Bill C-84
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1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
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The House of Commons of Canada
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BILL C-84 |
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An Act to provide for the review, registration,
publication and parliamentary scrutiny
of regulations and other documents and
to make consequential and related
amendments to other Acts
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Regulations
Act.
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INTERPRETATION |
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| Definitions
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2. (1) In this Act,
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| ``regulation'' « règlement »
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``regulation'' means a document that is made
under an Act of Parliament and expresses
rules of conduct that are unilaterally
imposed, have binding legal effect and are
of general application and it includes any
document that is called a regulation in an
Act of Parliament;
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| ``regulatory
authority'' « autorité réglementante »
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``regulatory authority'' means, with respect to
a regulation or other document, the
authority authorized to make the document
but, if the document is authorized to be
made by the Governor in Council, it means
the minister who recommends the
document to the Governor in Council or any
other person or body designated by the
Governor in Council;
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| ``regulatory
process'' « processus réglementaire »
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``regulatory process'' means the process set
out in sections 6 to 12.
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| Interpretation
of
``regulation''
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(2) For greater certainty, ``regulation'' does
not include an order of a court, but it includes
a document that is made under an Act of
Parliament and
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| General or
specific
exercise of
powers
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3. A power exercisable under this Act with
respect to a regulation or other document may
be exercised with respect to a particular
document or with respect to a class of
documents.
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APPLICATION OF REGULATORY PROCESS |
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| Application of
the regulatory
process
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4. (1) The regulatory process applies to any
regulation made under an enabling provision
that calls it a regulation or specifies another
type of document to be used to exercise the
power conferred by the enabling provision,
such as an order, by-law, list or guideline.
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| Exemption for
certain types
of forms
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(2) The regulatory process does not apply to
a form of an administrative nature that does
not create substantive legal requirements, but
merely gives effect to existing legal
requirements.
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| Exemption
power of
Governor in
Council
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5. (1) The Governor in Council may, by
regulation, exempt regulations from the
application of the regulatory process.
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| Application
power of the
Governor in
Council
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(2) The Governor in Council may, by
regulation, extend the application of the
regulatory process, or any part of it, to a
regulation that it does not already apply to,
other than a regulation exempted from its
application by any Act of Parliament.
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| Application
power of
Clerk of the
Privy Council
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(3) The Clerk of the Privy Council may
extend the application of the regulatory
process, or any part of it, to a document other
than a regulation.
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| Principles of
legality,
accessibility
and
government
accountability
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(4) The powers of the Governor in Council
and the Clerk of the Privy Council under this
section are to be exercised in a way that
respects the public interest in principles of
legality, accessibility and government
accountability in making regulations and
other documents, taking into consideration the
importance of
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REGULATORY PROCESS |
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Proposed Regulations |
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| Responsibiliti
es of
regulatory
authorities
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6. (1) Each regulatory authority is
responsible for ensuring that the regulations it
proposes are authorized by law and are written
clearly in both official languages.
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| Consultation
with Deputy
Minister of
Justice
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(2) A regulatory authority may consult the
Deputy Minister of Justice on any matter
relating to the making of regulations,
including the application of this Act.
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| Responsibiliti
es of the
Deputy
Minister of
Justice
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7. (1) The Deputy Minister of Justice must
review each proposed regulation in order to
assist the regulatory authority in fulfilling its
responsibilities under subsection 6(1).
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| Notification
of Clerk of the
Privy Council
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(2) The Deputy Minister of Justice may
notify the Clerk of the Privy Council of any
concerns about the legality or clarity of the
proposed regulation that have not been
resolved with the regulatory authority and the
Clerk may bring the concerns to the attention
of the regulatory authority.
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| Repeal of
unreviewed
regulations
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(3) No regulation is invalid because it was
not reviewed by the Deputy Minister of Justice
before it was made, but the Governor in
Council may, by order, repeal all or part of a
regulation that was not reviewed.
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| Exceptions
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(4) This section does not apply to
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| Exemption
power of
Governor in
Council
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(5) The Governor in Council may exempt a
regulation from the application of this section
if the Governor in Council considers that
review by the Deputy Minister of Justice is not
necessary.
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Registration |
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| Regulations to
be sent for
registration
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8. (1) As soon as possible after a regulation
is made, the regulatory authority must send it
in both official languages to the Clerk of the
Privy Council for registration.
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| How
regulations
are to be sent
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(2) The Clerk of the Privy Council may
determine the form and manner in which
regulations must be sent for registration,
including sending by electronic means.
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| Exception
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(3) This section does not apply to a
regulation made by the Governor in Council
or subject to the approval of the Governor in
Council after being made by another person or
body.
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| Registration
by Clerk of
the Privy
Council
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9. (1) The Clerk of the Privy Council must
register as soon as possible in both official
languages
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| Refusal to
register
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(2) Notwithstanding subsection (1), the
Clerk may refuse to register a regulation that
was not reviewed under section 7, but should
have been.
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Publication |
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| Canada
Gazette
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10. (1) The Canada Gazette is the official
gazette of Canada and is to be published by the
Queen's Printer or by any other person or body
designated by the Governor in Council under
paragraph 26(c).
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| How the
Canada
Gazette is to
be published
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(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 networks
and any other electronic means.
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| Publication of
regulations in
the Canada
Gazette
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11. (1) A regulation must be published in the
Canada Gazette as soon as possible after it is
registered, unless it is subject to a direction
under subsection (2) or (3).
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| Notice of
making
regulations
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(2) If the text of a regulation is published in
the Canada Gazette before the regulation is
made and the same text is used in making the
regulation, the Clerk of the Privy Council may
direct that notice of the making of the
regulation, with a reference to the previous
publication of its text, be published in the
Canada Gazette as soon as possible after the
regulation is registered.
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| Alternative
methods of
publication
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(3) The Clerk of the Privy Council may
direct that, as soon as possible after a
regulation is registered, it be published in
another way that the Clerk considers will be
effective in bringing the substance of the
regulation to the notice of persons likely to be
affected by it.
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| Failure to
publish
regulations
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(4) No regulation is invalid because it was
not published in accordance with this section.
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| Defence
relating to
unpublished
regulations
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(5) No person may be convicted of an
offence or subjected to a penalty for a
contravention of a regulation that was not
published in accordance with this section on
or before the date of the alleged contravention,
unless it is proved that on that date
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| Distribution
of Canada
Gazette to
Members of
Parliament
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12. At the request of the Speaker of the
Senate or the House of Commons, a sufficient
number of copies of each issue of the Canada
Gazette in which regulations are published
must be provided without charge for the use of
members of that House.
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INDEXES |
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| Index of
registered
documents
and exempt
regulations
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13. (1) A quarterly consolidated index of all
registered documents, and all regulations
exempted under subsection 5(1), in force at
any time after the end of the preceding
calendar year, is to be published in the Canada
Gazette.
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| Information
about
exempted
regulations
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(2) For the purpose of including the
exempted regulations in the index, the
Governor in Council may require regulatory
authorities to provide information about any
of the exempted regulations that they are
responsible for.
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| Index of
unregistered
documents
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14. A quarterly index of unregistered
documents published in the Canada Gazette is
to be published in the Canada Gazette.
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INSPECTION AND COPIES |
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| Inspection of
documents
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15. (1) A person may inspect
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| Copies of
documents
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(2) A person may obtain a copy of
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