2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-461

An Act to amend the Statutory Instruments Act (regulatory accountability)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Statutory Instruments Act

1. Subsection 3(1) of the Statutory Instruments Act is replaced by the following:

Proposed regulation sent to Clerk of Privy Council

3. (1) Subject to any regulations made pursuant to paragraph 20 (a) and section 4.2, where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Clerk of the Privy Council three copies of the proposed regulation in both official languages.

2. The Act is amended by adding the following after section 4:

LAYING OF PROPOSED REGULATIONS BEFORE PARLIAMENT

Definition of ``designated Minister''

4.1 For the purposes of sections 4.2 to 4.5, ``designated Minister'' means, in relation to any provision of an Act or a bill, such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that Act or responsible for the bill.

Laying of proposed regulations

4.2 (1) In addition to the requirements set out in subsection 3(1), the designated Minister shall have each proposed regulation laid before each House of Parliament on the same day that the bill under which the proposed regulation is to be made is at second reading stage in the House of Commons.

Regulation after coming into force of Act

(2) In addition to the requirements set out in subsection 3(1), where a regulation is proposed to be made after the coming into force of the Act under which it is to be made, the designated Minister shall cause a copy of each proposed regulation to be laid before each House of Parliament before it is made.

Report by committee

4.3 Each proposed regulation that is laid before a House of Parliament pursuant to subsection 4.2 (1) or (2) shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House. The committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

Making of regulation

4.4 (1) A proposed regulation that has been laid pursuant to subsection 4.2 (1) or (2) may be made by the regulation-making authority

    (a) on the expiration of thirty sitting days after it is laid; or

    (b) where, with respect to each House of Parliament,

      (i) the committee reports to the House, or

      (ii) the committee decides not to conduct inquiries or public hearings.

Definition of ``sitting days''

(2) For the purposes of this section, ``sitting days'' means a day on which either House of Parliament sits.

Exception - minor changes

4.5 (1) A regulation may be made without being laid before either House of Parliament if the designated Minister is of the opinion that the changes made by the proposed regulation to an existing regulation are so immaterial or insubstantial that section 4.2 should not be applicable in the circumstances.

Exception - urgency

(2) A regulation may be made without being laid before either House of Parliament if the designated Minister is of the opinion that the making of the regulation is so urgent that section 4.2 should not be applicable in the circumstances.

Notice of opinion

(3) Where the designated Minister is of the opinion described in subsection (1) or (2), he or she shall have a statement of reasons why he or she formed that opinion laid before each House of Parliament.

Exception - prescribed date

(4) A proposed regulation prescribing a date for the purposes of the coming into force of any provision of an Act may be made without being laid before either House of Parliament.