Legislative Instruments Re-enactment Act (S.C. 2002, c. 20)

Marginal note:Instruments not published or published in one language

• 4 (1) Where a legislative instrument was originally enacted in only one official language and, at the time of its enactment, was published in only one official language or was exempted by law from the requirement to be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in both official languages, without change to the version of the legislative instrument in the language in which it was originally enacted.

• Marginal note:Regulation retroactive

  (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.

• Marginal note:Offences

  (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.

• Marginal note:Powers of Governor in Council

  (4) The Governor in Council may repeal and re-enact a legislative instrument under subsection (1) notwithstanding that

  • (a) the power under which the legislative instrument was originally enacted no longer exists; or

  • (b) the office or body that originally enacted the legislative instrument no longer exists.

• Marginal note:Conditions of re-enactment

  (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.

• Marginal note:Publication

  (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.

• Marginal note:Repeal of legislative instruments

  (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any legislative instrument described in subsection (1) that has not been re-enacted in both official languages is repealed.