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Bill C-6

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PART 4

R.S., c. S-22; R.S., c. 31 (1st Supp.), cc. 31, 51 (4th Supp.); 1993, cc. 28, 34

AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT

58. Section 10 of the Statutory Instruments Act is renumbered as subsection 10(1) and is amended by adding the following:

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.

59. Subsection 16(3) of the Act is replaced by the following:

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 printed by the Queen's Printer, that regulation is deemed to have been published in the Canada Gazette.

PART 5

R.S., c. S-20; 1992, c. 1

AMENDMENTS TO THE STATUTE REVISION ACT

60. Section 1 of the Statute Revision Act is replaced by the following:

Short title

1. This Act may be cited as the Legislation Revision and Consolidation Act.

61. (1) The definition ``revision'' in sec tion 2 of the Act is replaced by the following:

``revision''
« révision »

``revision'' means

      (a) for the purposes of Part I, the arrangement, revision and consolidation of the public general statutes of Canada authorized under that Part; and

      (b) for the purposes of Part II, the arrangement, revision and consolidation of the regulations authorized under that Part.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``regulations''
« règlements »

``regulations'' means

      (a) statutory orders and regulations published in the Consolidated Regulations of Canada, 1978,

      (b) regulations, statutory instruments and other documents published in the Canada Gazette, Part II, after the publication of the Consolidated Regulations of Canada, 1978, and

      (c) any other regulations, statutory instruments or documents that, in the opinion of the Minister, are of continuing effect or apply to more than one person or body and that are not exempted from publication pursuant to regulations made under paragraph 20(c) of the Statutory Instruments Act;

62. Section 5 of the Act is replaced by the following:

Revision of statutes

5. The Commission shall, from time to time, revise the public general statutes of Canada.

1992, c. 1, s. 132

63. The heading before section 8 and sections 8 to 10 of the Act are repealed.

64. The heading before section 11 and sections 11 and 12 of the Act are replaced by the following:

Revision

Revision of regulations

10. The Commission shall, from time to time, revise the regulations.

Powers of Commission

11. In preparing and maintaining the Revised Regulations and in keeping the Revised Regulations up to date, the Commission may exercise, in respect of the regulations, the powers that it has under section 6 in respect of a revision under Part I.

Deposit of revision

12. (1) On receipt of a written report from the Commission in respect of the completion of all or any part of the Revised Regulations, the Governor in Council may cause a printed Roll of the regulations, attested under the signature of the Minister and the President of the Privy Council, to be deposited in the office of the Clerk of the Privy Council, and the Roll shall be held to be the original of the regulations included in it.

Schedule

(2) There shall be appended to each Roll a schedule similar in form to the Schedule to Appendix I appended to the Revised Statutes of Canada, 1985, and the Commission may include in the schedule a list of all regulations and parts of regulations that, although not expressly repealed, are superseded by the regulations included in the Roll, or are inconsistent with them, and a list of all regulations and parts of regulations that were for a temporary purpose the force of which is spent.

65. (1) Subsection 13(2) of the Act is replaced by the following:

Effect

(2) On the day referred to in subsection (1) in respect of any Roll, the regulations included in that Roll shall accordingly come into force and have effect as law as part of the Revised Regulations to all intents as if each regulation had been made by the appropriate regulation-making authority and all the requirements with respect to the making of that regulation had been complied with.

(2) Subsection 13(3) of the English version of the Act is replaced by the following:

Repeal

(3) On the day referred to in subsection (1), all regulations and parts of regulations listed in the schedule to the Roll are repealed to the extent mentioned in that schedule.

66. Sections 15 to 17 of the Act are replaced by the following:

Bound volumes

17. If the Commission has, as of a day selected by it, revised all the regulations that it is required to revise under section 10 to that day, it shall cause the Revised Regulations to be published in the form of bound volumes, and the regulations to be included in them shall be those that have been revised as of that day, and that day shall be indicated in each of the volumes.

67. (1) Subsection 18(1) of the English version of the Act is replaced by the following:

Old regulations not revived

18. (1) The repeal of the regulations and parts of regulations listed in the schedule appended to a Roll does not

    (a) revive any regulation or part of any regulation so repealed;

    (b) affect any saving clause in the regulations or parts of regulations so repealed; or

    (c) prevent the application of any of those regulations or parts of regulations, or of any regulation or any part of a regulation formerly in force, to any transaction, matter or thing before the repeal to which they would otherwise apply.

(2) Subsections 18(2) to (4) of the Act are replaced by the following:

Not new law

(2) A regulation included in the Revised Regulations shall not be held to operate as a new regulation, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the regulation and parts of regulations as revised, and for which the regulation included in the Revised Regulations is substituted.

Where revision differs

(3) Where, on any point, the provisions of a regulation included in the Revised Regulations are not in effect the same as those of the repealed provisions for which they are substituted, in respect of all transactions, matters and things subsequent to the time when the regulation included in the Revised Regulations takes effect, the provisions contained in that regulation prevail, but in respect of all transactions, matters and things before that time, the repealed provisions prevail.

Construction of references

(4) A reference in any regulation remaining in force and not revised, or in any instrument or document, to any regulation or part of a regulation repealed under subsection 13(3) by inclusion in the Revised Regulations shall, after the regulation in the Revised Regulations takes effect, be deemed, in respect of any subsequent transaction, matter or thing, to be a reference to the regulation or part of a regulation in the Revised Regulations having the same effect as the repealed regulation or part of a regulation.

68. Sections 19 to 21 of the Act are replaced by the following:

Effect of inclusion in schedule

19. (1) The inclusion of any regulation or part of a regulation in the schedule appended to a Roll shall not be considered to be a declaration that the regulation or part was or was not in force immediately before the coming into force of the portion of the Revised Regulations that includes that regulation or part.

Paragraph 16(3)(b) Statutory Instruments Act

(2) The whole or any part of the Revised Regulations shall be construed to be a revision of regulations referred to in paragraph 16(3)(b) of the Statutory Instruments Act.

Scrutiny Committees of Parliament

(3) A regulation that is included in the Consolidated Regulations of Canada, 1978 or in the Revised Regulations stands permanently referred to any Committee or Committees of Parliament established under section 19 of the Statutory Instruments Act.

Citation of Revised Regulations

20. (1) Any regulation included in the Revised Regulations may be cited and referred to in any Act, regulation, proceeding, instrument or document whatever either by its short or long title or by using the expression ``Revised Regulations of Canada, chapter ....'', or ``Revised Regulations, chapter ....'', or ``Chapter .... of the Revised Regulations'', or the abbreviation ``R.R.C., c. ....'', adding in each case the number of the particular chapter.

Amendments included

(2) The citation of any chapter of the Revised Regulations in accordance with subsection (1) is deemed to include any amendments made after the publication of that regulation in the Revised Regulations.

Electronic publishing

21. (1) The Queen's Printer may publish an edition of the Revised Regulations in electronic form and every copy of a revised regulation published in electronic form by the Queen's Printer is evidence of that regulation and of its contents, and every copy purporting to be published by the Queen's Printer is deemed to be so published, unless the contrary is shown.

Inconsistencie s in regulations

(2) In the event of an inconsistency between a revised regulation published by the Queen's Printer in electronic form and the original of the regulation as printed in the Roll deposited in the office of the Clerk of the Privy Council under section 12, the original of the regulation prevails to the extent of the inconsistency.

69. Subsection 22(1) of the Act is replaced by the following:

Request to remake regulations

22. (1) If the Clerk of the Privy Council, after consultation with the Deputy Minister of Justice, is of the opinion that any particular regulations should be remade by the regulation-making authority instead of being revised under this Act, the Clerk of the Privy Council may request that authority or any person acting on behalf of that authority to make new regulations.

70. Section 23 of the Act is replaced by the following:

Indices

23. The Commission may cause indices to the Revised Regulations to be prepared and published for the convenience of the public.

Citation of Consolidated Regulations, 1978

24. (1) Any regulation included in the Consolidated Regulations of Canada, 1978 may be cited and referred to in any Act, regulation, proceeding, instrument or document whatever either by its short or long title or by using the expression ``Consolidated Regulations of Canada, chapter ....'', or ``Consolidated Regulations, chapter ....'', or ``Chapter .... of the Consolidated Regulations'', or the abbreviation ``C.R.C., c. ....'', adding in each case the number of the particular chapter.

Amendments included

(2) The citation of any chapter of the Consolidated Regulations of Canada, 1978 in accordance with subsection (1) is deemed to include any amendments made after the publication of that regulation in the Consolidated Regulations of Canada, 1978.

71. Part III of the Act is replaced by the following:

PART III

CONSOLIDATED STATUTES AND REGULATIONS OF CANADA

Interpretation

Definitions

25. The definitions in this section apply in this Part.

``consolidated regulations''
« règlements codifiés »

``consolidated regulations'' means the consolidated regulations of Canada maintained by the Minister under this Part.

``consolidated statutes''
« lois codifiées »

``consolidated statutes'' means the consolidated statutes of Canada maintained by the Minister under this Part.

Consolidation of the Statutes and Regulations

Authority to maintain

26. The Minister may maintain a consolidation of the public statutes of Canada and a consolidation of the regulations of Canada.

Powers of Minister

27. In maintaining a consolidation of the statutes or regulations, the Minister may

    (a) omit any Act or regulation, or any part of an Act or a regulation, that has expired, has been repealed or has had its effect;

    (b) include historical references or other information that enhances the value of the consolidation;

    (c) correct grammatical and typographical errors without changing the substance of any enactment; and

    (d) set out as a separate Act or regulation any Act or regulation enacted by another Act or regulation.