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

Regulations are current to 2019-11-19 and last amended on 2015-06-18. Previous Versions

Publication

 The Canada Gazette shall be published in three parts, namely, Part I, Part II and Part III.

 The typography, style and format of Part I, Part II and Part III of the Canada Gazette shall be substantially similar to the typography, style and format of the public general Acts of the Parliament of Canada.

  •  (1) Subject to subsection (3) and section 14, every statutory instrument, other than a regulation, and every other document that is required or authorized to be published in the Canada Gazette by or under the authority of the Act or any other Act of Parliament shall be published in Part I of the Canada Gazette.

  • (2) Every regulation, other than a regulation that is exempt from publication, shall be published in Part II of the Canada Gazette.

  • (3) The following classes of statutory instruments or other documents shall be published in Part II of the Canada Gazette:

    • (a) orders made by the Governor in Council under the Public Service Rearrangement and Transfer of Duties Act;

    • (b) orders made by the Governor in Council whereby any member of the Queen’s Privy Council for Canada is designated to act as the Minister for the purposes of any Act of Parliament or to act as the appropriate Minister for the purposes of the Financial Administration Act;

    • (c) proclamations;

    • (d) orders made under section 23 of the Financial Administration Act;

    • (e) rules governing the practice and procedure in proceedings before a judicial body that is established under an enactment of a province that are required to be published in the Canada Gazette by an Act of Parliament; and

    • (f) [Repealed, SOR/93-245, s. 4]

    • (g) orders fixing the day or days on which an Act or any provision thereof shall come into force.

  • SOR/78-814, s. 2
  • SOR/85-855, s. 1
  • SOR/86-318, s. 1
  • SOR/89-247, s. 1
  • SOR/93-245, s. 4

 The public Acts of each session of the Parliament of Canada shall be published in Part III of the Canada Gazette.

 Part I of the Canada Gazette shall be published at least once every seven days and Part II thereof shall be published on January 11, 1984 and at least every second Wednesday thereafter.

  • SOR/84-88, s. 1

Publication Directed or Authorized

 The Clerk of the Privy Council may direct or authorize the publication in Part I or Part II of 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, unless, in the case of a statutory instrument, the inspection and obtaining of copies of the statutory instrument have been precluded by section 22 or, in the case of any other document, the document contains information the disclosure of which is otherwise prohibited by law.

  • SOR/93-245, s. 5
  • SOR/94-479, s. 2(E)

Exemption from Publication

  •  (1) The classes of regulations that are exempt from registration are hereby exempt from publication.

  • (2) The following regulations and classes of regulations, being regulations or classes of regulations that the Governor in Council is satisfied affect or are likely to affect only a limited number of persons and with respect to which the Governor in Council is satisfied that reasonable steps have been or will be taken for the purpose of bringing their purport to the notice of those persons affected or likely to be affected by them, are hereby exempt from publication:

    • (a) [Repealed, SOR/91-430, s. 2]

    • (b) and (c) [Repealed, SOR/78-814, s. 3]

    • (d) orders or directions made by the Minister of Transport or the Deputy Minister of Transport with respect to the matters referred to in paragraph 6(1)(f) of the Aeronautics Act;

    • (e) [Repealed, SOR/93-245, s. 6]

    • (f) notices served or sent by the Minister of Labour under subsection 155(1) or 253(1) of the Canada Labour Code;

    • (g) the Regulations for the Transportation of Dangerous Commodities by Rail made by the Canadian Transport Commission under section 296 of the Railway Act;

    • (h) regulations made by the Canadian Transport Commission under paragraph 14(1)(c) of the Aeronautics Act or under paragraph 42(e) of the National Transportation Act;

    • (i) orders made by the Coal Mining Safety Commission pursuant to subsection 137.2(3) of the Canada Labour Code;

    • (j) regulations and other instruments made by a provincial authority pursuant to an agreement entered into under subsection 5.81(1) of the Aeronautics Act; and

    • (k) remission orders made under section 115 of the Customs Tariff in respect of the remission of anti-dumping or countervailing duties levied under the Special Import Measures Act on any dumped or subsidized goods that are the subject of a report to the Minister of Finance under section 45 of the Special Import Measures Act where those orders contain information that is derived from information that is treated as confidential under section 49 of the Canadian International Trade Tribunal Act.

  • (3) The following regulations or classes of regulations, being regulations or classes of regulations the publication of which the Governor in Council is satisfied could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs or 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 subsection 15(2) of the Access to Information Act, are hereby exempt from publication:

    • (a) regulations that bear a security classification and contain information in respect of

      • (i) the location or movement of military or civilian personnel of the Department of National Defence,

      • (ii) the administration or training of the Canadian Forces,

      • (iii) tactical or strategic operations or operational plans of the Canadian Forces,

      • (iv) the function of any unit or other element of the Canadian Forces, or

      • (v) materiel as defined in the National Defence Act including any article or object being designed, developed or produced with the intention that it will become materiel;

    • (b) regulations that bear a national or international security classification and relate to Canada’s role in the North Atlantic Treaty Organization or to any international agreement, one of the purposes of which is to provide for the defence of Canada or the detection, prevention or suppression of subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act;

    • (c) regulations relating to the operation and maintenance of materiel as defined in the National Defence Act that contain information provided by the government of a country other than Canada, or by a person having a proprietary interest therein, on the understanding that such information would not be disclosed except to the extent authorized by that government or person;

    • (d) regulations made by the Governor in Council that apply to specific permits or leases issued or granted under the Canada Oil and Gas Land Regulations in areas off the coast of Canada declared by the Governor in Council to be areas concerning which negotiations with another country may be necessary or are in progress for the purpose of delimiting jurisdiction; and

    • (e) orders made by the Minister of Transport under section 3 of the Canadian Aviation Security Regulations.

  • SOR/78-814, s. 3
  • SOR/79-113, s. 2
  • SOR/80-900, s. 2
  • SOR/81-694, s. 2
  • SOR/86-139, s. 1
  • SOR/86-172, s. 2
  • SOR/86-443, s. 2
  • SOR/87-398, s. 2
  • SOR/90-100, s. 1
  • SOR/90-139, s. 1
  • SOR/90-462, s. 1
  • SOR/91-99, s. 2
  • SOR/91-430, s. 2
  • SOR/93-245, s. 6
  • SOR/94-479, s. 3
  • SOR/99-265, s. 1
  • SOR/2001-5, s. 1
 
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