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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-325 |
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An Act to amend the Statutory Instruments
Act (disallowance procedure for
statutory instruments)
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| R.S., 1985, c.
S-22; R.S., c.
31
(1st Supp.), c.
31 (4th
Supp.), c. 51
(4th Supp.);
1993, c. 34;
1998, c. 15
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1. The Statutory Instruments Act is
amended by adding the following after
section 19:
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PROCEDURE FOR THE DISALLOWANCE OF SUBORDINATE AND DELEGATED LEGISLATION |
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| Resolution to
revoke a
statutory
instrument
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19.1 (1) The committee referred to in
section 19 may make a report to the House of
Commons containing only a resolution that a
statutory instrument, or portion thereof, be
revoked.
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| Only one
report per
sitting
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(2) Not more than one report made pursuant
to subsection (1) shall be laid before the House
of Commons during any sitting day.
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| Content of
report
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(3) A member who presents a report made
pursuant to subsection (1) shall state that it
contains a resolution pursuant to subsection
(1), identify the statutory instrument, or
portion thereof, in relation to which the report
is made and indicate that the text of that
statutory instrument, or portion thereof, is
included in the report.
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| Deeming
provision
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(4) A resolution referred to in subsection (1)
shall be deemed to have been adopted by the
House of Commons on the fifteenth sitting day
after the report in which it is contained is
presented to the House unless, before that
time, a motion for the consideration of the
House to the effect that the resolution not be
adopted is filed with the Speaker of the House
by a Minister of the Crown.
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| Time for
consideration
of motion
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(5) Where a motion for the consideration of
the House of Commons is filed in accordance
with subsection (4), the House shall meet at
1:00 o'clock p.m. on the Wednesday next, at
which time the order of business shall be the
consideration of the motion.
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| Debate
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(6) A motion considered in accordance with
subsection (5) shall be debated without
interruption for not more than one hour and,
on the conclusion of such debate or at the
expiry of one hour, the Speaker of the House
of Commons shall forthwith put, without
further debate or amendment, every question
necessary for the disposal of the motion.
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| Time limit on
speeches
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(7) No member shall speak more than once
or for more than ten minutes during the
consideration of a motion in accordance with
subsection (5).
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| More than one
motion
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(8) Where more than one motion is made
pursuant to subsection (4), the House of
Commons shall consider such motions in the
order in which they may be set down for
consideration at the request of a Minister of
the Crown, provided that all such motions are
grouped together for debate.
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| Deeming
provision
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(9) Where a resolution is deemed to have
been adopted by the House of Commons
pursuant to subsection (4), the statutory
instrument, or portion thereof, to which the
resolution relates shall be deemed to be
revoked on the thirtieth day following the day
on which the resolution is deemed to have
been adopted.
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| Deeming
provision
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(10) Where a motion referred to in
subsection (4) is considered by the House of
Commons but is not adopted, the statutory
instrument, or portion thereof, to which the
resolution that is the subject of the motion
relates shall be deemed to be revoked on the
thirtieth day following the day on which the
motion was considered.
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