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.

• 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.

• 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.