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Federal Regulations

Page history last edited by Cecilia Tellis 11 years, 6 months ago

2.1 Introduction

 

READ : House of Commons Procedure and Practice Online

 

or in print: House of Commons procedure and practice / [edited by] Robert Marleau, Camille Montpetit.

Reference: KE 4535 .C2995 2000 

 

2.2 Regulatory process

Less complex and shorter than the legislative process, it is nevertheless subjected to rules and procedures found in the Statutory Instruments Act, R.S.C. 1985, c. S-22.

 

          See : The Regulatory process (Treasury Board of Canada)

 

2.3 Publication of regulations

 

      Most proposed regulations are published in the Canada Gazette, Part I.

 

Once the prepublication stage has occurred, according to the Statutory Instruments Act, s.11(1) the regulation must be published in the Canada Gazette, Part II within 23 days after copies thereof are registered.

 

A regulation is basically structured in the same manner as a statute, i.e. a title, definitions and is organized by sections and subsections.

 

A regulation is always identified by the abbreviation SORS (Statutory Orders and Regulations) followed by a distinct number, the first part (e.g. 98) corresponds to the year it was registered and the second part (e.g. 000) corresponds to the chronological order in which it was registered.

 

Several regulations include a summary of the impact study of the regulations. All regulations include a date of registration.

 

All regulations are examined by the Standing Joint Committee for the Scrutiny of Regulations (House of Commons & Senate.

 

Regulations are promulgated by the appropriate government ministry bureaucrats or other bodies after varying degrees of public consultation and then most often enacted by the Lieutenant Governor or Governor General. As such, regulations are considered subordinate or delegated legislation.

 

2.4 Coming into force of a regulation

Like a statute, a regulation must come into force before it can be cited.

 

·         A regulation can come into force according to the conditions set out in the enabling statute.

·         A regulation can also come into force according to the conditions set out in the regulation itself.

·         If a coming into force date is not indicated, under the terms of section 6(2) b) of the Interpretation Act, a regulation can come into force on the day of its registration.

 

2.5 Finding regulations

Section 14 of the Statutory Instruments Act sets out that there is directory of regulations published three times a year entitled the Consolidated Index of Statutory Instruments.

 

·         The publication is cumulated on March 31, June 30 and September 30.

·         This Table provides a reference to regulations, statutory instruments (other than regulations) and other documents that have been made under statutory or other authority and that were in force at any time during the current calendar year.

·         The instruments are listed alphabetically according to their title showing the authority under which they were made and are listed in Table II.

·         For instruments no longer in force, that were published in the Canada Gazette Part II, reference should be made to the Consolidated Index of December 31st of the year in question.

 N.B.  There is no annual volume of regulations. There is however the Consolidated regulations of Canada (C.R.C.), 1978 which is an official compilation of regulations which were in force on December 31, 1977.

·         Between the publication of the issues of the Index, you must consult each issue of the Canada Gazette, Part II or consult Canadian Current Law – Legislation which includes a section on regulations for each jurisdiction in Canada.

       

Other source : You can also consult the Canada Regulations Index, a loose-leaf service published by Carswell and updated monthly (SLR 4-3).

 

Citation standard: CGULC, 6th ed., 2.1.6. Regulations

 

Unrevised: Canadian Aviation Security Regulations, S.O.R./2000-111.

N.B. It is not necessary to include a reference to the Canada Gazette.

Revised: Migratory Birds Regulations, C.R.C., c.1035.

 

 

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Next to 2.6 Online Sources for Canadian Legislation

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