Formal Documents Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1331/FullText.html

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Formal Documents Regulations

C.R.C., c. 1331SEALS ACT
PUBLIC OFFICERS ACT
Regulations Respecting the Issue of Formal DocumentsShort Title

1 These Regulations may be cited as the Formal Documents Regulations.

Interpretation

2 In these Regulations,

Privy Seal
Privy Seal means the seal adopted by the Governor General or the Administrator for the sealing of official documents that are to be signed by him, or with his authority by his deputy, and that do not require to be sealed with the Great Seal; (sceau privé)
permanent
permanent, in relation to any commission, board or corporation, means established without any limitation of time as to its continuance; (permanent)
regular
regular means appointed on a permanent basis; (régulier)
temporary
temporary, in relation to any commission, board or corporation, means established for a specified period of time or until the occurrence of a stated event; (temporaire)
temporary or ad hoc
temporary or ad hoc means appointed specially for a specified short period of time or until the occurrence of a stated event. (temporaire ou spécial (ad hoc))

General

3 (1) Every document under seal issued in accordance with these Regulations shall bear the signature of the person holding the office indicated in each case, or the signature of the acting holder of such office, except that any such document required to be signed by the deputy head of a department may in any case be signed by the head or the acting head of such department.
(2) Nothing in these Regulations shall be construed as requiring the issuance of a Commission to any person on re-appointment to an office unless the commission constitutes the instrument of re-appointment.
(3) Any document in respect of the appointment of the Attorney General or the Minister of Industry, or in respect of the appointment of a person holding one of those offices to concurrently hold another office, that is required by these Regulations to be issued under seal and to be signed by the Attorney General or Registrar General may be signed by the Prime Minister.

SOR/2005-187, s. 1.

4 Commissions under the Great Seal, to be affixed by the Registrar General, shall issue to persons appointed to the following offices:

Appointees
Signatures

(1)
Governor General

The Sovereign,
Prime Minister,
Registrar General.

(2)
Federal Cabinet Ministers and Members of the Queen’s Privy Council for Canada not of the Cabinet

Governor General,
Registrar General,
Attorney General.

(3)
Lieutenant-Governors of Provinces

Governor General,
Registrar General,
Attorney General.

(4)
Provincial Administrators

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(5)
Ambassadors, officers having the rank of Ambassador who are not included in any other category contained in these Regulations, High Commissioners and Ambassadors Extraordinary and Plenipotentiary

Governor General,
Registrar General,
Attorney General.

(6)
Federally appointed Judges

Governor General,
Registrar General,
Attorney General.

(7)
[Repealed, SOR/2005-187, s. 2]

(8)
Senators

Governor General,
Registrar General.

(9)
Officers of Parliament:

(a) Speaker of the Senate

Governor General,
Registrar General,
Attorney General.

(b) Clerk of the Senate, Clerk of the House of Commons, Sergeant-at-Arms, Parliamentary Librarian, Associate Parliamentary Librarian and Usher of the Black Rod

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(10)
Deputy Ministers and officers having the rank of Deputy Minister who are not included in any other category contained in these Regulations

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(11)
Regular members and officers of permanent federal commissions, boards and corporations

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(12)
Regular members of permanent international commissions

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(13)
Commissioners under the Inquiries Act

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(14)
Commissioner and Deputy Commissioner of the Northwest Territories

Governor General,
Registrar General,
Attorney General.

(14.1)

Commissioner and Deputy
Commissioner of Nunavut

Governor General,
Registrar General,
Attorney General.

(15)
Commissioner and Administrator of the Yukon Territory

Governor General,
Registrar General,
Attorney General.

(16)
Chief of the Defence Staff

Governor General,
Registrar General,
Attorney General.

(17)
Commissioner and Officers of the Royal Canadian Mounted Police upon their first appointment to the rank of an officer

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(18)
Federally appointed Queen’s Counsel

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(19)
Commissioners to administer oaths (whether oaths of allegiance and office, affidavits for use in the Supreme and Federal Courts or any other oaths or affidavits)

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(20)
Persons to whom the issuance of a commission under the Great Seal is provided for by law and who are not included in any other category contained in this section
To bear such signatures as the Registrar General prescribes, in the absence of any applicable provision with respect thereto.

SOR/2005-187, s. 2.

5 Commissions under the Privy Seal shall issue to persons appointed to the following offices:

(a) with the said Seal to be affixed by the Secretary to the Governor General:

Appointees
Signatures

Officers of the Canadian Forces

Governor General,
Minister of National Defence;

(b) with the said Seal to be affixed by the Registrar General:

Appointees
Signatures

(1)
Deputies of the Governor General

Governor General,
Deputy Registrar General.

(2)
Deputies of the Administrator

Administrator,
Deputy Registrar General.

(3)
Officers of the Canadian Forces when there is an Administrator

Administrator,
Minister of National Defence.

6 Commissions under the Seal of the Registrar General shall issue to persons appointed to the following offices:

Appointees
Signatures

(1)
Consuls General, Consuls and Vice Consuls

Deputy Governor,
Deputy Registrar General,
Deputy Attorney General.

(2)
Temporary or ad hoc members of permanent federal commissions, boards and corporations

Deputy Governor,
Deputy Registrar General,
Deputy Attorney General.

(3)
Members of temporary federal commissions, boards and corporations

Deputy Governor,
Deputy Registrar General,
Deputy Attorney General.

(4)
[Repealed, SOR/98-274, s. 4]

(5)
Persons in the public service of Canada appointed under an order in council who are not included in any other category contained in section 4, in section 5 or in this section and to whom the Registrar General deems it appropriate that a commission should issue

Deputy Governor,
Deputy Registrar General,
Deputy Attorney General.

SOR/98-274, s. 4.

7 The following documents shall be issued under the Great Seal which shall be affixed by the Registrar General:

Documents
Signatures

(1)
Letters Patent constituting the office of Governor General

The Sovereign,
Prime Minister,
Registrar General.

(2)
Proclamations (except proclamations of the appointment of the Governor General, proclamations of the death of the Sovereign and proclamations respecting the Constitution of Canada)

Governor General,
Deputy Registrar General,
Deputy Attorney General.

(2.1)
Proclamation respecting the coming into force of paragraph 23(1)(a) of the Constitution Act, 1982

The Sovereign or Governor General, Prime Minister, Registrar General, Attorney General.

(2.2)
Proclamations under sections 38, 41, 42 and 43 of the Constitution Act, 1982

Governor General, Prime Minister, Registrar General, Attorney General.

(3)
Grants by the Crown of lands or rights therein
Deputy Governor, Deputy Registrar General, Deputy Attorney General or officer of his department authorized to sign for him, Deputy Minister of department concerned or officer of his department authorized to sign for him.

(4)
[Repealed, SOR/98-274, s. 5]

(5)
Election writs

Deputy Governor,
Chief Electoral Officer.

(6) and (7)
[Repealed, SOR/98-274, s. 5]

SOR/82-400, s. 1;
SOR/83-426, s. 1;
SOR/98-274, s. 5.

8 The following documents shall be issued under the Privy Seal, which shall be affixed by the Registrar General:

Documents
Signatures

(1)
Proclamation of the Governor General’s appointment
Governor General.

(2)
Proclamation of the death of the Sovereign

Governor General and
Registrar General.

(3)
[Repealed, SOR/2005-187, s. 3]

(4)
Certificates of authentication

Governor General,
Deputy Registrar General.

(5)
[Repealed, SOR/2005-187, s. 3]

SOR/2005-187, s. 3.

9 [Repealed, SOR/2000-79, s. 9]