TITLE OF REGULATIONS

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The title is an essential component of a regulation. It identifies the regulation, for which it serves as a sort of "label", and tells the reader the general content of the text. The title reflects an important purpose or aspect of the regulation. The title may also be used to interpret the regulation.^[1]

Unlike federal Acts, which generally have two titles (a short and a long one), regulations now have only one title. Note that in some provinces, including Quebec, British Columbia and Alberta, both Acts and regulations have only one title.

Drafting guidelines

Since the title of a regulation is very important, it should be chosen with great care. Finding a good title is not always an easy task. Here are some guidelines for the drafter:

• To the extent possible, the title should be short but complete, and simple but precise.

• It should employ terms that are used in the regulation.

• It should not mislead or create a false impression.

Form

A reference to the title of a regulation in orders in council and other executive orders, as well as in the body of the regulation, is in italics. The first letter of each word in the title is capitalized, except articles, conjunctions and prepositions that have fewer than five letters, unless they are placed at the beginning or at the end of the title. Note that the definite article that precedes the title of the regulation is not in italics, since it does not form part of the title.

Examples:

  5. The operator of an establishment shall submit the application in accordance with section 21 of the Pest Control Products Regulations.

  23. The Aircraft Regulations do not apply to airplanes to which these Regulations apply.

Drafting rules

As a rule, the first element of the title, which is followed by the word "Regulations", describes the subject matter.

Examples:

• Meat Inspection Regulations
• Medical Devices Regulations

In the case of amending regulations, the title begins with the words "Regulations Amending the", followed by the title of the regulations that are being amended.

Examples:

• Regulations Amending the Motor Vehicle Regulations
• Order Amending the Customs Duties Accelerated Reduction Order and Repealing the Duties Reimbursement Order
• Regulations Amending the Transportation of Dangerous Goods Regulations (Miscellaneous Program)

See MISCELLANEOUS AMENDMENT REGULATIONS for details on the titles of miscellaneous program regulations.

In some cases, other than in the context of miscellaneous amendment regulations, a regulation may amend more than one regulation made by the same regulation-making authority. This situation usually occurs if the amendments deal with the same subject; for example, the revocation of a right to appeal provided for in three separate regulations. It is recommended, in these cases, that the title refer to the common subject-matter to which the amendments relate.

Examples:

• Regulations Amending Certain Regulations Made by the Minister of Immigration (Revocation of the Right to Appeal)
• Regulations Amending Certain Regulations Made Under the Customs Tariff (Tobacco Advertising)
• Regulations Amending Certain Regulations Concerning the Shipping of Grain

If the amendments have no common subject-matter, it might be necessary to mention the titles of the regulations being amended. If more than two regulations are being amended, we recommend making a general reference to these regulations to avoid a lengthy title.

Examples:

• Regulations Amending the Meat Inspection Regulations and the Carcass Grading Regulations
• Regulations Amending Certain Regulations Made under the Customs Act

When a regulation-making authority makes a new regulation to replace an existing one, the fact that the existing regulation is being repealed or that the new regulation is making consequential amendments to another regulation is not mentioned in the title. The consequential amendment or provision repealing the existing regulation is placed at the end of the new regulation, generally before the coming-into-force provision (see AMENDING REGULATIONS).

The title of the new regulation need not be different from the title of the regulation being repealed, if it is determined that the existing title is the most appropriate one in the circumstances. For example, if the Medical Devices Regulations are being rewritten and replaced by a new regulation, the most appropriate title might still be the Medical Devices Regulations. There is no need to add a year to the title of the new regulation; however, in some instances that may be a useful means of distinguishing the new from the old. This will be determined in discussion with the client and considering the possibility for confusion between the old and the new texts.

In some cases, words like "defining" and "repealing" are used to describe the content of the regulation.

Examples:

• Order Repealing the Aircraft Inspection Regulations
• Regulations Defining Certain Expressions for the Purposes of the Customs Tariff

Exceptions

If voluminous regulations are amended frequently, it might be useful to add specific identifiers at the end of the title to avoid confusion, especially when persons are invited to submit their comments on a particular set of amendments.

This practice is followed in amendments to the Food and Drug Regulations and the Motor Vehicle Safety Regulations, where specific identifiers are inserted in brackets at the end of the titles. In the case of the Food and Drug Regulations, a sequential numbering system is used, which may be combined with a descriptive identifier. In the case of the Motor Vehicle Safety Regulations, the subject-matter to which the amendment relates is added at the end of the title.

Examples:

• Regulations Amending the Food and Drugs Regulations (1044)
• Regulations Amending the Food and Drug Regulations (1454 - Imazethapyr)
• Regulations Amending the Motor Vehicle Safety Regulations (Rearview Mirrors)

In other cases, it might be appropriate to add to the title a number, a year or both to avoid confusion, particularly in annual or periodical regulations.

Examples:

• Temporary Entry Remission Order, No. 44
• Special Appointment Regulations, No. 1996-18
• Prohibition of Entry on Certain Lands Order, No. 13 of 1996

Part 4 – Table of contents

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Footnote

• ^[1] See Pierre-André Côté, The Interpretation of Legislation in Canada, 3^rd ed. (Carswell, 2000) at 55-57; Ruth Sullivan, Sullivan and Driedger on the Construction of Statutes, 4^th ed. (Butterworths, 2002) at 290-295.