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Statutory Instruments Act
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●In Canada, the Statutory Instruments Act is a federal law that governs the process for making, registering, publishing, and scrutinizing regulations, which are a type of delegated legislation made by the Governor in Council or federal ministers.
●The Act establishes the legal framework for the creation and management of regulations, including requirements for publication, registration, and scrutiny, as well as the process for reviewing and amending regulations.
●It also sets out the procedures for parliamentary oversight, such as the tabling of regulations before Parliament and the establishment of regulatory committees.
●The Act establishes the legal framework for the creation and management of regulations, including requirements for publication, registration, and scrutiny, as well as the process for reviewing and amending regulations.
●It also sets out the procedures for parliamentary oversight, such as the tabling of regulations before Parliament and the establishment of regulatory committees.
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Identifying Regulations
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●Definition of regulation is not straight forward.
●It is a matter of content over label - regulations will not always be called regulations.
●Why is identifying what is or isn't a regulation important to government officials? Because they want to know whether the instrument should go through the regulatory process so that it is legally enforceable.
●As for Regulatees, they will want to know to determine whether they have legal obligations they need to abide by.
●It is a matter of content over label - regulations will not always be called regulations.
●Why is identifying what is or isn't a regulation important to government officials? Because they want to know whether the instrument should go through the regulatory process so that it is legally enforceable.
●As for Regulatees, they will want to know to determine whether they have legal obligations they need to abide by.
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Section 2 (1)
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•S.2(1) provides that a statutory instrument "(a) means any
•rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument
•issued, made or established:
•(i) in the execution of a power conferred by or under an Act of Parliament, by or under which that instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which that instrument relates; or
•(ii) by or under the authority of the Governor in Council, otherwise than in the execution of a power conferred by or under an Act of Parliament
•rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument
•issued, made or established:
•(i) in the execution of a power conferred by or under an Act of Parliament, by or under which that instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which that instrument relates; or
•(ii) by or under the authority of the Governor in Council, otherwise than in the execution of a power conferred by or under an Act of Parliament
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Statutory instrument
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"An instrument issued or made in the exercise of a power is a "statutory instrument" only if the enabling statute expressly mentions the instrument in connection with the power."
● •Ex. s. 328(1) The [Canadian Transport] Commission shall prescribe for the Canadian National Railway Company and the Canadian Pacific Railway Company a uniform classification and system of accounts and returns of their assets, liabilities, revenues and working expenditures that relate to railway operations.
•RAILWAY ACT, R.S.C. 197
● •Ex. s. 328(1) The [Canadian Transport] Commission shall prescribe for the Canadian National Railway Company and the Canadian Pacific Railway Company a uniform classification and system of accounts and returns of their assets, liabilities, revenues and working expenditures that relate to railway operations.
•RAILWAY ACT, R.S.C. 197
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Regulation
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•a statutory instrument
•(a) made in the exercise of a legislative power conferred by or under an Act of Parliament
•(a) made in the exercise of a legislative power conferred by or under an Act of Parliament
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s. 14
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•S. 14 - The Minister may make regulations prohibiting the importation of any animal ... into Canada, ... for such period as the Minister considers necessary for the purpose of preventing a disease or toxic substance from being introduced into or spread within Canada.
•HEALTH OF ANIMALS ACT
•HEALTH OF ANIMALS ACT
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S. 6
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S. 6. - •The Minister may ... (e) by order served personally or by registered mail, require any person. to furnish in writing to the Minister. information relating to feed grain consumption, storage, handling, shipping or pricing.
Ex.. •Ss.20 (1) - Every person who ... (d) fails to comply with an order issued [sic] pursuant to paragraph 6(e) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years or both.
- LIVESTOCK FEED ASSISTANCE ACT
Ex.. •Ss.20 (1) - Every person who ... (d) fails to comply with an order issued [sic] pursuant to paragraph 6(e) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years or both.
- LIVESTOCK FEED ASSISTANCE ACT
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Includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, and any instrument described as a regulation in any other Act of Parliament.
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Ex.. •Ss. 482 (1) Every superior court of criminal jurisdiction ... may make rules of court ..., and any rules so made apply to any prosecution, proceeding, action ... within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action ...
- CRIMINAL CODE
- CRIMINAL CODE
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Why does it matter?
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1. Regulations are subject to the regulatory process, with some exceptions.
2. Other statutory instruments and other documents are not subject to the regulatory process, with some exceptions.
2. Other statutory instruments and other documents are not subject to the regulatory process, with some exceptions.
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Exceptions
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Ex... "The Statutory Instruments Act does not apply to a notice given under this section."
•"An order made under this section is not a statutory instrument as defined in the Statutory Instruments Act."
• "A regulation made under subsection (1) is exempt from sections 3, 5, and 11 of the Statutory Instruments Act."
•"An order made under this section is not a statutory instrument as defined in the Statutory Instruments Act."
• "A regulation made under subsection (1) is exempt from sections 3, 5, and 11 of the Statutory Instruments Act."
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Cabinet Directive on Regulation
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●When drafting enabling legislation, departments and agencies are to ensure that subordinate legislative instruments are subject to the requirements of the Statutory Instruments Act
●Regulations should not be exempted from these requirements except in exceptional circumstances, when approved by Cabinet.
●Seeking to obtain an exemption from the Statutory Instruments Act in order to avoid the requirements of the Cabinet Directive on Regulation is not justified."
●Regulations should not be exempted from these requirements except in exceptional circumstances, when approved by Cabinet.
●Seeking to obtain an exemption from the Statutory Instruments Act in order to avoid the requirements of the Cabinet Directive on Regulation is not justified."
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