Bill C-84

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First Reading

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	INCORPORATION BY REFERENCE
Externally produced material	16. (1) A regulation may incorporate by reference material produced by a person or body other than the regulatory authority, including a person or body such as
	(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
	(b) an industrial or trade organization; and
	(c) a government, government agency or international body.
Reproduced or translated material	(2) A regulation may incorporate by reference material that the regulatory authority reproduces or translates from material produced by the other person or body
	(a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or
	(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.
Jointly produced material	(3) A regulation may incorporate by reference material that the regulatory authority produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.
Internally produced standards	(4) A regulation may incorporate by reference technical or explanatory material that the regulatory authority produces, such as
	(a) specifications, classifications, illustrations, graphs and other information of a technical nature;
	(b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature;
	(c) criteria relevant to the application of the regulation; and
	(d) examples of how the regulation applies.
Scope of incorporation	(5) Material may be incorporated by reference under this section as the material exists at a particular date or as amended from time to time.
Accessibility of incorporated material	17. (1) A regulatory authority must take reasonable steps to ensure that material incorporated by reference in a regulation, including any amendments to the material, is accessible to persons likely to be affected by the regulation.
Electronic publication in Canada Gazette	(2) Subject to the Copyright Act, documents incorporated by reference in regulations may be included in versions of the Canada Gazette that are published by electronic means if the Governor in Council determines that they may be included.
Defence	18. No person may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,
	(a) the material was reasonably accessible to the person;
	(b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or
	(c) the material had been published in the Canada Gazette.
Incorporated material is not a regulation	19. Material does not become a regulation for the purposes of this Act because it is incorporated by reference in a regulation.
	FORMS
Delegation of Governor in Council's authority	20. (1) The Governor in Council may, by regulation, delegate to a minister any authority that the Governor in Council has to prescribe a form by regulation.
Format and methods of submission	(2) A person or body that is authorized to prescribe a form may determine, or authorize any person to determine, the format of the form and any incidental information to be provided on it and the method of submitting the form, including paper and electronic formats and methods.
	OPERATION OF REGULATIONS AND OTHER DOCUMENTS
Application of sections 22 to 24	21. (1) Sections 22 to 24 apply unless another Act expresses a contrary intention.
References to documents	(2) A reference in sections 22 to 24 to a document includes any part of a document.
Registered documents	22. (1) A document that is required to be registered comes into force at the beginning of the day it is registered.
Unregistered regulations	(2) A regulation that is not required to be registered comes into force at the beginning of the day it is made.
Exception	(3) Subsections (1) and (2) do not apply to the extent that a document specifies when it comes into force.
Date specified	(4) If a document specifies that it comes into force on a particular day, without specifying a time, it comes into force at the beginning of that day.
Coming into force before registration	23. (1) A document that is required to be registered 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.
Reasons	(2) If a document specifies that it comes into force on or after the day it is made, but before the day it is registered, the regulatory authority must advise the Clerk of the Privy Council in writing of the reasons why it is not practical for the document to come into force on or after the day it is registered.
Ceasing to have effect	24. If a registered document or an unregistered regulation 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, unless it specifies a different time.
	SCRUTINY BY PARLIAMENT
Regulations referred to scrutiny committee	25. (1) Every regulation stands permanently referred to any committee of the House of Commons, of the Senate or of both Houses of Parliament established for the purpose of scrutinizing those documents.
Other documents and exempt regulations	(2) Subsection (1) also applies to other documents that are required to be registered, but it does not apply to regulations exempted under paragraph 26(g).
	REGULATIONS
Regulation- making power of Governor in Council	26. The Governor in Council may make regulations respecting the regulatory process and for carrying out the purposes of this Act, including regulations
	(a) designating tribunals and agencies for the purposes of section 2 or 7;
	(b) establishing an electronic system for public consultation on proposed regulations;
	(c) respecting the publication of the Canada Gazette, including
	(i) the designation of any person or agency to publish the Canada Gazette,
	(ii) the form and manner in which the Canada Gazette or any part of it is to be published and the publication of documents in it, and
	(iii) publication by electronic networks or any other electronic means;
	(d) determining who may receive without charge copies of, or access to, the Canada Gazette, respecting the fees to be paid by other persons and determining who is to provide the copies or access;
	(e) respecting the inspection and copying of regulations and other documents, including the fees to be paid for inspecting and copying them;
	(f) prescribing reasonable steps to be taken to ensure that material incorporated by reference in a regulation or class of regulations is accessible to persons likely to be affected by the regulations; and
	(g) exempting any regulation from publication, indexing, inspection and copying under this Act if the Governor in Council is satisfied that publication, indexing, inspection and copying could be reasonably expected to injure
	(i) the conduct of federal-provincial affairs by the Government of Canada,
	(ii) the conduct of international affairs by the Government of Canada, or
	(iii) the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act.
	REPEAL
Repeal of R.S., c. S-21	*27. The Statutory Instruments Act* is repealed.**
	TRANSITIONAL PROVISIONS
Previously exempted regulations	28. (1) The Governor in Council may, by regulation, exempt from the application of the regulatory process a regulation or class of regulations that was prescribed under paragraph 20(a), (b) or (c) of the Statutory Instruments Act as exempt from examination, registration or publication under that Act immediately before its repeal.
Exempt regulations to be included in index	(2) Each exempted regulation must be included in the index published under subsection 13(1), unless the regulation is also exempted under paragraph 26(g).
Incorporation by reference	29. For greater certainty, sections 16 to 19 apply to any regulation, regardless of whether it is made before or after those sections come into force, unless the Act under which the regulation is made expresses a contrary intention.
Documents previously referred to scrutiny committee	30. Every document referred to a parliamentary committee by section 19 of the Statutory Instruments Act continues to stand permanently referred to any committee mentioned in section 25 of this Act.
	CONSEQUENTIAL AND RELATED AMENDMENTS
R.S., c. A-2	Aeronautics Act
R.S., c. 33 (1st Supp.), s. 1	*31. Subsection 5.6(1) of the Aeronautics Act* is replaced by the following:**
Publication of zoning regulations	5.6 (1) In addition to the publication required by the Regulations Act, a copy of every zoning regulation shall, forthwith after it is made, be published in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates.
R.S., c. 33 (1st Supp.), s. 1	32. Subsection 5.7(7) of the Act is repealed.
R.S., c. 33 (1st Supp.), s. 1	33. Section 6.1 of the Act is replaced by the following:
Notice of unpublished regulations	6.1 Where a regulation, as defined in section 2 of the Regulations Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(5)(b) of that Act that reasonable steps were taken to bring the substance of the regulation to the notice of those persons likely to be affected by it.
1992, c. 4, s. 12	34. Subsection 6.2(1) of the Act is replaced by the following:
Exemption of certain regulations from regulatory process	6.2 (1) A regulation, as defined in section 2 of the Regulations Act, that under this Part prohibits or restricts the use of any airspace or aerodrome, and an order made by the Minister under subsection 4.3(2) in respect of security measures, are exempt from the application of the regulatory process under that Act.
1992, c. 4, s. 13	35. Subsection 6.41(4) of the Act is replaced by the following:
Exemption	(4) An interim order
	(a) is exempt from the application of the regulatory process under the Regulations Act; and
	(b) where it is approved, shall be published in the Canada Gazette as soon as possible after it is approved.