Bill S-41

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	Senate of Canada
	BILL S-41
	An Act to re-enact legislative instruments enacted in only one official language
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title	1. This Act may be cited as the Legislative Instruments Re-enactment Act.
Definitions	2. The following definitions apply in this Act.
``enacted'' « édicter »	``enacted'' includes issued, made and established.
``government publication'' « publication gouvernement alets»	``government publication'' means the Canada Gazette or any other official publication of the Government of Canada in which legislative instruments were published.
``legislative instrument'' « texte législatif »	``legislative instrument'' means
	(a) an instrument enacted by, or with the approval of, the Governor in Council or a minister of the Crown in the execution of a legislative power conferred by or under an Act of Parliament; or
	(b) an instrument that amends or repeals an instrument referred to in paragraph (a).
Instruments published in both languages	3. (1) Every legislative instrument that was originally enacted in only one official language and was, at the time of its enactment, published in both official languages in a government publication is hereby re-enacted in both official languages in the same form as that in which the legislative instrument was published.
Re-enactment retroactive	(2) The provisions of an instrument re-enacted under subsection (1) are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force, and those corresponding provisions are deemed to be repealed as at that time.
Instruments not published or published in one language	4. (1) Where a legislative instrument was originally enacted in only one official language and was not published at the time of its enactment or was at that time published in only one official language, the Governor in Council may, by regulation, repeal the legislative instrument and re-enact it in both official languages, without change to the version of the legislative instrument in the language in which it was originally enacted.
Regulation retroactive	(2) A regulation made under subsection (1) shall provide that the provisions of the re-enacted instrument are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force.
Offences	(3) No person shall be convicted of an offence consisting of a contravention of a provision of an instrument re-enacted under subsection (1) unless
	(a) the contravention occurred after the re-enacted instrument was published in both official languages; or
	(b) it is proved that reasonable steps were taken to bring the substance of the legislative instrument it replaces to the notice of that person before the contravention occurred.
Powers of Governor in Council	(4) The Governor in Council may repeal and re-enact a legislative instrument under subsection (1) notwithstanding that
	(a) the power under which the legislative instrument was originally enacted no longer exists; or
	(b) the office or body that originally enacted the legislative instrument no longer exists.
Conditions of re-enactment	(5) The re-enactment of a legislative instrument under subsection (1) is not subject to the same conditions, if any, that applied to the enactment of the legislative instrument it replaces.
Publication	(6) A regulation made under subsection (1) shall be published in the Canada Gazette, unless the regulation is a regulation of a class referred to in subsection 15(3) of the Statutory Instruments Regulations.
Deeming and citation	5. (1) An instrument re-enacted under section 3 or 4 is deemed to be, and to have always been, the legislative instrument it replaces and, subject to subsection (3), shall be cited in the same manner as that legislative instrument.
Power to amend or repeal	(2) For greater certainty, the holder of an office, or a body, that has the power to amend or repeal a legislative instrument that was re-enacted under section 3 or 4 may use that power to amend or repeal the re-enacted instrument.
Reference to title	(3) Where a legislative instrument was not published at the time of its enactment or was at that time published in only one official language, the re-enacted instrument that replaces it may be referred to by its title in either official language.
Exemption from Statutory Instruments Act	6. (1) The Statutory Instruments Act does not apply to an instrument re-enacted under section 3 or to a regulation made under section 4.
Referral for scrutiny	(2) Instruments re-enacted under section 3 and regulations made under section 4 stand permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act for review and scrutiny.

Bill S-41

BILL S-41