2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-205

An Act to amend the Statutory Instruments Act (disallowance procedure for statutory instruments)

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

1. The Statutory Instruments Act is amended by adding the following after section 19:

PROCEDURE FOR THE DISALLOWANCE OF SUBORDINATE AND DELEGATED LEGISLATION

Resolution to revoke a statutory instrument

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.

Only one report per sitting day

(2) Not more than one report made pursuant to subsection (1) shall be laid before the House of Commons during any sitting day.

Content of report

(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.

Deeming provision

(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.

Time for consideration of motion

(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.

Debate

(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.

Time limit on speeches

(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).

More than one motion

(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.

Deeming provision

(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.

Deeming provision

(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.