Statutory Instruments Act

Version of section 20 from 2002-12-31 to 2015-06-17:


Marginal note:Regulations

 The Governor in Council may make regulations,

  • (a) exempting any proposed regulation or class of regulation from the application of subsection 3(1) where that regulation or class of regulation would, if it were made, be exempted from the application of subsection 5(1) or 11(1) as a regulation or class of regulation described in subparagraph (c)(ii);

  • (b) exempting any class of regulation from the application of subsection 5(1) where, in the opinion of the Governor in Council, the registration thereof is not reasonably practicable due to the number of regulations of that class;

  • (c) subject to any other Act of Parliament, exempting from the application of subsection 11(1)

    • (i) any class of regulation that is exempted from the application of subsection 5(1),

    • (ii) any regulation or class of regulation where the Governor in Council is satisfied that the regulation or class of regulation affects or is likely to affect only a limited number of persons and that reasonable steps have been or will be taken for the purpose of bringing the purport thereof to the notice of those persons affected or likely to be affected by it, or

    • (iii) any regulation or class of regulation where the Governor in Council is satisfied that the regulation or class of regulation is such that publication could reasonably be expected to be injurious to

      • (A) the conduct by the Government of Canada of federal-provincial affairs, or

      • (B) the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection;

  • (d) precluding the inspection of and the obtaining of copies of

    • (i) any regulation or class of regulation that has been exempted from the application of subsection 11(1) as a regulation described in subparagraph (c)(iii),

    • (ii) any statutory instrument or class of statutory instrument other than a regulation, where the Governor in Council is satisfied that the inspection thereof and the obtaining of copies thereof could reasonably be expected to have the injurious effect described in clause (c)(iii)(A) or (B), or

    • (iii) any statutory instrument or class of statutory instrument the inspection of which or the making of copies of which is not otherwise provided for by law, in respect of which the Governor in Council is satisfied that the inspection or making of copies thereof as provided for by this Act would, if it were not precluded by any regulation made under this section, result or be likely to result in injustice or undue hardship to any person or body affected thereby or in serious and unwarranted detriment to any such person or body in the matter or conduct of his or its affairs;

  • (e) prescribing the manner in which a regulation-making authority shall transmit copies of a regulation to the Clerk of the Privy Council;

  • (f) prescribing the form and manner in which any statutory instrument shall be registered and the form and manner in which and the period of time for which records of any statutory instrument shall be maintained;

  • (g) authorizing the Clerk of the Privy Council to direct or authorize publication in the Canada Gazette of any statutory instrument or other document, the publication of which, in the opinion of the Clerk of the Privy Council, is in the public interest;

  • (h) respecting the form and manner in which the Canada Gazette shall be published and prescribing the classes of documents that may be published therein;

  • (i) requiring any regulation-making authority to forward to the Clerk of the Privy Council such information relating to any regulations made by it that are exempted from the application of subsection 11(1) as will enable the Clerk of the Privy Council to carry out the obligation imposed on him by subsection 14(1);

  • (j) respecting the form and manner in which any index of statutory instruments or any consolidation of regulations shall be prepared and published;

  • (k) prescribing the persons or classes of persons to whom copies of any consolidation of regulations may be delivered without charge and prescribing the charge that shall be paid by any other person for a copy of any such consolidation;

  • (l) prescribing the fee that shall be paid by any person for any inspection of a statutory instrument or for obtaining a copy thereof or the manner in which any such fee shall be determined; and

  • (m) prescribing any matter or thing that by this Act is to be prescribed.

  • R.S., 1985, c. S-22, s. 20
  • 1993, c. 34, s. 114(F)
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