Statutory Instruments Regulations (C.R.C., c. 1509)

Regulations are current to 2016-11-21 and last amended on 2015-06-18. Previous Versions

Statutory Instruments Regulations

C.R.C., c. 1509

STATUTORY INSTRUMENTS ACT

Regulations Respecting the Examination, Publication and Scrutiny of Regulations and Other Statutory Instruments

Short Title

 These Regulations may be cited as the Statutory Instruments Regulations.

Interpretation

 In these Regulations,

Act

Act means the Statutory Instruments Act; (Loi)

exempt from examination

exempt from examination means exempt from the application of subsection 3(1) of the Act; (soustrait à l’examen)

exempt from publication

exempt from publication means exempt from the application of subsection 11(1) of the Act; (soustrait à la publication)

exempt from registration

exempt from registration means exempt from the application of subsection 5(1) of the Act. (soustrait à l’enregistrement)

Exemption from Examination

 The following proposed regulations and classes of proposed regulations are exempt from examination:

  • (a) each proposed regulation that would, if it were made, be a regulation that would be exempt from registration; and

  • (b) each proposed regulation described in subsection 15(2), other than a proposed regulation described in paragraph (d) thereof, that would, if it were made, be a regulation that would be exempt from publication.

Transmission and Registration

  •  (1) Subject to subsection (2), copies of every regulation transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act shall be transmitted by personal service.

  • (2) Copies of a regulation may be transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act by ordinary mail if they are mailed not later than the day next following the day on which the regulation is made.

 Where a regulation is transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act, the Clerk of the Privy Council shall register the regulation

  • (a) by recording

    • (i) its name,

    • (ii) the name of the regulation-making authority,

    • (iii) the statutory or other authority pursuant to which it was made,

    • (iv) the date upon which it was made, and

    • (v) the date upon which it is registered; and

  • (b) by assigning to it the designation “S.O.R.” followed by an appropriate number to distinguish it from any other regulation.

  • SOR/93-245, s. 1;
  • 2015, c. 33, s. 4(F).

 The Clerk of the Privy Council shall register every statutory instrument and other document, other than a regulation, that is published in the Canada Gazette

  • (a) by recording

    • (i) its name or the nature of its subject matter,

    • (ii) the name of the authority that issued, made or established it,

    • (iii) the statutory or other authority pursuant to which it was issued, made or established, and

    • (iv) the date upon which it was published; and

  • (b) by assigning to it an appropriate number to distinguish it from any other document that has been published in the Canada Gazette.

Exemption from Registration

 The following classes of regulations, the registration of which, in the opinion of the Governor in Council, is not reasonably practicable due to the number of regulations of those classes, are hereby exempt from registration:

  • (a) regulations made under the authority of section 12 of the National Defence Act;

  • (b) [Repealed, SOR/97-381, s. 1]

  • (c) “instructions to the trade” issued by the Canadian Wheat Board under the authority of the Canadian Wheat Board Act;

  • (d) regulations issued or made by the Canadian Grain Commission under the Canada Grain Act that

    • (i) are directed to a single person or body, or

    • (ii) apply to licensees for a period of time terminating not later than the end of the crop year with respect to which they were issued or made;

  • (e) orders made by the Minister of Labour under subsection 135(3) of the Canada Labour Code;

  • (e.1) orders made by a safety officer under subsection 135(4) of the Canada Labour Code;

  • (e.2) approvals and directions given by a safety officer under section 137 of the Canada Labour Code;

  • (e.3) directions issued by a safety officer under subsection 145(1) or (2) of the Canada Labour Code;

  • (f) orders and regulations issued or made by

    that are directed to a single person or body;

  • (g) by-laws, rules and regulations made under section 233 of the Railway Act, other than by-laws, rules and regulations respecting

    • (i) the smoking of tobacco, expectorating, and the commission of any nuisance in or upon trains, stations or other premises occupied by a railway company, or

    • (ii) the travelling upon or using of a railway by members of the public;

  • (h) orders and directions issued by the designated officer under subsection 22(1) of the Northern Pipeline Act;

  • (i) orders made by the Energy Supplies Allocation Board under the Energy Supplies Emergency Act that are directed to a single person or body;

  • (j) orders made by a person engaged or employed in the administration or enforcement of the Fisheries Act whereby a close time, fishing quota or limit on the size or weight of fish that has been fixed in respect of an area under regulations made under that Act is varied in respect of that area or any portion of that area;

  • (j.1) orders made under subsection 3(1) of the Management of Contaminated Fisheries Regulations;

  • (k) permits issued by the Minister of Transport, or by a person designated by the Minister of Transport, under paragraph 3(3)(c) or subsection 27(1) of the Transportation of Dangerous Goods Act;

  • (l) membership rules established by a band under paragraph 10(2)(a) of the Indian Act and by-laws made by the council of a band under section 81 or subsection 83(1) or 85.1(1) of that Act; and

  • m) licences, permits and other authorizing instruments issued pursuant to regulations made under the Canada National Parks Act.

  • SOR/78-814, s. 1;
  • SOR/79-113, s. 1;
  • SOR/80-900, s. 1;
  • SOR/81-694, s. 1;
  • SOR/86-172, s. 1;
  • SOR/86-443, s. 1;
  • SOR/87-398, s. 1;
  • SOR/91-99, s. 1;
  • SOR/91-430, s. 1;
  • SOR/93-245, s. 2;
  • SOR/94-479, s. 1;
  • SOR/97-381, s. 1;
  • SOR/2006-123, s. 1.

Retention of Statutory Instruments

  •  (1) The Clerk of the Privy Council shall retain the original, or a copy certified to be a true copy, of each of the official language versions of each statutory instrument or other document that is registered pursuant to section 6 of the Act.

  • (2) Where a regulation is exempt from registration, the regulation-making authority shall retain the original, or a copy certified to be a true copy, of each of the official language versions of that regulation.

  • SOR/93-245, s. 3;
  • 2015, c. 33, s. 4(F).
 
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