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

Revisions and Consolidations of Regulations

Marginal note:Power to request revision or consolidation

• 15 (1) Where the Clerk of the Privy Council, after consultation with the Deputy Minister of Justice, is of the opinion that any particular regulations should be revised or consolidated, he may request the regulation-making authority or any person acting on behalf of such authority to prepare a revision or consolidation of those regulations.

• Marginal note:Failure to comply with request

  (2) Where any authority or person referred to in subsection (1) fails to comply within a reasonable time with a request made pursuant to that subsection, the Governor in Council may, by order, direct that authority or person to comply with the request within such period of time as he may specify in the order.

Judicial Notice of Statutory Instruments

Marginal note:Judicial notice

• 16 (1) A statutory instrument that has been published in the Canada Gazette shall be judicially noticed.

• Marginal note:Evidence

  (2) In addition to any other manner of proving the existence or contents of a statutory instrument, evidence of the existence or contents of a statutory instrument may be given by the production of a copy of the Canada Gazette purporting to contain the text of the statutory instrument.

• Marginal note:Deemed publication in Canada Gazette

  (3) For the purposes of this section,

  • (a) if a regulation is included in a copy of the Consolidated Regulations of Canada, 1978 purporting to be printed by the Queen’s Printer, that regulation is deemed to have been published in the Canada Gazette; and

  • (b) if a regulation is included in a copy of a revision of regulations purporting to be published by the Queen’s Printer, that regulation is deemed to have been published in the Canada Gazette.

Right of Access to Statutory Instruments

Marginal note:Inspection of statutory instruments

17 Subject to any other Act of Parliament and to any regulations made pursuant to paragraph 20(d), any person may, on payment of the fee prescribed therefor, inspect

• (a) any statutory instrument that has been registered by the Clerk of the Privy Council, by attending at the office of the Clerk of the Privy Council or at such other place as may be designated by him and requesting that the statutory instrument be produced for inspection; or

• (b) any statutory instrument that has not been registered by the Clerk of the Privy Council, by attending at the head or central office of the authority that made the statutory instrument or at such other place as may be designated by that authority and requesting that the statutory instrument be produced for inspection.

Marginal note:Copies of statutory instruments

18 Subject to any other Act of Parliament and to any regulations made pursuant to paragraph 20(d), any person may, on payment of the fee prescribed therefor, obtain copies of

• (a) any statutory instrument that has been registered by the Clerk of the Privy Council, by writing to the Clerk of the Privy Council or by attending at the office of the Clerk of the Privy Council or at such other place as may be designated by him and requesting that a copy of the statutory instrument be provided; or

• (b) any statutory instrument that has not been registered by the Clerk of the Privy Council, by writing to the authority that made the statutory instrument or by attending at the head or central office of the authority or at such other place as may be designated by that authority and requesting that a copy of the statutory instrument be provided.

Incorporation by Reference

Marginal note:Power to incorporate documents by reference

• 18.1 (1) Subject to subsection (2), the power to make a regulation includes the power to incorporate in it by reference a document — or a part of a document — as it exists on a particular date or as it is amended from time to time.

• Marginal note:Limitation

  (2) In the case of a document produced by the regulation-making authority, either alone or jointly with a person or body in the federal public administration, the document or part may be incorporated only if it

  • (a) contains only elements that are incidental to or elaborate on the rules set out in the regulation and is incorporated as it exists on a particular date;

  • (b) is reproduced or translated from a document, or part of a document, produced by a person or body other than the regulation-making authority, with any adaptations of form or reference that will facilitate its incorporation in the regulation; or

  • (c) is a regulation.

• Marginal note:Index, rate or number

  (3) The power to make a regulation also includes the power to incorporate by reference an index, rate or number — as it exists on a particular date or as it is varied from time to time — established by Statistics Canada, the Bank of Canada or a person or body other than the regulation-making authority.

• Marginal note:Meaning of regulation-making authority

  (4) For the purposes of subsections (2) and (3), regulation-making authority includes the following:

  • (a) if the regulation-making authority is the Governor in Council or the Treasury Board,

    • (i) the minister who recommends the making of the regulation,

    • (ii) the minister who is accountable to Parliament for the administration of the regulation, and

    • (iii) any person or body — other than Statistics Canada and standards development organizations accredited by the Standards Council of Canada — for which either of those ministers is accountable to Parliament;

  • (b) if the regulation-making authority is a minister, any person or body — other than Statistics Canada and standards development organizations accredited by the Standards Council of Canada — for which that minister is accountable to Parliament; and

  • (c) in any other case, any minister who is accountable to Parliament for the regulation-making authority.

Marginal note:Impact of section 18.1

18.2 The powers conferred by section 18.1 are in addition to any power to incorporate by reference that is conferred by the Act under which a regulation is made and that section does not limit such a power.

Marginal note:Accessibility

• 18.3 (1) The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible.

• Marginal note:Governor in Council and Treasury Board regulations

  (2) If the Governor in Council or the Treasury Board is the regulation-making authority, the obligation under subsection (1) rests with the minister who is accountable to Parliament for the administration of the regulation.

Marginal note:No registration or publication

18.4 For greater certainty, a document, index, rate or number that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Marginal note:Proof of incorporated document, index, rate or number

• 18.5 (1) In any proceeding in which a document, index, rate or number — that is incorporated by reference in a regulation — is relevant, a certificate appearing to be issued by or on behalf of the regulation-making authority that includes any of the following statements is, in the absence of evidence to the contrary, presumed to be authentic and proof of the matters set out in those statements:

  • (a) a statement that the document attached to the certificate, or the index, rate or number set out in it, is the document, index, rate or number that was incorporated in the regulation on a specified date or during a specified period; or

  • (b) a statement regarding the manner in which the incorporated document, index, rate or number was accessible on that date or during that period.

• Marginal note:Governor in Council and Treasury Board regulations

  (2) If the Governor in Council or the Treasury Board is the regulation-making authority, the certificate may be issued by the minister who is accountable to Parliament for the administration of the regulation.

Marginal note:No finding of guilt or administrative sanction

18.6 A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document, index, rate or number — that is incorporated by reference in a regulation — is relevant unless, at the time of the alleged contravention, it was accessible as required by section 18.3 or it was otherwise accessible to that person.

Marginal note:Validity of incorporation

18.7 The validity of an incorporation by reference that conforms with section 18.1 and that was made before the day on which that section comes into force is confirmed.

Scrutiny by Parliament of Statutory Instruments

Marginal note:Statutory instruments referred to Scrutiny Committee

19 Every statutory instrument issued, made or established after December 31, 1971, other than an instrument the inspection of which and the obtaining of copies of which are precluded by any regulations made pursuant to paragraph 20(d), shall stand permanently referred to any Committee of the House of Commons, of the Senate or of both Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

Marginal note:Resolution to revoke a regulation

• 19.1 (1) Subject to subsection (2), a committee of both Houses of Parliament may make a report to the Senate and the House of Commons containing only a resolution that all or any portion of a regulation that stands permanently referred to the committee be revoked.

• Marginal note:Notice

  (2) No report may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the committee adopts the report, that the committee intends to consider the report. If the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made.

• Marginal note:Only one report per sitting day

  (3) Not more than one report shall be laid before the Senate or the House of Commons during any sitting day of that House.

• Marginal note:Contents of report

  (4) In each House, the Senator or member who presents the report shall

  • (a) state that it contains a resolution pursuant to subsection (1);

  • (b) identify the regulation or portion of the regulation in relation to which the report is made and indicate that the text of the regulation or portion is included in the report; and

  • (c) state that notice has been given in accordance with subsection (2).

• Marginal note:Deemed adoption

  (5) The resolution is deemed to have been adopted by the Senate or the House of Commons on the fifteenth sitting day after the report is presented to that House unless, before that time, a Minister files with the Speaker of that House a motion to the effect that the resolution not be adopted.

• Marginal note:Time for consideration of motion

  (6) The House in which the motion is filed shall meet at 1:00 o’clock p.m. on the Wednesday next, or at any later time or date fixed by unanimous consent of that House. At that time the order of business shall be the consideration of the motion.

• Marginal note:Debate

  (7) The motion shall be debated without interruption for not more than one hour, during which time no Senator or member may speak for more than ten minutes. On the conclusion of the debate or at the expiration of the hour, the Speaker shall immediately, without amendment or further debate, put every question necessary for the disposal of the motion.

• Marginal note:More than one motion

  (8) If more than one motion is made pursuant to subsection (5), the Senate or the House of Commons shall consider those motions in the order in which they may be set down for consideration at the request of a Minister, as long as the motions are grouped together for debate.

• Marginal note:Revocation of regulation

  (9) Where both Houses have adopted or are deemed to have adopted a resolution that all or any portion of a regulation be revoked, the authority authorized to make the regulation shall revoke the regulation or portion of the regulation no later than 30 days, or any longer period that may be specified in the resolution, after the later of the dates on which the Houses have adopted or are deemed to have adopted the resolution.

• Marginal note:Definition of sitting day

  (10) For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits.

Regulations

Marginal note:Regulations

20 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.