....'', or
``Consolidated Regulations, chapter ....'', or
``Chapter .... of the Consolidated
Regulations'', or the abbreviation ``C.R.C., c.
....'', adding in each case the number of the
particular chapter.
|
|
| Amendments
included
|
(2) The citation of any chapter of the
Consolidated Regulations of Canada, 1978 in
accordance with subsection (1) is deemed to
include any amendments made after the
publication of that regulation in the
Consolidated Regulations of Canada, 1978.
|
|
|
|
71. Part III of the Act is replaced by the
following:
|
|
|
|
PART III |
|
|
|
CONSOLIDATED STATUTES AND REGULATIONS OF CANADA |
|
|
|
Interpretation |
|
| Definitions
|
25. The definitions in this section apply in
this Part.
|
|
| ``consolida- ted regulations'' « règlements codifiés »
|
``consolidated regulations'' means the
consolidated regulations of Canada
maintained by the Minister under this Part.
|
|
| ``consolida- ted statutes'' « lois codifiées »
|
``consolidated statutes'' means the
consolidated statutes of Canada maintained
by the Minister under this Part.
|
|
|
|
Consolidation of the Statutes and Regulations |
|
| Authority to
maintain
|
26. The Minister may maintain a
consolidation of the public statutes of Canada
and a consolidation of the regulations of
Canada.
|
|
| Powers of
Minister
|
27. In maintaining a consolidation of the
statutes or regulations, the Minister may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|