Bill C-355
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
|
|
|
|
House of Commons of Canada
|
|
|
|
BILL C-355 |
|
|
|
An Act to amend the Statutory Instruments
Act (regulatory accountability)
|
|
|
|
|
|
| Statutory
Instruments
Act
|
1. Subsection 3(1) of the Statutory
Instruments Act is replaced by the
following:
|
|
| Proposed
regulation
sent to Clerk
of Privy
Council
|
3. (1) Subject to any regulations made
pursuant to paragraph 20(a) and section 4.2,
where a regulation-making authority proposes
to make a regulation, it shall cause to be
forwarded to the Clerk of the Privy Council
three copies of the proposed regulation in both
official languages.
|
|
|
|
2. The Act is amended by adding the
following after section 4:
|
|
|
|
LAYING OF PROPOSED REGULATIONS BEFORE PARLIAMENT |
|
| Definition of
``designated
Minister''
|
4.1 For the purposes of sections 4.2 to 4.5,
``designated Minister'' means, in relation to
any provision of an Act or a bill, such member
of the Queen's Privy Council for Canada as is
designated by the Governor in Council as the
Minister for the purposes of that Act or
responsible for the bill.
|
|
| Laying of
proposed
regulations
|
4.2 (1) In addition to the requirements set
out in subsection 3(1), the designated Minister
shall have each proposed regulation laid
before each House of Parliament on the same
day that the bill under which the proposed
regulation is to be made is at second reading
stage in the House of Commons.
|
|
| Regulation
after coming
into force of
Act
|
(2) In addition to the requirements set out in
subsection 3(1), where a regulation is
proposed to be made after the coming into
force of the Act under which it is to be made,
the designated Minister shall cause a copy of
each proposed regulation to be laid before
each House of Parliament before it is made.
|
|
| Report by
committee
|
4.3 Each proposed regulation that is laid
before a House of Parliament pursuant to
subsection 4.2 (1) or (2) shall, on the day it is
laid, be referred by that House to an
appropriate committee of that House, as
determined by the rules of that House. The
committee may conduct inquiries or public
hearings with respect to the proposed
regulation and report its findings to that
House.
|
|
| Making of
regulation
|
4.4 (1) A proposed regulation that has been
laid pursuant to subsection 4.2 (1) or (2) may
be made by the regulation-making authority
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Definition of
``sitting days''
|
(2) For the purposes of this section, ``sitting
days'' means a day on which either House of
Parliament sits.
|
|
| Exception -
minor
changes
|
4.5 (1) A regulation may be made without
being laid before either House of Parliament
if the designated Minister is of the opinion that
the changes made by the proposed regulation
to an existing regulation are so immaterial or
insubstantial that section 4.2 should not be
applicable in the circumstances.
|
|
| Exception -
urgency
|
(2) A regulation may be made without being
laid before either House of Parliament if the
designated Minister is of the opinion that the
making of the regulation is so urgent that
section 4.2 should not be applicable in the
circumstances.
|
|
| Notice of
opinion
|
(3) Where the designated Minister is of the
opinion described in subsection (1) or (2), he
or she shall have a statement of reasons why
he or she formed that opinion laid before each
House of Parliament.
|
|
| Exception -
prescribed
date
|
(4) A proposed regulation prescribing a date
for the purposes of the coming into force of
any provision of an Act may be made without
being laid before either House of Parliament.
|
|