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Publication in the Canada Gazette and Coming-into-force

Page history last edited by Cecilia Tellis 15 years, 9 months ago

1.1.5 Publication in the Canada Gazette

The Canada Gazette is the only official medium for the publication of all legally binding decisions of the Government of Canada, its various boards, agencies, commissions and Crown corporations.

It is composed of three parts:

Part I contains all formal public notices, official appointments, miscellaneous announcements relating to federal statutes and/or regulations and proposed regulations including extra editions, supplements, weekly and quarterly indexes related to Part I.

Part II contains statutory instruments, regulations and the consolidated index of Statutory Instruments, including extra editions and extracts related to Part II.

Part III contains all the Acts of Canada after they have received Royal Assent.

Electronic version

Since April 1, 2003, the PDF format version of Parts I, II and II is an official version, as it is marked up from the same file as the printed version.Note that prior issues published before this date do not have this official status.

1.1.6 Coming-into-force

See : http://www.pco-bcp.gc.ca/default.asp?Language=E&Page=InformationResources&Sub=Publications&doc=legislation/lmgchapter2.5_e.htm

After its adoption by the two Houses of Parliament, a bill becomes an Act. Once it receives Royal Assent, this act becomes part of the Canadian body of law (The Law of the Land). But an act that has been assented to can not be applied until it has come into force.

Under the terms of article 5(2) of the Interpretation Act, an act comes in force at the date of its Royal Assent, except if another date is mentioned within the Act.

The entry into force can then be done wholly or by article.

The text of the act can foresee the date or the methods of entry into force.

The text of the act specifies that the law will come into effect on a date fixed by an Order in Council. In this case, it is up to the Cabinet and Ministry to determine the date. The Order in Council is published in the Canada Gazette, Part II, under the designation "SI" (statutory instrument: a regulation, order, commission or other instrument authorized by an Act of Parliament.).

N.B. The method of entry into force always appears within the last article of the Act.

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