Bill S-41
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49-50-51 ELIZABETH II |
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CHAPTER 20 |
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[Assented to 13th June, 2002]
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An Act to re-enact legislative instruments
enacted in only one official language
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| Short title
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1. This Act may be cited as the Legislative
Instruments Re-enactment Act.
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| Definitions
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2. The following definitions apply in this
Act.
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| ``enacted'' « édicter »
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``enacted'' includes issued, made and
established.
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| ``government
publication'' « publication gouvernemen- tale »
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``government publication'' means the Canada
Gazette or any other official publication of
the Government of Canada in which
legislative instruments were published.
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| ``legislative
instrument'' « texte législatif »
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``legislative instrument'' means
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| Instruments
published in
both
languages
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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originally enacted in only one official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.
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| Re-enactment
retroactive
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(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be repealed as at that time.
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| Instruments
not published
or published
in one
language
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4. (1) Where a legislative instrument was
originally enacted in only one official
language and, at the time of its enactment, was
published in only one official language or was
exempted by law from the requirement to be
published in a government publication, 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.
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| Regulation
retroactive
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(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.
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| Offences
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(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 the contravention
occurred after the instrument was re-enacted
and published in both official languages.
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| Powers of
Governor in
Council
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(4) The Governor in Council may repeal
and re-enact a legislative instrument under
subsection (1) notwithstanding that
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| Conditions of
re-enactment
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(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.
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| Publication
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(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.
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| Repeal of
legislative
instruments
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(7) Upon the expiration of six years after
this Act comes into force, any legislative
instrument described in subsection (1) that has
not been re-enacted in both official languages
is repealed.
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| Deeming and
citation
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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.
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| Power to
amend or
repeal
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(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.
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| Reference to
title
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(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.
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| Both versions
equally
authoritative
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6. The English and French versions of an
instrument re-enacted under section 3 or 4 are
equally authoritative.
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| Repealed
instruments
not revived
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7. An instrument that was repealed or that
otherwise ceased to have effect on or before
the day on which this Act comes into force is
not by virtue of this Act or any regulation
made under this Act revived in respect of any
period subsequent to its repeal or ceasing to
have effect.
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| Exemption
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8. (1) The Statutory Instruments Act does
not apply to an instrument re-enacted under
section 3 or to a regulation made under section
4.
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| Referral for
scrutiny
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(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.
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| Review
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9. (1) Within five years after the day on
which this Act comes into force, the Minister
of Justice shall complete a review of the
implementation and operation of section 4.
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| Report
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(2) Subject to subsection (3), within one
year after the review is completed pursuant to
subsection (1), or within such further time as
may be authorized by both Houses of
Parliament, the Minister of Justice shall
submit a report on the review to each House of
Parliament that includes:
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| Number of
certain
instruments
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(3) The report referred to in subsection (2)
shall, in respect of legislative instruments of a
class referred to in subsection 15(3) of the
Statutory Instruments Regulations, set out
only the number of such instruments that are
of the types described in paragraphs (2)(b) and
(c).
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