Statutory Instruments Act (R.S.C., 1985, c. S-22)

Short Title

Marginal note:Short title

1 This Act may be cited as the Statutory Instruments Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  prescribed

  prescribed means prescribed by regulations made pursuant to this Act; (Version anglaise seulement)

  regulation

  regulation means a statutory instrument

  • (a) made in the exercise of a legislative power conferred by or under an Act of Parliament, or

  • (b) for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament,

  and includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, and any instrument described as a regulation in any other Act of Parliament; (règlement)

  regulation-making authority

  regulation-making authority means any authority authorized to make regulations and, with reference to any particular regulation or proposed regulation, means the authority that made or proposes to make the regulation; (autorité réglementaire)

  statutory instrument

  statutory instrument

  • (a) means any rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established

    • (i) in the execution of a power conferred by or under an Act of Parliament, by or under which that instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which that instrument relates, or

    • (ii) by or under the authority of the Governor in Council, otherwise than in the execution of a power conferred by or under an Act of Parliament,

    but

  • (b) does not include

    • (i) any instrument referred to in paragraph (a) and issued, made or established by a corporation incorporated by or under an Act of Parliament unless

      • (A) the instrument is a regulation and the corporation by which it is made is one that is ultimately accountable, through a Minister, to Parliament for the conduct of its affairs, or

      • (B) the instrument is one for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament,

    • (ii) any instrument referred to in paragraph (a) and issued, made or established by a judicial or quasi-judicial body, unless the instrument is a rule, order or regulation governing the practice or procedure in proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament,

    • (iii) any instrument referred to in paragraph (a) and in respect of which, or in respect of the production or other disclosure of which, any privilege exists by law or whose contents are limited to advice or information intended only for use or assistance in the making of a decision or the determination of policy, or in the ascertainment of any matter necessarily incidental thereto, or

    • (iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act, of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule. (texte réglementaire)

• Marginal note:Determination of whether certain instruments are regulations

  (2) In applying the definition regulation in subsection (1) for the purpose of determining whether an instrument described in subparagraph (b)(i) of the definition statutory instrument in that subsection is a regulation, that instrument shall be deemed to be a statutory instrument, and any instrument accordingly determined to be a regulation shall be deemed to be a regulation for all purposes of this Act.

Examination of Proposed Regulations

Marginal note:Proposed regulations sent to Clerk of Privy Council

• 3 (1) Subject to any regulations made pursuant to paragraph 20(a), where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Clerk of the Privy Council three copies of the proposed regulation in both official languages.

• Marginal note:Examination

  (2) On receipt by the Clerk of the Privy Council of copies of a proposed regulation pursuant to subsection (1), the Clerk of the Privy Council, in consultation with the Deputy Minister of Justice, shall examine the proposed regulation to ensure that

  • (a) it is authorized by the statute pursuant to which it is to be made;

  • (b) it does not constitute an unusual or unexpected use of the authority pursuant to which it is to be made;

  • (c) it does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights; and

  • (d) the form and draftsmanship of the proposed regulation are in accordance with established standards.

• Marginal note:Advise regulation-making authority

  (3) When a proposed regulation has been examined as required by subsection (2), the Clerk of the Privy Council shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in paragraph (2)(a), (b), (c) or (d) to which, in the opinion of the Deputy Minister of Justice, based on that examination, the attention of the regulation-making authority should be drawn.

• Marginal note:Application

  (4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in proceedings before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada or the Court Martial Appeal Court.

Marginal note:Doubt as to nature of proposed statutory instrument

4 Where any regulation-making authority or other authority responsible for the issue, making or establishment of a statutory instrument, or any person acting on behalf of such an authority, is uncertain as to whether a proposed statutory instrument would be a regulation if it were issued, made or established by that authority, it or he shall cause a copy of the proposed statutory instrument to be forwarded to the Deputy Minister of Justice who shall determine whether or not the instrument would be a regulation if it were so issued, made or established.

Transmission and Registration

Marginal note:Transmission of regulations to Clerk of Privy Council

• 5 (1) Subject to any regulations made pursuant to paragraph 20(b), every regulation-making authority shall, within seven days after making a regulation, transmit copies of the regulation in both official languages to the Clerk of the Privy Council for registration pursuant to section 6.

• Marginal note:Copies to be certified

  (2) One copy of each of the official language versions of each regulation that is transmitted to the Clerk of the Privy Council pursuant to subsection (1), other than a regulation made or approved by the Governor in Council, shall be certified by the regulation-making authority to be a true copy thereof.

Marginal note:Registration of statutory instruments

6 Subject to subsection 7(1), the Clerk of the Privy Council shall register

• (a) every regulation transmitted to him pursuant to subsection 5(1);

• (b) every statutory instrument, other than a regulation, that is required by or under any Act of Parliament to be published in the Canada Gazette and is so published; and

• (c) every statutory instrument or other document that, pursuant to any regulation made under paragraph 20(g), is directed or authorized by the Clerk of the Privy Council to be published in the Canada Gazette.

Marginal note:Refusal to register

• 7 (1) Where any statutory instrument is transmitted or forwarded to the Clerk of the Privy Council for registration under this Act, the Clerk of the Privy Council may refuse to register the instrument if

  • (a) he is not advised that the instrument was, before it was issued, made or established, determined by the Deputy Minister of Justice pursuant to section 4 to be one that would, if it were issued, made or established, not be a regulation; and

  • (b) in his opinion, the instrument was, before it was issued, made or established, a proposed regulation to which subsection 3(1) applied and was not examined in accordance with subsection 3(2).

• Marginal note:Determination by Deputy Minister of Justice

  (2) Where the Clerk of the Privy Council refuses to register any statutory instrument for the reasons referred to in subsection (1), he shall forward a copy of the instrument to the Deputy Minister of Justice who shall determine whether or not it is a regulation.

Power to Revoke Regulations

Marginal note:Revocation of regulations by Governor in Council

8 No regulation is invalid by reason only that it was not examined in accordance with subsection 3(2), but where any statutory instrument that was issued, made or established without having been so examined

• (a) was, before it was issued, made or established, determined by the Deputy Minister of Justice pursuant to section 4 to be one that would, if it were issued, made or established, be a regulation, or

• (b) has, since its issue, making or establishment, been determined by the Deputy Minister of Justice pursuant to subsection 7(2) to be a regulation,

the Governor in Council, on the recommendation of the Minister of Justice, may, notwithstanding the provisions of the Act by or under the authority of which the instrument was or purports to have been issued, made or established, revoke the instrument in whole or in part and thereupon cause the regulation-making authority or other authority by which it was issued, made or established to be notified in writing of that action.

Coming into Force of Regulations

Marginal note:Coming into force

• 9 (1) No regulation shall come into force on a day earlier than the day on which it is registered unless

  • (a) it expressly states that it comes into force on a day earlier than that day and is registered within seven days after it is made, or

  • (b) it is a regulation of a class that, pursuant to paragraph 20(b), is exempted from the application of subsection 5(1),

  in which case it shall come into force, except as otherwise authorized or provided by or under the Act pursuant to which it is made, on the day on which it is made or on such later day as may be stated in the regulation.

• Marginal note:Where regulation comes into force before registration

  (2) Where a regulation is expressed to come into force on a day earlier than the day on which it is registered, the regulation-making authority shall advise the Clerk of the Privy Council in writing of the reasons why it is not practical for the regulation to come into force on the day on which it is registered.

Publication in Canada Gazette

Marginal note:Official gazette of Canada

• 10 (1) The Queen’s Printer shall continue to publish the Canada Gazette as the official gazette of Canada.

• Marginal note:Publication

  (2) The Governor in Council may determine the form and manner in which the Canada Gazette, or any part of it, is published, including publication by electronic means.