NOTICE OF PREPUBLICATION

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Most proposed regulations are prepublished in the Canada Gazette, Part I.

They are prepublished either under the Government policy on prepublication ("administrative prepublication") or under a requirement of the enabling Act ("statutory prepublication"). A notice of prepublication accompanies every proposed regulation that is prepublished.

Notices of prepublication are examined and stamped (See PUBLICATION, item 6 in Part 2), together with the regulations, by the appropriate regulations section.

Prepublication notices generally follow a standard format. Their content, however, is left to the discretion of the regulation-making authority. In the past, a paragraph was sometimes included with regard to the disclosure of representations under the Access to Information Act. The inclusion of that paragraph is now discouraged because it could be misleading as to the effect of that Act.

The period within which representations may be made is usually 30 days, unless it is specified in the enabling Act. The period for technical regulations affecting trade should be at least 75 days in order to allow Canada to fulfil its obligation of notification under various trade agreements, such as the World Trade Organization's Agreement on Technical Barriers to Trade and its Agreement on the Application of Sanitary and Phytosanitary Measures. In some cases, the Treasury Board may approve an exemption from administrative prepublication or may allow a shorter administrative prepublication period, such as 15 days rather than 30 days.

Notices of prepublication relating to regulations to be made by the Governor in Council are signed by the Assistant Clerk of the Privy Council. In the case of regulations to be made by a Minister or another regulation-making authority, the notice of prepublication is signed by that Minister or that authority, except that if the approval of the Governor in Council is required, the Assistant Clerk of the Privy Council signs the notice.

References in the French version of notices of prepublication to the time period within which representations may be made should appear in letters rather than numbers.^[1] (See Guide fédéral de jurilinguistique législative française, representation des nombres )

If clients wish to provide their telephone and fax numbers and e-mail address, they should indicate them as shown in Examples 3 and 4.

Example 1: Fisheries Act - Administrative prepublication

  Notice is hereby given that the Governor in Council, pursuant to section 43^a of the Fisheries Act ^b, proposes to make the annexed Regulations Amending the Atlantic Fishery Regulations, 1985.

  Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Rick Young, Maritimes Region, Fisheries and Oceans Canada, P.O. Box 1035, 176 Portland Street, Dartmouth, Nova Scotia B2Y 4T3 (tel.: 902-426-2473; fax: 902-426-5010).

Ottawa, April 4, 2007

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• ^a S.C. 1991, c. 1, s. 12
• ^b R.S., c. F-14

Example 2: Nuclear Safety and Control Act - Administrative prepublication

  Notice is hereby given that the Canadian Nuclear Safety Commission, pursuant to subsection 44(1)^a of the Nuclear Safety and Control Act^b and subject to the approval of the Governor in Council, proposes to make the annexed Regulations Amending the Nuclear Security Regulations.

  Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mark Dallaire, Director of Regulatory Affairs Division, Canadian Nuclear Safety Commission, P.O. Box 1046, Station B, 280 Slater Street, Ottawa, Ontario K1P 5S9.

Ottawa, May 30, 2007

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• ^a S.C. 2001, c. 34, s. 61
• ^b S.C. 1997, c. 9

[Note: In Example 2, the words "and subject to the approval of the Governor in Council" are optional.]

Example 3: Canadian Environmental Assessment Act - Administrative prepublication

  Notice is hereby given that the Minister of the Environment proposes, pursuant to paragraph 58(1)(i)^a of the Canadian Environmental Assessment Act^b, to make the annexed Regulations Amending the Comprehensive Study List Regulations.

  Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to John D. Smith, Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency, 160 Elgin Street, 22nd Floor, Ottawa, Ontario K1A 0H3 (tel.: 613-948-1942; fax: 613-957‑0897; e‑mail: john.smith@ceaa-acee.gc.ca).

Ottawa, March 11, 2005

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• ^a S.C. 2003, c. 9, s. 28(1)
• ^b S.C. 1992, c. 37

Example 4: Aeronautics Act - Statutory prepublication

  Notice is hereby given, pursuant to section 5.5^a of the Aeronautics Act ^b, that the Governor in Council, pursuant to section 5.4^c of that Act, proposes to make the annexed Region of Waterloo International Airport Zoning Regulations.

  Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to David Bayliss, Regional Manager, Aerodrome Safety, Transport Canada, 4900 Yonge Street, Suite 400, Toronto, Ontario M2N 6A5 (tel.: 416-952-0248; fax: 416-952‑0050; e‑mail: baylisd@tc.gc.ca).

Ottawa, May 2, 2007

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• ^a R.S., c. 33 (1^st Supp.), s. 1
• ^b R.S., c. A-2
• ^c S.C. 1992, c. 4, s. 10

Example 5: Pilotage Act - Statutory prepublication

  Notice is hereby given, pursuant to subsection 34(1)^a of the Pilotage Act^b, that the Great Lakes Pilotage Authority, pursuant to subsection 33(1)^c of that Act, proposes to make the annexed Regulations Amending the Great Lakes Pilotage Tariff Regulations.

  Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act^d, may file a notice of objection setting out the grounds for the objection with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Canadian Transportation Agency, Ottawa, Ontario K1A 0N9.

Cornwall, May 10, 2005

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• ^a S.C. 1998, c. 10, s. 150
• ^b R.S., c. P-14
• ^c S.C., 1998, c. 10, s. 149
• ^d S.C. 1996, c. 10

Example 6: Canadian Environmental Protection Act, 1999 - Statutory prepublication

  Notice is hereby given, pursuant to subsection 332(1)^a of the Canadian Environmental Protection Act, 1999^b, that the Governor in Council proposes, pursuant to subsection 93(1) of that Act, to make the annexed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2007 (2-Methoxyethanol, Pentachlorobenzene and Tetrachlorobenzenes).

  Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Director, Chemicals Control Branch, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

  A person who provides the Minister of the Environment with information may also submit a request for confidentiality under section 313 of that Act.

Ottawa, June 27, 2007

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• ^a S.C. 2004, c. 15, s. 31
• ^b S.C. 1999, c. 33

Example 7: Canada Post Corporation Act - Statutory prepublication

  Notice is hereby given, pursuant to subsection 20(1) of the Canada Post Corporation Act^a, that the Canada Post Corporation, pursuant to subsection 19(1)^b of that Act, proposes to make the annexed Regulations Amending the International Letter-post Items Regulations.

  Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Honourable Alfonso Gagliano, Minister of Public Works and Government Services, Centre Block, Room 435-S, House of Commons, Ottawa, Ontario K1A 0A6.

Canada Post Corporation

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• ^a R.S., c. C-10
• ^b S.C. 1992, c. 1, s. 34

Part 4 – Table of contents

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Footnote

• ^[1] Drafting Advisory N^o. 1999-1