An Act to amend the Statutory Instruments Act (disallowance procedure for regulations)

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An Act to amend the Statutory Instruments Act (disallowance procedure for regulations)

S.C. 2003, c. 18

Assented to 2003-06-19

An Act to amend the Statutory Instruments Act (disallowance procedure for regulations)

SUMMARY

This enactment amends the Statutory Instruments Act to establish a statutory disallowance procedure that applies to all regulations subject to review and scrutiny by the Standing Joint Committee for the Scrutiny of Regulations. In so doing, this enactment ensures that both Houses of Parliament will have the opportunity to disallow any regulation made pursuant to authority delegated by Parliament.

R.S., c. S-22Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Statutory Instruments Act is amended by adding the following after section 19:

Marginal note:Resolution to revoke a regulation

19.1 (1) Subject to subsection (2), a committee of both Houses of Parliament may make a report to the Senate and the House of Commons containing only a resolution that all or any portion of a regulation that stands permanently referred to the committee be revoked.

Marginal note:Notice

(2) No report may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the committee adopts the report, that the committee intends to consider the report. If the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made.

Marginal note:Only one report per sitting day

(3) Not more than one report shall be laid before the Senate or the House of Commons during any sitting day of that House.

Marginal note:Contents of report

(4) In each House, the Senator or member who presents the report shall

(a) state that it contains a resolution pursuant to subsection (1);

(b) identify the regulation or portion of the regulation in relation to which the report is made and indicate that the text of the regulation or portion is included in the report; and

(c) state that notice has been given in accordance with subsection (2).

Marginal note:Deemed adoption

(5) The resolution is deemed to have been adopted by the Senate or the House of Commons on the fifteenth sitting day after the report is presented to that House unless, before that time, a Minister files with the Speaker of that House a motion to the effect that the resolution not be adopted.

Marginal note:Time for consideration of motion

(6) The House in which the motion is filed shall meet at 1:00 o’clock p.m. on the Wednesday next, or at any later time or date fixed by unanimous consent of that House. At that time the order of business shall be the consideration of the motion.

Marginal note:Debate

(7) The motion shall be debated without interruption for not more than one hour, during which time no Senator or member may speak for more than ten minutes. On the conclusion of the debate or at the expiration of the hour, the Speaker shall immediately, without amendment or further debate, put every question necessary for the disposal of the motion.

Marginal note:More than one motion

(8) If more than one motion is made pursuant to subsection (5), the Senate or the House of Commons shall consider those motions in the order in which they may be set down for consideration at the request of a Minister, as long as the motions are grouped together for debate.

Marginal note:Revocation of regulation

(9) Where both Houses have adopted or are deemed to have adopted a resolution that all or any portion of a regulation be revoked, the authority authorized to make the regulation shall revoke the regulation or portion of the regulation no later than 30 days, or any longer period that may be specified in the resolution, after the later of the dates on which the Houses have adopted or are deemed to have adopted the resolution.

Definition of “sitting day”

(10) For the purposes of this section, “sitting day” means, in respect of either House of Parliament, a day on which that House sits.
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