GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Statutory Instruments Act — S-22 8
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. R.S., 1985, c. S-22, s. 8; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 9
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. 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. R.S., 1985, c. S-22, s. 9; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 10
Official gazette of Canada 10 (1) The Queen’s Printer shall continue to publish the Canada Gazette as the official gazette of Canada. 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. R.S., 1985, c. S-22, s. 10; 2000, c. 5, s. 58
Statutory Instruments Act — S-22 11
Regulations to be published in Canada Gazette 11 (1) Subject to any regulations made pursuant to paragraph 20(c), every regulation shall be published in the Canada Gazette within twenty-three days after copies thereof are registered pursuant to section 6. No conviction under unpublished regulation (2) No regulation is invalid by reason only that it was not published in the Canada Gazette , but no person shall be convicted of an offence consisting of a contravention of any regulation that at the time of the alleged contravention was not published in the Canada Gazette unless (a) the regulation was exempted from the application of subsection (1) pursuant to paragraph 20(c), or the regulation expressly provides that it shall apply according to its terms before it is published in the Canada Gazette ; and (b) it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of the regulation to the notice of those persons likely to be affected by it. R.S., 1985, c. S-22, s. 11; R.S., 1985, c. 31 (4th Supp.), s. 103
Statutory Instruments Act — S-22 12
Power to direct or authorize publication in Canada Gazette 12 Notwithstanding anything in this Act, the Governor in Council may by regulation direct that any statutory instrument or other document, or any class thereof, be published in the Canada Gazette and the Clerk of the Privy Council, where authorized by regulations made by the Governor in Council, may direct or authorize the publication in the Canada Gazette of any statutory instrument or other document, the publication of which, in his opinion, is in the public interest. 1970-71-72, c. 38, s. 12
Statutory Instruments Act — S-22 14
Quarterly consolidated index of regulations 14 (1) The Clerk of the Privy Council shall prepare and the Queen’s Printer shall publish quarterly a consolidated index of all regulations and amendments to regulations in force at any time after the end of the preceding calendar year, other than any regulation that is exempted from the application of subsection 11(1) as a regulation described in subparagraph 20(c)(iii). Quarterly index of documents other than regulations (2) The Queen’s Printer shall prepare and publish a quarterly index of all documents, other than regulations, that have been published in the Canada Gazette during the three month period immediately preceding the month in which the index is published. 1970-71-72, c. 38, s. 14
Statutory Instruments Act — S-22 15
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. 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. R.S., 1985, c. S-22, s. 15; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 16
Judicial notice 16 (1) A statutory instrument that has been published in the Canada Gazette shall be judicially noticed. 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. 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 . R.S., 1985, c. S-22, s. 16; 2000, c. 5, s. 59; 2012, c. 19, s. 477
Statutory Instruments Act — S-22 17
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. 1970-71-72, c. 38, s. 24
Statutory Instruments Act — S-22 18
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. 1970-71-72, c. 38, s. 25
Statutory Instruments Act — S-22 18.1
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. 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. 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. 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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.2
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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.3
Accessibility 18.3 (1) The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible. 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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.4
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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.5
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. 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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.6
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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 18.7
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. 2015, c. 33, s. 2
Statutory Instruments Act — S-22 19
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. 1970-71-72, c. 38, s. 26
Statutory Instruments Act — S-22 19.1
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. 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. 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. 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). 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. 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. 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. 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. 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. 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. 2003, c. 18, s. 1
Statutory Instruments Act — S-22 20
e 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); 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 417
Interim marketing authorization 417 (1) An interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest of (a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette ; (b) the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act , as enacted by section 416 , has the same effect as the interim marketing authorization; and (c) two years after the day on which the interim marketing authorization is published in the Canada Gazette . Exemption from Statutory Instruments Act (2) A notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act .
Statutory Instruments Act — S-22 96
96 The Input Tax Credit Allocation Methods (GST/HST) Regulations are deemed (a) to have been made under section 277 of the Excise Tax Act ; (b) for the purposes of subsection 5(1) of the Statutory Instruments Act , to have been transmitted to the Clerk of the Privy Council for registration; and (c) to have met the publication requirements of subsection 11(1) of the Statutory Instruments Act .
Succession to the Throne Act, 2013 — S-23.5 Preamble
Preamble Whereas the Constitution Act, 1867 provides that the executive government and authority of and over Canada is vested in Her Majesty the Queen;
Succession to the Throne Act, 2013 — S-23.5
Whereas representatives of the Realms of which Her Majesty is Sovereign agreed on October 28, 2011 to change the rules on succession to, and possession of, their respective Crowns so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic;
Succession to the Throne Act, 2013 — S-23.5
Whereas the following recital is set out in the preamble to the Statute of Westminster, 1931 : “And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”;
Succession to the Throne Act, 2013 — S-23.5
“And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”;
Succession to the Throne Act, 2013 — S-23.5
And whereas Her Majesty’s Government of the United Kingdom has caused to be introduced in the Parliament of the United Kingdom a bill to ensure that succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic;
Succession to the Throne Act, 2013 — S-23.5
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Succession to the Throne Act, 2013 — S-23.5 1
Short title 1 This Act may be cited as the Succession to the Throne Act, 2013 .
Succession to the Throne Act, 2013 — S-23.5 2
Assent 2 The alteration in the law touching the Succession to the Throne set out in the bill laid before the Parliament of the United Kingdom and entitled A Bill to Make succession to the Crown not depend on gender; to make provision about Royal Marriages; and for connected purposes is assented to.
Succession to the Throne Act, 2013 — S-23.5 Coming into force
Coming into force * 3 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force March 26, 2015, see SI/2015-25.]
Supplementary Fiscal Equalization Payments 1982-87 Act — S-23.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Supplementary Fiscal Equalization Payments 1982-87 Act — S-23.7 1
Short title 1 This Act may be cited as the Supplementary Fiscal Equalization Payments 1982-87 Act .