EXPLANATORY NOTE

The purpose of the explanatory note that accompanies a statutory instrument is to help the reader grasp the main points of the instrument by disclosing its subject matter and principal features. If an existing instrument is being amended, the explanatory note should indicate how the existing regime is being altered (e.g., whether fees are being increased or whether limits are being extended).

The note must not discuss the policy that prompted the instrument. It must confine itself to summarizing what the instrument accomplishes rather than state why it is being made, unless the explanation relates solely to mechanics and not to policy (e.g., the instrument is intended to correct an error).

When published in the Canada Gazette, the explanatory note appears after the instrument. In most cases, it consists of only one or two paragraphs, and its heading is in bold type.

An explanatory note is included only with instruments that are not subject to the Government's policy on the prepublication of draft regulations^[1]; i.e. that do not require a Regulatory Impact Analysis Statement (RIAS).^[2] Those instruments are the following:

• statutory instruments and other documents that are designated "SI"; and

• regulations and orders ("SOR"s) made by some independent bodies such as the Canadian Radio-television and Telecommunications Commission (CRTC), the Copyright Board and Canadian Marketing Agencies such as the Canadian Turkey Marketing Agency. (Contact Treasury Board Secretariat, Regulatory Affairs Division to determine if a particular body is exempt from publishing a RIAS.)

Those bodies may, however, choose to follow the Government's policy on the prepublication of draft regulations, in which case the explanatory note is replaced by a RIAS.

An explanatory note is not included if the instrument is self-explanatory, such as an order designating a minister for the purposes of an Act or an order transferring responsibility for the administration of an Act. However, an order fixing the date on which an Act comes into force is an exception. In that case, the note should set out what the Act accomplishes, thus informing the public of the type of measure coming into effect. The summary of the Act should be used for this purpose.

The explanatory note is not part of the instrument and includes a mention to that effect. Nevertheless, it is examined by the appropriate regulations section together with the instrument to which it relates, and is stamped at the end of the examination process.

Below are some examples of explanatory notes:

• Example 1: Remission order

  EXPLANATORY NOTE

  (This note is not part of the Order.)

  The Order remits $3,150 of the goods and services tax (GST), representing a rebate to which David Derksen and Nita Derksen became disentitled as a result of failing to apply for the rebate in a timely manner owing to circumstances beyond their control.

• Example 2: Amending order

  EXPLANATORY NOTE

  (This note is not part of the Order.)

  The Gallantry Awards Order provides gratuities and annuities to members of the armed forces who have been personally decorated with the Victoria Cross, the Military Cross and other important medals for gallantry or heroism in war.

  The amendments

  • (a) increase the annuity payable to holders of the Victoria Cross or the George Cross from $300 to $3,000, in line with a recent similar increase passed by the Government of Great Britain; and

  • (b) transfer the responsibility for paying the benefits to the Minister of Veterans Affairs from the Canadian Pension Commission.

• Examples 3 and 4: Order fixing the coming into force of an Act or certain provisions

  EXPLANATORY NOTE

  (This note is not part of the Order.)

  The Library and Archives of Canada Act creates the Library and Archives of Canada as the successor to the National Library and the National Archives of Canada and provides for the appointment of its head, the Librarian and Archivist of Canada.

  The Act provides for functions and powers of the Librarian and Archivist that are a modernization of the present functions and powers of the National Librarian and National Archivist of Canada and integrates their formerly distinct missions. The regime for legal deposit of publications has also been updated to provide for the deposit of electronic publications. A new power to preserve the documentary heritage of Canada as found on the Internet has also been introduced.

  EXPLANATORY NOTE

  (This note is not part of the Order.)

  The Order brings into force certain provisions of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts on May 3, 2004. Those provisions amend certain provisions of the Royal Canadian Mounted Police Superannuation Act with respect to lock-in requirements and on-going housekeeping changes.

• Example 5: Amending order

  EXPLANATORY NOTE

  (This note is not part of the Order.)

  The amendment sets out December 31, 2006 as the date on which the Order ceases to have effect.

Part 4 – Table of contents

Footnotes

• ^[1] For details on this policy, see PUBLICATION, item 6 in Part 2.

• ^[2] See REGULATORY IMPACT ANALYSIS STATEMENT (RIAS).