Canadian Charter of Rights and Freedoms Examination Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-85-781/FullText.html

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Canadian Charter of Rights and Freedoms Examination Regulations

SOR/85-781DEPARTMENT OF JUSTICE ACT
Registration 1985-08-14
Regulations Respecting the Examination of Bills and Regulations Pursuant to the Department of Justice Act
P.C. 1985-2561 1985-08-13Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 4.1Footnote * of the Department of Justice Act, is pleased hereby to make the annexed Regulations respecting the examination of Bills and regulations pursuant to the Department of Justice Act.
Return to footnote *S.C. 1985, c. 26, s. 106Short Title

1 These Regulations may be cited as the Canadian Charter of Rights and Freedoms Examination Regulations.

Interpretation

2 In these Regulations, Minister means the Minister of Justice.

Examination of Bills

3 In the case of every Bill introduced in or presented to the House of Commons by a Minister of the Crown, the Minister shall, forthwith on receipt of two copies of the Bill from the Clerk of the House of Commons,

(a) examine the Bill in order to determine whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms, and
(b) cause to be affixed to each of the copies thereof so received from the Clerk of the House of Commons a certificate, in a form approved by the Minister and signed by the Deputy Minister of Justice, stating that the Bill has been examined as required by section 4.1 of the Department of Justice Act,

and one each of the copies thereof so certified shall thereupon be transmitted to the Clerk of the House of Commons and the Clerk of the Privy Council.

Examination of Regulations

4 The Clerk of the Privy Council shall, on receipt of a regulation transmitted to him for registration pursuant to the Statutory Instruments Act but not examined as a proposed regulation in accordance with section 3 of that Act, forward a copy thereof to the Minister.

5 The Minister shall, forthwith on receipt of a copy of a regulation forwarded to him by the Clerk of the Privy Council pursuant to section 4,

(a) examine the regulation in order to determine whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and
(b) cause to be affixed to the copy thereof so received from the Clerk of the Privy Council a certificate, in a form approved by the Minister and signed by the Deputy Minister of Justice, stating that the regulation has been examined as required by section 4.1 of the Department of Justice Act,

and the copy so certified shall thereupon be returned to the Clerk of the Privy Council.

Report of the Minister

6 Where any of the provisions of any Bill examined by the Minister pursuant to section 3 or any of the provisions of any regulation examined by him pursuant to section 5 are ascertained by the Minister to be inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms, the Minister shall make a report in writing of the inconsistency and shall cause such report to be deposited with the Clerk of the House of Commons in accordance with the Standing Orders of the House of Commons at the earliest convenient opportunity.
SOR/86-42, s. 1.

7 A copy of every report made by the Minister pursuant to section 6 shall, where such report relates to a regulation, be transmitted to the Clerk of the Privy Council forthwith on the making thereof.