Bill C-25

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Second Reading

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R.S., c. 41 (3rd Supp.)	Customs Tariff
1994, c. 47, s. 83	*62. Subsection 60.01(8) of the Customs Tariff* is replaced by the following:**
Exemption from regulatory process	(8) An order under subsection (1) is exempt from the application of the regulatory process under the Regulations Act.
1989, c. 18, s. 4	63. Subsection 60.2(11) of the Act is replaced by the following:
Exemption from regulatory process	(11) An order made pursuant to subsection (1) is exempt from the regulatory process under the Regulations Act.
1992, c. 28, s. 38	64. Subsection 108(2) of the Act is re placed by the following:
Retroactive effect	(2) A regulation made under subsection (1) that provides that it is to come into force on a day earlier than the day it is registered under section 9 of the Regulations Act comes into force on that earlier day if it gives effect to a public announcement made on or before that earlier day.
R.S., c. D-1	Defence Production Act
	*65. Subsection 34(1) of the Defence Pro duction Act* is replaced by the following:**
Publication in Canada Gazette	34. (1) A regulation made under this Act shall be published in the Canada Gazette within thirty days after it is made if the regulatory process under the Regulations Act applies to it.
R.S., c. 3 (2nd Supp.)	Divorce Act
	*66. Subsection 25(4) of the Divorce Act* is replaced by the following:**
Not regulations	(4) Rules made pursuant to this section are not regulations for the purposes of the Regula tions Act.
R.S., c. 22 (4th Supp.)	Emergencies Act
	*67. Subsection 61(2) of the Emergencies Act* is replaced by the following:**
Reference to Committee	(2) Where an order or regulation made pursuant to this Act is exempted from publica tion in the Canada Gazette by regulations made under the Regulations Act, the order or regulation, in lieu of being laid before each House of Parliament as required by subsection (1), shall be referred to the Parliamentary Review Committee within two days after it is made or, if the Committee is not then desig nated or established, within the first two days after it is designated or established.
R.S., c. E-9	Energy Supplies Emergency Act
	*68. Subsection 2(2) of the Energy Supplies Emergency Act* is replaced by the following:**
Definition of ``regulation under this Act''	(2) In this Act, the expression ``regulation under this Act'' includes an order made by the Board pursuant to any regulations made under Part I or II by the Board, and a regulation under this Act and any order or direction of the Governor in Council or the Board under this Act is subject to the regulatory process under the Regulations Act if it is a regulation as defined in section 2 of that Act.
R.S., c. E-19	Export and Import Permits Act
	*69. Subsection 5(2) of the Export and Import Permits Act* is replaced by the following:**
Statement or summary to be laid before Parliament	(2) Where any goods are included in the Import Control List for the purpose of ensur ing supply or distribution of goods subject to allocation by intergovernmental arrangement or for the purpose of implementing an inter governmental arrangement or commitment, a statement of the effect or a summary of the arrangement or commitment, if it has not previously been laid before Parliament, shall be laid before Parliament not later than fifteen days after the order of the Governor in Council including those goods in the Import Control List is published in the Canada Gazette pursuant to the Regulations Act or, if Parlia ment is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
R.S., c. F-11	Financial Administration Act
	*70. Subsection 102(5) of the Financial Administration Act* is replaced by the fol lowing:**
No constructive notice	(5) No person dealing with a Crown corpo ration or with any person who has acquired rights from a Crown corporation shall be deemed to have notice or knowledge of the contents of a document, other than an Act of Parliament or any document required to be published in the Canada Gazette pursuant to the Regulations Act, concerning the corpora tion by reason only that the document has been made public.
	71. Subsection 153(1) of the Act is re placed by the following:
Commercially detrimental information	153. (1) Nothing in this Part or the Regula tions Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the appropriate Minister, would be detrimental to the commercial interests of a parent Crown corporation or a wholly- owned subsidiary of a parent Crown corpora tion.
1990, c. 21	Health of Animals Act
	*72. Section 28 of the Health of Animals Act* is replaced by the following:**
Not a regulation	28. For greater certainty, a declaration under section 22, 23, 26 or 27 is not a regulation for the purposes of the Regulations Act, but the Minister shall take such steps as may be practicable in the circumstances to bring any declaration under section 27 to the notice of persons likely to be affected by it.
R.S., c. I-5	Indian Act
	*73. Section 10 of the Indian Act* is amended by adding the following after subsection (11):**
Exemption from regulatory process	(12) Rules made under this section are exempt from the application of the regulatory process under the Regulations Act.
	74. The Act is amended by adding the following after section 86:
Register of by-laws and rules	86.1 (1) The council of a band shall maintain at its principal administrative office a register containing all by-laws made by the council of the band under this Act and all rules made by the band under section 10.
Access to the register	(2) Any person may have reasonable access to the register during normal business hours.
Defence	(3) No person may be convicted of an offence or punished for a contravention of a by-law made by a council of a band under this Act unless it is proved that at the time of the alleged contravention
	(a) the person had actual notice of the substance of the by-law;
	(b) the by-law or a summary of it had been published in a local or community newspa per of general circulation in the area where the by-law applies; or
	(c ) other reasonable steps had been taken to bring the substance of the by-law to the attention of persons likely to be affected by it.
Exemption from regulatory process	86.2 By-laws made by the council of a band under this Act are exempt from the application of the regulatory process under the Regula tions Act.
Exemption of previously made rules and by-laws	75. Rules made under section 10 of the Act and by-laws made under section 81, 83 or 85.1 of the Act before the coming into force of this section are deemed to have been exempted, pursuant to paragraphs 20(a), (b) and (c) of the Statutory Instruments Act, from the application of sections 3, 5 and 11 of that Act when they were made.
1995, c. 1	Department of Industry Act
	*76. Subsection 21(3) of the Department of Industry Act* is replaced by the following:**
Reference to scrutiny committee	(3) Any fee fixed under section 18, 19 or 20 shall stand permanently referred to a commit tee described in section 25 of the Regulations Act to be scrutinized as if it were a regulation.
1991, c. 47	Insurance Companies Act
	*77. Section 700 of the Insurance Compa nies Act* is repealed.**
R.S., c. I-21	Interpretation Act
1992, c. 1, s. 87	*78. Section 6 of the Interpretation Act* is replaced by the following:**
Operation when date fixed for commence- ment or repeal	6. (1) Where an enactment specifies that it comes into force on a particular day, it comes into force at the beginning of that day, and where an enactment specifies that it expires, lapses or otherwise ceases to have effect on a particular day, it ceases to have effect at the end of that day.
Regulations in force before registration	(2) A regulation that is required to be registered under the Regulations Act does not come into force before the day it is registered, unless
	(a) it specifies when it comes into force, which may not be before the day it is made unless authorized by an Act of Parliament; and
	(b) it is registered as soon as possible after it is made.
When no date fixed	(3) Where an enactment does not specify that it comes into force on a particular day, it comes into force
	(a) in the case of an Act, at the beginning of the day it was assented to in Her Majesty's name;
	(b) in the case of a regulation that is required to be registered under the Regulations Act, at the beginning of the day it is registered; and
	(c) in the case of any other regulation, at the beginning of the day it is made.
1992, c. 1, s. 89(4)	79. Subsection 24(3) of the Act is replaced by the following:
Restriction as to public servants	(3) Nothing in paragraph (2)(c) or (d) shall be construed as authorizing the exercise of any authority conferred on a minister to make a regulation as defined in section 2 of the Regulations Act.
R.S., c. J-2	Department of Justice Act
R.S., c. 31 (1st Supp.), s. 93; 1992, c. 1, s. 144(1) (Sch. VII, item 38)(F)	*80. Section 4.1 of the Department of Justice Act* is replaced by the following:**
Examination of Bills and regulations	4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regu lations as may be prescribed by the Governor in Council, examine
	(a) every regulation registered by the Clerk of the Privy Council under the Regulations Act, and
	(b) every Bill introduced in or presented to the House of Commons by a minister of the Crown
	in order to ascertain whether any of its provi sions are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall report any such inconsistency to the House of Com mons at the first convenient opportunity.
Exception	(2) A regulation need not be examined in accordance with subsection (1) if it was reviewed as a proposed regulation in accor dance with section 7 of the Regulations Act to ensure that it was not inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms.
R.S., c. L-2	Canada Labour Code
1993, c. 42, s. 16(1)	*81. Subsection 172.1(8) of the Canada Labour Code* is repealed.**
1993, c. 42, s. 37	82. Section 251.17 of the Act is repealed.
R.S., c. 44 (4th Supp.)	Lobbyists Registration Act
1995, c. 12, s. 3	*83. Subparagraph 5(1)(a)(iii) of the Lob byists Registration Act* is replaced by the following:**
	(iii) the making or amendment of any regulation as defined in section 2 of the Regulations Act,
1995, c. 12, s. 3	84. Paragraph 6(1)(c) of the Act is re placed by the following:
	(c) the making or amendment of any regulation as defined in section 2 of the Regulations Act,
1995, c. 12, s. 3	85. Paragraph 7(1)(c) of the Act is re placed by the following:
	(c) the making or amendment of any regulation as defined in section 2 of the Regulations Act,
1995, c. 12, s. 5	86. Subsection 10(2) of the Act is replaced by the following:
Interpreta- tion bulletins not binding	(2) The advisory opinions and interpreta tion bulletins are not binding.
1995, c. 12, s. 5	87. Subsection 10.2(4) of the Act is replaced by the following:
Code not a regulation	(4) The Code is not a regulation for the purposes of the Regulations Act, but the Code shall be published in the Canada Gazette.