AMENDING REGULATIONS

Amending regulations are regulations that amend, repeal or replace existing regulations or add to their provisions. Amending regulations may also amend more than one existing regulation.

Regulations that entirely replace existing regulations may also be considered amending regulations, even if they are presented as new regulations.

Principles

The power to make regulations includes the power to amend or repeal them. This principle is confirmed by subsection 31(4) of the Interpretation Act:

(4) Where a power is conferred to make regulations, the power shall be construed as including a power, exercisable in the same manner and subject to the same consent and conditions, if any, to repeal, amend or vary the regulations and make others.

Unless otherwise provided in the enabling statute, only the person with the power to make the regulations has the power to amend or repeal them. To amend two or more regulations by means of a single amending regulation, the regulation-making authority (Governor in Council, minister, etc.) must be the same for all the regulations to be amended. The instruments to be amended must also bear the same designation, that is, "SOR" or "SI". In others words, an amending regulation cannot amend, at the same time, some instruments that are designated "SOR" and others that are designated "SI".

Note that, as any other type of regulations, an amending regulation may be made under more than one enabling statute.

As the Interpretation Act provides, the power to amend or repeal regulations is subject to the same conditions as those that applied when the original regulations were made. Therefore, if certain regulations are subject to conditions precedent, those conditions must also be met when the regulations are amended or repealed. (see CONDITIONS PRECEDENT)

Format

Amending regulations follow the same format as the regulations being amended, except that the title of the regulations is followed by the heading "AMENDMENTS" and amending formulas are inserted before each of the provisions being amended. (see AMENDING CLAUSES)

An amending regulation that amends two or more regulations should follow the same format as Miscellaneous Amendment Regulations (see MISCELLANEOUS AMENDMENT REGULATIONS), except that the title does not include the expression "Miscellaneous Program" at the end. (see TITLE OF REGULATIONS) The regulations being amended or repealed are set out in the amending regulation in the order of their original publication (e.g., C.R.C., c. 534; C.R.C., c. 1054; SOR/81-221; SOR/90-1038; and SOR/96-117), and are grouped under their enabling Acts if they are made under more than one Act. The Acts that are listed as headings are set out in English alphabetical order, in accordance with the Table of Public Statutes. However, if one enabling Act has many more amendments than the other Acts that are being amended, it is preferable that this Act be placed first in the list, rather than being placed in alphabetical order.

It is possible to combine in one amending regulation, regulations that are required by the enabling Act to be prepublished in the Canada Gazette, Part I, with regulations that are not subject to such a requirement. In such a case, a "whereas" clause is inserted in the executive order that is published in the Canada Gazette, Part II, to reflect the fact that the relevant regulations were prepublished in accordance with the enabling Act.

If new regulations are being made to entirely replace the old ones, they are formatted as new regulations, except that provisions making consequential amendments to other regulations (if any) and repealing the old regulations are inserted before the coming-into-force provision. The title of the regulations that are being consequentially amended and the old regulations are footnoted to specify their SOR numbers. In this circumstance, however, the title of the new regulations does not mention the consequential amendments or the repeal of the old regulations.

Examples

Note: If an amending regulation does not have a "COMING INTO FORCE" heading or any other heading, the heading "AMENDMENTS" should be deleted.

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  Example 1: Regulations amending a single regulation

  REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

  AMENDMENTS

    1. Subsection x(x) of the Migratory Birds Regulations¹ is replaced by the following:

  (x) …

    2. Section x of the Regulations is replaced by the following:

  x. …

  ---

  ¹ C.R.C., c. 1035

  
  
  

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  Example 2: Regulations amending more than one regulation

  REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT

  PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING SUSPICIOUS TRANSACTION REPORTING REGULATIONS

    1. Section x of the Proceeds of Crime … Suspicious Transaction Reporting Regulations¹is replaced by the following:

  x. …

  PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING REGULATIONS

    2. Subsection x of the Proceeds of Crime … Regulations²is replaced by the following:

  x. …

  CROSS BORDER CURRENCY AND MONETARY INSTRUMENTS REPORTING REGULATIONS

    3. Section x of the Cross Border Currency … Regulations³is repealed.

  ---

  • ¹ SOR/2001-317
  • ² SOR/2002-184
  • ³ SOR/2002-412

  
  
  

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  Example 3: Regulations repealing a single regulation

  REGULATIONS REPEALING THE EXPORT AND IMPORT OF HAZARDOUS WASTES REGULATIONS

  REPEAL

    1. The Export and Import of Hazardous Wastes Regulations¹ are repealed.

  ---

  ¹ SOR/92-637

  
  
  

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  Example 4: Regulations repealing many regulations set out in a list

  REGULATIONS REPEALING CERTAIN REGULATIONS MADE UNDER THE CANADA SHIPPING ACT

  REPEAL

    1. The following regulations are repealed:

  (a) the Boat and Fire Drill Regulations¹;

  (b) the Pilot Ladder Regulations²; and

  (c) the Navigating Appliances and Equipment Regulations³.

  ---

  • ¹ C.R.C., c. 1406
  • ² SOR/78-218
  • ³ SOR/84-689

  
  
  

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  Example 5: Regulations replacing an existing regulation

  MEDICAL DEVICES REGULATIONS

  INTERPRETATION

    1. The following definitions apply in these Regulations.

  …

  REPEAL

  x. The Medical Devices Regulations¹ are repealed.

  ---

  ¹C.R.C., c. 871

  
  
  

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  Example 6: Regulations amending a schedule to an Act

  ORDER AMENDING SCHEDULE 1 TO THE CONTROLLED DRUGS AND SUBSTANCES ACT

  AMENDMENT

    1. Section 18 of Schedule 1 to the Controlled Drugs and Substances Act¹ is replaced by the following:

  18. … .

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  ¹ S.C. 1996, c. 19

  
  

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