MISCELLANEOUS AMENDMENT REGULATIONS

Miscellaneous amendment regulations are used to correct errors, omissions and inconsistencies in regulations in an expeditious way. The process can be used at any time and has the following advantages:

• it allows the use of a simplified RIAS (Regulatory Impact Analysis Statement);

• it does not require the signature of the minister or the head of the agency on the RIAS;

• it does not require a communications plan; and

• it does not require prepublication (unless this is required by the enabling Act).

CRITERIA

Miscellaneous amendment regulations can be used only to make the following minor corrections that have no policy implications (i.e., non-substantive changes):

• the repeal of spent provisions or regulations;

• errors in format, syntax, spelling and punctuation;

• typographical errors, archaisms, anomalies and renumbering;

• inconsistencies between the English and French versions.

Miscellaneous amendment regulations may also include changes requested by the Standing Joint Committee for the Scrutiny of Regulations, whether or not they have policy implications (i.e. they can include substantive changes).

FORMAT

Miscellaneous amendment regulations follow the same format as any amending regulations. The only difference is in the title (see TITLES in this article).

If a miscellaneous amendment regulation amends more than one regulation, the regulation-making authority must be the same for all the regulations being amended. For example, if some of the regulations being amended are made by the Governor in Council and others by the minister, two miscellaneous amendment regulations are required.

Note that when several regulations are being amended or repealed, they are set out in the amending regulation in the order of their original publication (e.g., C.R.C., c. 534; C.R.C., c. 1054; SOR/81-221; SOR/90-1038; and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 and Responsible Ministers. 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.

If some of the instruments being amended are designated "SI" and others "SOR", two separate instruments are required: one to amend the SIs and the other to amend the SORs.

It is possible to combine, however, in one miscellaneous amendment 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 (see Example 6).

TITLES

Below are the titles to be used for miscellaneous amendment regulations. When orders or rules are being amended, the title of the miscellaneous instrument is "Order [Rules] Amending Certain Orders [Rules] Made …".

REGULATIONS MADE UNDER A SINGLE ACT

• 1. Amendment of one regulation:

  REGULATIONS AMENDING THE MEAT INSPECTION REGULATIONS (MISCELLANEOUS PROGRAM)

• 2. Amendment of two or more regulations:

  REGULATIONS AMENDING CERTAIN REGULATIONS ADMINISTERED AND ENFORCED BY THE CANADIAN FOOD INSPECTION AGENCY (MISCELLANEOUS PROGRAM)

  REGULATIONS AMENDING CERTAIN REGULATIONS (INSTRUMENTS*) MADE UNDER THE MEAT INSPECTION ACT (MISCELLANEOUS PROGRAM)

  * For example, when both orders and regulations are amended.

  REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CUSTOMS ACT (TARIFF SIMPLIFICATION - MISCELLANEOUS PROGRAM)

• 3. Repeal of one regulation:

  REGULATIONS REPEALING THE TIMBER CARGO REGULATIONS (MISCELLANEOUS PROGRAM)

• 4. Repeal of two or more regulations:

  REGULATIONS REPEALING CERTAIN REGULATIONS MADE UNDER THE CUSTOMS ACT (MISCELLANEOUS PROGRAM)

• 5. Amendment and repeal of two or more regulations:

  REGULATIONS AMENDING AND REPEALING CERTAIN REGULATIONS MADE UNDER THE CUSTOMS ACT (MISCELLANEOUS PROGRAM 2002-2)

REGULATIONS MADE UNDER TWO OR MORE ACTS

• 1. Amendment of two or more regulations made under two or more Acts for which a single department is responsible:

  REGULATIONS AMENDING CERTAIN DEPARTMENT OF HEALTH REGULATIONS (MISCELLANEOUS PROGRAM)

• 2. Repeal of two or more regulations made under two or more Acts for which a single department is responsible:

  REGULATIONS REPEALING CERTAIN DEPARTMENT OF TRANSPORT REGULATIONS (MISCELLANEOUS PROGRAM)

• 3. Amendment and repeal of two or more regulations made under two or more Acts for which a single department is responsible:

  REGULATIONS AMENDING AND REPEALING CERTAIN DEPARTMENT OF FINANCE REGULATIONS (MISCELLANEOUS PROGRAM)

EXAMPLES

The following are some examples of miscellaneous amendment regulations. (The footnotes have been eliminated in these examples.)

• Example 1: Amendment of two or more regulations made under a single Act

  Whereas the proposed Regulations Amending Certain Regulations Made under the Customs Act (Miscellaneous Program) make no material substantive change in the existing regulations and are therefore, by virtue of paragraph 164(4)(d) of the Customs Act, not required to be published under subsection 164(3) of that Act;

  Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 32(1) and (2), paragraph 74(3)(b), subsections 75(1) and 97.2(1), paragraph 164(1)(i) and subsections 164(1.1) and (1.2) of the Customs Act, hereby makes the annexed Regulations Amending Certain Regulations Made under the Customs Act (Miscellaneous Program).

  REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CUSTOMS ACT (MISCELLANEOUS PROGRAM)

  REFUND DUTIES REGULATIONS

  • 1. The portion of section 21.1 of the Refund of Duties Regulations before paragraph (a) is replaced by the following:

    21.1 This Part applies to the granting of a refund under paragraph 74(1)(c.1) of the Act of duties paid on goods.

  • 2. Paragraph 21.3(b) of the Regulations is replaced by the following:

    (b) the duties payable on the goods as a result of the goods being eligible for preferential tariff treatment under NAFTA or preferential tariff treatment under CCFTA, as the case may be.

  EXPORTERS' AND PRODUCERS' RECORDS REGULATIONS

  3. The definition "advance ruling" in section 1 of the Exporters' and Producers' Records Regulations is replaced by the following:

  "advance ruling" means an advance ruling referred to in Article 509 of NAFTA, Article 5.8 of CIFTA or Article E‑09 of CCFTA. (décision anticipée)

  CIFTA TARIFF ITEM NO. 9827.00.00 ACCOUNTING REGULATIONS

  4. The title of the CIFTA Tariff Item No. 9827.00.00 Accounting Regulations is replaced by the following:

  CIFTA AND CCFTA TARIFF ITEM NO. 9827.00.00 ACCOUNTING REGULATIONS

  5. Paragraph 2(b) of the Regulations is replaced by the following:

  (b) proof of exportation of the goods to Chile or to Israel or another CIFTA beneficiary.

  COMING INTO FORCE

  6. These Regulations come into force on the day on which they are registered.

• Example 2: Amendment and repeal of two or more instruments (orders and regulations) designated "SOR"

  His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 6 of the Radiocommunication Act, hereby makes the annexed Regulations Amending and Repealing Certain Instruments Made under the Radiocommunication Act (Miscellaneous Program).

  REGULATIONS AMENDING AND REPEALING CERTAIN INSTRUMENTS MADE UNDER THE RADIOCOMMUNICATION ACT (MISCELLANEOUS PROGRAM)

  PRIVATE RECEIVING ANTENNAE CONSTRUCTION ORDER

  1. The Private Receiving Antennae Construction Order is repealed.

  RADIOCOMMUNICATION REGULATIONS

  2. The heading before section 72 of the Radiocommunication Regulations is replaced by the following:

  Fixed Station Communication with a Station not Otherwise Described

  3. Items 7 and 8 of Schedule II to the Regulations are repealed.

  COMING INTO FORCE

  4. These Regulations come into force on the day on which they are registered.

• Example 3: Regulation amending a single regulation

  The Minister of Agriculture and Agri-Food, pursuant to subsection 204(9) of the Criminal Code, hereby makes the annexed Regulations Amending the Pari-Mutuel Betting Supervision Regulations (Miscellaneous Program).

  Ottawa,   , 1997

  ---

  Lyle Vanclief
  Minister of Agriculture and Agri-Food

  REGULATIONS AMENDING THE PARI-MUTUEL BETTING SUPERVISION REGULATIONS (MISCELLANEOUS PROGRAM)

  AMENDMENT

  1. Paragraph 103(1)(h) of the Pari-Mutuel Betting Supervision Regulations is replaced by the following:

  (h) the amount of the deduction from each dollar bet authorized under a provincial enactment;

  COMING INTO FORCE

  2. These Regulations come into force on the day on which they are registered.

• Example 4: Order repealing two or more orders

  Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraphs 13(b) and 23(a) of the Territorial Lands Act, hereby makes the annexed Order Repealing Certain Orders Made under the Territorial Lands Act (Miscellaneous Program) No. 2.

  ORDER REPEALING CERTAIN ORDERS MADE UNDER THE TERRITORIAL LANDS ACT (MISCELLANEOUS PROGRAM) NO. 2

  REPEALS

  1. The following Orders are repealed:

  • (a) Order in Council P.C. 2003-225, dated February 20, 2003;
  • (b) Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kluane First Nation, Y.T.);
  • (c) Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kwanlin Dun First Nation, Y.T.);
  • (d) Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Liard First Nation, Y.T.); and
  • (e) Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (White River First Nation, Y.T.).

  COMING INTO FORCE

  2. This Order comes into force on the day on which it is registered.

• Example 5: Regulation amending two or more regulations made under two or more Acts

  His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, hereby makes the annexed Regulations Amending and Repealing Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program), pursuant to

  • (a) section 32 of the Canada Agricultural Products Act;
  • (b) section 5 of the Feeds Act; and
  • (c) subsection 5(1) of the Fertilizers Act.

  REGULATIONS AMENDING AND REPEALING CERTAIN CANADIAN FOOD INSPECTION AGENCY REGULATIONS (MISCELLANEOUS PROGRAM)

  CANADA AGRICULTURE PRODUCTS ACT

  Egg Regulations

  1. The definition "Regional Director General" in section 2 of the Egg Regulations is replaced by the following:

  "Regional Director General" means the person designated as a Regional Director General by the President of the Agency. (directeur général régional)

  2. Paragraph 24(2)(a) of the Regulations is replaced by the following:

  (a) if the eggs are of Canadian origin, mark the container with a stamp approved by the Agency; and

  Fresh Fruit and Vegetable Regulations

  3. Paragraph 29(2)(c) of the Fresh Fruit and Vegetable Regulations is replaced by the following:

  (c) a release permit issued by an inspector, in a form established by the Agency, if an inspection cannot be performed within the time referred to in paragraph 40(1)(a) or (b).

  Maple Products Regulations

  4. The definition "Regional Director General" in section 2 of the Maple Products Regulations is replaced by the following:

  "Regional Director General" means the person designated as a Regional Director General by the President of the Agency. (directeur général régional)

  5. Paragraph 19(2)(b) of the Regulations is replaced by the following:

  (b) authorization in writing is obtained from the Regional Director General for each shipment before it enters Canada and, on entry into Canada, the shipment is subjected to any inspection or analysis that under these Regulations is necessary to determine whether the product complies with these Regulations.

  Agricultural Standards Inspectors Regulations

  6. The Agricultural Standards Inspectors Regulations are repealed.

  FEEDS ACT

  Feeds Regulations, 1983

  7. Subsection 2(1) of the Feeds Regulations, 1983 is amended by adding the following in alphabetical order:

  "Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

  8. Paragraph 5(2)(g) of the Regulations is amended by adding the word "and" at the end of subparagraph (v) and by repealing subparagraph (vi).

  FERTILIZERS ACT

  Fertilizers Regulations

  9. Subsection 2(1) of the Fertilizers Regulations is amended by adding the following in alphabetical order:

  "Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

  COMING INTO FORCE

  10. These Regulations come into force on the day on which they are registered.

• Example 6: Regulation amending certain regulations subject to statutory prepublication

  Whereas, pursuant to section 30 of the Transportation of Dangerous Goods Act, 1992, a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Miscellaneous Program), substantially in the form set out in section 2 of the annexed Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program), was published in the Canada Gazette, Part I, on September 20, 1997, and a reasonable opportunity was thereby given to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

  Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, hereby makes the annexed Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program), pursuant to

  • (a) sections 5 and 11 of the Motor Vehicle Safety Act; and
  • (b) paragraph 27(1)(h) of the Transportation of Dangerous Goods Act, 1992.

  REGULATIONS AMENDING CERTAIN DEPARTMENT OF TRANSPORT REGULATIONS (MISCELLANEOUS PROGRAM)

  MOTOR VEHICLE SAFETY ACT

  Motor Vehicle Safety Regulations

  1. Subsection 1201(1) of Schedule VI to the Motor Vehicle Safety Regulations is replaced by the following:

  1201. (1) Every snowmobile other than a competition snowmobile shall be constructed so that it conforms to the requirements set out in the SCCC/10 Safety Standards for Snowmobile Product Certification, published by the Snowmobile Safety and Certification Committee, Inc. (1640 Haslett Road, Suite 170, Haslett, Michigan 48840, U.S.A), dated June 8, 1994, other than the labelling requirements of Figures 4 to 7, and in the SSCC/10 Supplement, Detailed Standards and Testing Specifications and Procedures, dated June 8, 1994, when tested in accordance with the tests referred to in those Standards and that Supplement.

  TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

  Transportation of Dangerous Goods Regulations

  2. The portion of subsection 7.33.1(6) of the Transportation of Dangerous Goods Regulations before paragraph (a) is replaced by the following:

  (6) A tank referred to in subsection (5) is considered to have been tested in accordance with subsection 178.341-7 of clause 5.6 of CSA Preliminary Standard B620-1987, Highway Tanks and Portable Tanks for the Transportation of Dangerous Goods, dated October 1987 and amended February 1992, for the purposes of paragraph (5)(b), if the tank was tested at the time of manufacture

  COMING INTO FORCE

  3. These Regulations come into force on the day on which they are registered.

• Example 7: Order amending a schedule to an Act

  Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on September 29, 2001, a copy of the proposed Order Amending Schedule 1 to the Canadian Environmental Protection Act, 1999 (Miscellaneous Program), substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Order or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

  And whereas, pursuant to subsection 90(1) of that Act, the Governor in Council is satisfied that the substances set out in the annexed Order are toxic substances;

  Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 90(1) of the Canadian Environmental Protection Act, 1999, hereby makes the annexed Order Amending Schedule 1 to the Canadian Environmental Protection Act, 1999 (Miscellaneous Program).

  ORDER AMENDING SCHEDULE 1 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (MISCELLANEOUS PROGRAM)

  AMENDMENTS

  1. Item 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999 is replaced by the following:

  2. Dodecachloropentacyclo [5.3.0.0^2,6.0^3,9.0^4,8] decane (Mirex)

  2. Item 29 of Schedule 1 to the Act is replaced by the following:

  29. Benzidine and benzidine dihydrochloride, that have the molecular formula C₁₂H₁₂N₂ and C₁₂H₁₂N₂ .2HCl, respectively

  COMING INTO FORCE

  3. This Order comes into force on the day on which it is registered.

Part 4 – Table of contents