Statutory Instruments Regulations (C.R.C., c. 1509)

Short Title

1 These Regulations may be cited as the Statutory Instruments Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Statutory Instruments Act; (Loi)

exempt from examination

exempt from examination means exempt from the application of subsection 3(1) of the Act; (soustrait à l’examen)

exempt from publication

exempt from publication means exempt from the application of subsection 11(1) of the Act; (soustrait à la publication)

exempt from registration

exempt from registration means exempt from the application of subsection 5(1) of the Act. (soustrait à l’enregistrement)

Exemption from Examination

3 The following proposed regulations and classes of proposed regulations are exempt from examination:

• (a) each proposed regulation that would, if it were made, be a regulation that would be exempt from registration; and

• (b) each proposed regulation described in subsection 15(2), other than a proposed regulation described in paragraph (d) thereof, that would, if it were made, be a regulation that would be exempt from publication.

Transmission and Registration

• 4 (1) Subject to subsection (2), copies of every regulation transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act shall be transmitted by personal service.

• (2) Copies of a regulation may be transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act by ordinary mail if they are mailed not later than the day next following the day on which the regulation is made.

5 Where a regulation is transmitted to the Clerk of the Privy Council pursuant to subsection 5(1) of the Act, the Clerk of the Privy Council shall register the regulation

• (a) by recording

  • (i) its name,

  • (ii) the name of the regulation-making authority,

  • (iii) the statutory or other authority pursuant to which it was made,

  • (iv) the date upon which it was made, and

  • (v) the date upon which it is registered; and

• (b) by assigning to it the designation “S.O.R.” followed by an appropriate number to distinguish it from any other regulation.

6 The Clerk of the Privy Council shall register every statutory instrument and other document, other than a regulation, that is published in the Canada Gazette

• (a) by recording

  • (i) its name or the nature of its subject matter,

  • (ii) the name of the authority that issued, made or established it,

  • (iii) the statutory or other authority pursuant to which it was issued, made or established, and

  • (iv) the date upon which it was published; and

• (b) by assigning to it an appropriate number to distinguish it from any other document that has been published in the Canada Gazette.

Exemption from Registration

7 The following classes of regulations, the registration of which, in the opinion of the Governor in Council, is not reasonably practicable due to the number of regulations of those classes, are hereby exempt from registration:

• (a) regulations made under the authority of section 12 of the National Defence Act;

• (b) [Repealed, SOR/97-381, s. 1]

• (c) “instructions to the trade” issued by the Canadian Wheat Board under the authority of the Canadian Wheat Board Act;

• (d) regulations issued or made by the Canadian Grain Commission under the Canada Grain Act that

  • (i) are directed to a single person or body, or

  • (ii) apply to licensees for a period of time terminating not later than the end of the crop year with respect to which they were issued or made;

• (e) orders made by the Minister of Labour under subsection 135(3) of the Canada Labour Code;

• (e.1) orders made by a safety officer under subsection 135(4) of the Canada Labour Code;

• (e.2) approvals and directions given by a safety officer under section 137 of the Canada Labour Code;

• (e.3) directions issued by a safety officer under subsection 145(1) or (2) of the Canada Labour Code;

• (f) orders and regulations issued or made by

  • (i) the Canadian Transport Commission established by the National Transportation Act, or

  • (ii) the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act in relation to telegraphs or telephones

  that are directed to a single person or body;

• (g) by-laws, rules and regulations made under section 233 of the Railway Act, other than by-laws, rules and regulations respecting

  • (i) the smoking of tobacco, expectorating, and the commission of any nuisance in or upon trains, stations or other premises occupied by a railway company, or

  • (ii) the travelling upon or using of a railway by members of the public;

• (h) orders and directions issued by the designated officer under subsection 22(1) of the Northern Pipeline Act;

• (i) orders made by the Energy Supplies Allocation Board under the Energy Supplies Emergency Act that are directed to a single person or body;

• (j) orders made by a person engaged or employed in the administration or enforcement of the Fisheries Act whereby a close time, fishing quota or limit on the size or weight of fish that has been fixed in respect of an area under regulations made under that Act is varied in respect of that area or any portion of that area;

• (j.1) orders made under subsection 3(1) of the Management of Contaminated Fisheries Regulations;

• (k) permits issued by the Minister of Transport, or by a person designated by the Minister of Transport, under paragraph 3(3)(c) or subsection 27(1) of the Transportation of Dangerous Goods Act;

• (l) membership rules established by a band under paragraph 10(2)(a) of the Indian Act and by-laws made by the council of a band under section 81 or subsection 83(1) or 85.1(1) of that Act; and

• m) licences, permits and other authorizing instruments issued pursuant to regulations made under the Canada National Parks Act.

Retention of Statutory Instruments

• 8 (1) The Clerk of the Privy Council shall retain the original, or a copy certified to be a true copy, of each of the official language versions of each statutory instrument or other document that is registered pursuant to section 6 of the Act.

• (2) Where a regulation is exempt from registration, the regulation-making authority shall retain the original, or a copy certified to be a true copy, of each of the official language versions of that regulation.

Publication

9 The Canada Gazette shall be published in three parts, namely, Part I, Part II and Part III.

10 The typography, style and format of Part I, Part II and Part III of the Canada Gazette shall be substantially similar to the typography, style and format of the public general Acts of the Parliament of Canada.

• 11 (1) Subject to subsection (3) and section 14, every statutory instrument, other than a regulation, and every other document that is required or authorized to be published in the Canada Gazette by or under the authority of the Act or any other Act of Parliament shall be published in Part I of the Canada Gazette.

• (2) Every regulation, other than a regulation that is exempt from publication, shall be published in Part II of the Canada Gazette.

• (3) The following classes of statutory instruments or other documents shall be published in Part II of the Canada Gazette:

  • (a) orders made by the Governor in Council under the Public Service Rearrangement and Transfer of Duties Act;

  • (b) orders made by the Governor in Council whereby any member of the Queen’s Privy Council for Canada is designated to act as the Minister for the purposes of any Act of Parliament or to act as the appropriate Minister for the purposes of the Financial Administration Act;

  • (c) proclamations;

  • (d) orders made under section 23 of the Financial Administration Act;

  • (e) rules governing the practice and procedure in proceedings before a judicial body that is established under an enactment of a province that are required to be published in the Canada Gazette by an Act of Parliament; and

  • (f) [Repealed, SOR/93-245, s. 4]

  • (g) orders fixing the day or days on which an Act or any provision thereof shall come into force.

12 The public Acts of each session of the Parliament of Canada shall be published in Part III of the Canada Gazette.

13 Part I of the Canada Gazette shall be published at least once every seven days and Part II thereof shall be published on January 11, 1984 and at least every second Wednesday thereafter.

Publication Directed or Authorized

14 The Clerk of the Privy Council may direct or authorize the publication in Part I or Part II of 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, unless, in the case of a statutory instrument, the inspection and obtaining of copies of the statutory instrument have been precluded by section 22 or, in the case of any other document, the document contains information the disclosure of which is otherwise prohibited by law.

Exemption from Publication

• 15 (1) The classes of regulations that are exempt from registration are hereby exempt from publication.

• (2) The following regulations and classes of regulations, being regulations or classes of regulations that the Governor in Council is satisfied affect or are likely to affect only a limited number of persons and with respect to which the Governor in Council is satisfied that reasonable steps have been or will be taken for the purpose of bringing their purport to the notice of those persons affected or likely to be affected by them, are hereby exempt from publication:

  • (a) [Repealed, SOR/91-430, s. 2]

  • (b) and (c) [Repealed, SOR/78-814, s. 3]

  • (d) orders or directions made by the Minister of Transport or the Deputy Minister of Transport with respect to the matters referred to in paragraph 6(1)(f) of the Aeronautics Act;

  • (e) [Repealed, SOR/93-245, s. 6]

  • (f) notices served or sent by the Minister of Labour under subsection 155(1) or 253(1) of the Canada Labour Code;

  • (g) the Regulations for the Transportation of Dangerous Commodities by Rail made by the Canadian Transport Commission under section 296 of the Railway Act;

  • (h) regulations made by the Canadian Transport Commission under paragraph 14(1)(c) of the Aeronautics Act or under paragraph 42(e) of the National Transportation Act;

  • (i) orders made by the Coal Mining Safety Commission pursuant to subsection 137.2(3) of the Canada Labour Code;

  • (j) regulations and other instruments made by a provincial authority pursuant to an agreement entered into under subsection 5.81(1) of the Aeronautics Act; and

  • (k) remission orders made under section 115 of the Customs Tariff in respect of the remission of anti-dumping or countervailing duties levied under the Special Import Measures Act on any dumped or subsidized goods that are the subject of a report to the Minister of Finance under section 45 of the Special Import Measures Act where those orders contain information that is derived from information that is treated as confidential under section 49 of the Canadian International Trade Tribunal Act.

• (3) The following regulations or classes of regulations, being regulations or classes of regulations the publication of which the Governor in Council is satisfied could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs or 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 subsection 15(2) of the Access to Information Act, are hereby exempt from publication:

  • (a) regulations that bear a security classification and contain information in respect of

    • (i) the location or movement of military or civilian personnel of the Department of National Defence,

    • (ii) the administration or training of the Canadian Forces,

    • (iii) tactical or strategic operations or operational plans of the Canadian Forces,

    • (iv) the function of any unit or other element of the Canadian Forces, or

    • (v) materiel as defined in the National Defence Act including any article or object being designed, developed or produced with the intention that it will become materiel;

  • (b) regulations that bear a national or international security classification and relate to Canada’s role in the North Atlantic Treaty Organization or to any international agreement, one of the purposes of which is to provide for the defence of Canada or the detection, prevention or suppression of subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act;

  • (c) regulations relating to the operation and maintenance of materiel as defined in the National Defence Act that contain information provided by the government of a country other than Canada, or by a person having a proprietary interest therein, on the understanding that such information would not be disclosed except to the extent authorized by that government or person;

  • (d) regulations made by the Governor in Council that apply to specific permits or leases issued or granted under the Canada Oil and Gas Land Regulations in areas off the coast of Canada declared by the Governor in Council to be areas concerning which negotiations with another country may be necessary or are in progress for the purpose of delimiting jurisdiction; and

  • (e) orders made by the Minister of Transport under section 3 of the Canadian Aviation Security Regulations.

Indexes

16 [Repealed, SOR/97-314, s. 1]

17 The quarterly index of all documents, other than regulations, that have been published in the Canada Gazette shall contain in alphabetical order the name of each Act of Parliament under or in relation to which each such document has been issued, made or established, specifying with respect to each such document the issue of the Canada Gazette in which it may be found.

18 Where a regulation that is required to be contained in the quarterly consolidated index of regulations is exempt from publication and exempt from registration, the regulation-making authority shall, within seven days following the last day of each month, cause to be forwarded in writing to the Clerk of the Privy Council such of the following information as the Clerk of the Privy Council may require:

• (a) the name of the regulation that is so exempt;

• (b) the statutory or other authority pursuant to which the regulation was made;

• (c) the date upon which the regulation and any amendment thereto was made; and

• (d) the place where the regulation and any amendment thereto may be inspected and a copy thereof obtained.

19 [Repealed, SOR/2013-85, s. 1]

20 [Repealed, SOR/2013-85, s. 1]

Inspection and Obtaining of Copies

21 Where any person requests that a statutory instrument be produced for inspection or that a copy of a statutory instrument be provided to the person, the person shall pay the applicable fee determined in accordance with Schedule III.

Where Right to Inspect and Obtain Copies Precluded

• 22 (1) The inspection of and the obtaining of copies of regulations and classes of regulations that are exempt from publication pursuant to subsection 15(3) are hereby precluded.

• (2) The inspection of and the obtaining of copies of the following statutory instruments and classes of statutory instruments, being statutory instruments or classes of statutory instruments the inspection of which and the obtaining of copies of which the Governor in Council is satisfied could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs or 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 subsection 15(2) of the Access to Information Act, are hereby precluded:

  • (a) statutory instruments, other than regulations, that bear a security classification and contain information in respect of

    • (i) the location or movement of military or civilian personnel of the Department of National Defence,

    • (ii) the administration or training of the Canadian Forces,

    • (iii) tactical or strategic operations or operational plans of the Canadian Forces,

    • (iv) the function of any unit or other element of the Canadian Forces, or

    • (v) materiel as defined in the National Defence Act including any article or object being designed, developed or produced with the intention that it will become materiel;

  • (b) statutory instruments, other than regulations, that bear a national or international security classification and relate to Canada’s role in the North Atlantic Treaty Organization or to any international agreement, one of the purposes of which is to provide for the defence of Canada or the detection, prevention or suppression of subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act;

  • (c) certificates of citizenship granted or issued by the Secretary of State of Canada under the Citizenship Act; and

  • (d) [Repealed, 2001, c. 41, s. 42]

  • (e) statutory instruments, other than regulations, the disclosure of which would reveal the location or movement of any explosive or the location of any manufacturer of explosives.

  • (f) [Repealed, SOR/94-479, s. 4]

• (3) The inspection of and the obtaining of copies of the following statutory instruments and classes of statutory instruments, being statutory instruments or classes of statutory instruments the inspection of which or the making of copies of which is not otherwise provided for by law and in respect of which the Governor in Council is satisfied that the inspection or the making of copies thereof as provided for by the Act would, if it were not precluded by these Regulations, 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 that person’s or that body’s affairs, are hereby precluded:

  • (a) deportation orders, conditional deportation orders, departure notices, conditional departure notices, exclusion orders, conditional exclusion orders, rejection orders, detention orders and warrants for arrest issued or made under the Immigration and Refugee Protection Act or under the authority of any immigration laws that were in force in Canada prior to April 10, 1978;

  • (b) parole certificates and mandatory supervision certificates issued under section 12 of the Parole Act and warrants issued under subsection 10(2), 16(1) or (2) or section 18 of that Act;

  • (c) warrants made or issued under Part I of the Corrections and Conditional Release Act whereby a person who has been sentenced or committed to a penitentiary is committed or transferred to any penitentiary in Canada;

  • (d) pardons granted by the Governor in Council under subsection 4(5) of the Criminal Records Act and any statutory instrument relating thereto;

  • (e) statutory instruments by which the salary or other remuneration of any person is fixed or approved by the Governor in Council except to the extent to which they provide for the fixing or approval thereof within a specified range;

  • (f) and (g) [Repealed, SOR/78-814, s. 4]

  • (h) interim prohibitory orders made under section 41 of the Canada Post Corporation Act if those orders have not been declared final;

  • (i) warrants and permits granted under subsection 22(1) of the Customs Act and permits or certificates given under section 104 of that Act;

  • (j) statutory instruments issued, made or established in the course of an inquiry under the Combines Investigation Act or an investigation ordered under section 114 of the Canada Corporations Act;

  • (k) directions issued or made by the Governor in Council following a recommendation made by the Employment Support Board under subsection 15(1) of the Employment Support Act; and

  • (l) remission orders made under section 115 of the Customs Tariff in respect of the remission of anti-dumping or countervailing duties levied under the Special Import Measures Act on any dumped or subsidized goods that are the subject of a report to the Minister of Finance under section 45 of the Special Import Measures Act where those orders contain information that is derived from information that is treated as confidential under section 49 of the Canadian International Trade Tribunal Act.