Assented to 2002-06-13
An Act to re-enact legislative instruments enacted in only one official language
This enactment re-enacts, or provides for the re-enactment of, certain instruments of a legislative nature that were originally enacted in only one official language in order to resolve any uncertainty with respect to their legal validity. Legislative instruments that were enacted in one official language but published in both official languages are automatically and retroactively re-enacted in both languages. The enactment also confers regulation-making powers on the Governor in Council to retroactively re-enact, in both official languages, legislative instruments that were enacted in one official language and published in that language only or not published at all.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2. The following definitions apply in this Act.
« édicter »
“enacted” includes issued, made and established.
« publication gouvernementale »
“government publication” means the Canada Gazette or any other official publication of the Government of Canada in which legislative instruments were published.
« texte législatif »
“legislative instrument” means
(a) an instrument enacted before the coming into force of section 7 of the Official Languages Act on September 15, 1988 by, or with the approval of, the Governor in Council or a minister of the Crown in the execution of a legislative power conferred by or under an Act of Parliament; or
(b) an instrument that amends or repeals an instrument referred to in paragraph (a).
Marginal note:Instruments published in both languages
3. (1) Every legislative instrument that was originally enacted in only one official language and was, at the time of its enactment, published in both official languages in a government publication is hereby re-enacted in both official languages in the same form as that in which the legislative instrument was published.
Marginal note:Re-enactment retroactive
(2) The provisions of an instrument re-enacted under subsection (1) are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force, and those corresponding provisions are deemed to be repealed as at that time.
Marginal note:Instruments not published or published in one language
4. (1) Where a legislative instrument was originally enacted in only one official language and, at the time of its enactment, was published in only one official language or was exempted by law from the requirement to be published in a government publication, the Governor in Council may, by regulation, repeal the legislative instrument and re-enact it in both official languages, without change to the version of the legislative instrument in the language in which it was originally enacted.
Marginal note:Regulation retroactive
(2) A regulation made under subsection (1) shall provide that the provisions of the re-enacted instrument are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force.
(3) No person shall be convicted of an offence consisting of a contravention of a provision of an instrument re-enacted under subsection (1) unless the contravention occurred after the instrument was re-enacted and published in both official languages.
Marginal note:Powers of Governor in Council
(4) The Governor in Council may repeal and re-enact a legislative instrument under subsection (1) notwithstanding that
(a) the power under which the legislative instrument was originally enacted no longer exists; or
(b) the office or body that originally enacted the legislative instrument no longer exists.
Marginal note:Conditions of re-enactment
(5) The re-enactment of a legislative instrument under subsection (1) is not subject to the same conditions, if any, that applied to the enactment of the legislative instrument it replaces.
(6) A regulation made under subsection (1) shall be published in the Canada Gazette, unless the regulation is a regulation of a class referred to in subsection 15(3) of the Statutory Instruments Regulations.
Marginal note:Repeal of legislative instruments
(7) Upon the expiration of six years after this Act comes into force, any legislative instrument described in subsection (1) that has not been re-enacted in both official languages is repealed.
Marginal note:Deeming and citation
5. (1) An instrument re-enacted under section 3 or 4 is deemed to be, and to have always been, the legislative instrument it replaces and, subject to subsection (3), shall be cited in the same manner as that legislative instrument.
Marginal note:Power to amend or repeal
(2) For greater certainty, the holder of an office, or a body, that has the power to amend or repeal a legislative instrument that was re-enacted under section 3 or 4 may use that power to amend or repeal the re-enacted instrument.
Marginal note:Reference to title
(3) Where a legislative instrument was not published at the time of its enactment or was at that time published in only one official language, the re-enacted instrument that replaces it may be referred to by its title in either official language.
Marginal note:Both versions equally authoritative
6. The English and French versions of an instrument re-enacted under section 3 or 4 are equally authoritative.
Marginal note:Repealed instruments not revived
7. An instrument that was repealed or that otherwise ceased to have effect on or before the day on which this Act comes into force is not by virtue of this Act or any regulation made under this Act revived in respect of any period subsequent to its repeal or ceasing to have effect.
Marginal note:Referral for scrutiny
(2) Instruments re-enacted under section 3 and regulations made under section 4 stand permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act for review and scrutiny.
9. (1) Within five years after the day on which this Act comes into force, the Minister of Justice shall complete a review of the implementation and operation of section 4.
(2) Subject to subsection (3), within one year after the review is completed pursuant to subsection (1), or within such further time as may be authorized by both Houses of Parliament, the Minister of Justice shall submit a report on the review to each House of Parliament that includes:
(a) a description of the measures taken to identify legislative instruments referred to in subsection 4(1);
(b) a list of any legislative instruments that have been repealed and re-enacted under subsection 4(1); and
(c) a list of any legislative instruments referred to in that subsection that have been identified but that have not been repealed and re-enacted.
Marginal note:Number of certain instruments
(3) The report referred to in subsection (2) shall, in respect of legislative instruments of a class referred to in subsection 15(3) of the Statutory Instruments Regulations, set out only the number of such instruments that are of the types described in paragraphs (2)(b) and (c).
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