"WITH ANY NECESSARY MODIFICATIONS"

When a particular word or expression used in a regulation is to be replaced by another word or expression by means of a global amendment, the expression "with any necessary modifications" is included in the amending formula. The use of this expression authorizes any amendment required to make the new word or expression fit the grammatical structure of the provisions into which it is inserted, e.g. putting it in the singular or plural, capitalizing it, or, in the French version, making gender agreements. The expression is used only if the replacements involve modifications. Sometimes they do not.

Example:

  5. Schedule IV to the Regulations is amended by replacing "walk-in van-type truck" with "walk-in van", with any necessary modifications, in the following provisions:

• (a) subsection 203(2);
• (b) paragraph 204(1)(a);
• (c) subsection 208(13); and
• (d) paragraph 212(1)(b).

The expression is also used to extend the scope of certain provisions while avoiding repetition.

Examples:

(5) The provisions of section 6 apply, with any necessary modifications, to an appeal under subsection (4).

  36. The provisions of this Part relating to motor vehicles apply, with any necessary modifications, to a bicycle or any cycle regardless of the number of wheels it may have.

The expression should be used with restraint in this type of case as it is not always clear what modifications will be required. The Standing Joint Committee for the Scrutiny of Regulations has expressed its reservation about the use of similar expressions. See the Justice Summaries of Substantive Legal Issues Identified by the SJCSR, record numbers 1995 (24-15) and 2000 (1-38).

Part 4 – Table of contents