Statutory Instruments Act

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.