|
Guide to Making Federal Acts and Regulations
Chapter 2.5 -
Coming into Force
Overview
This section supplements section 6 of the "Cabinet Directive on
Law-making." It discusses how and when Acts come into force.
In this Chapter
- Coming into Force of Acts
- Activities and Products for Bringing an Act into Force
Audience
Officials responsible for the general administration of the Act or
for preparing orders in council required to bring it into force or
regulations necessary for its operation.
Key Messages
Bringing an Act into force is a critical step in its implementation
and requires careful consideration and planning.
Coming into Force of Acts
On Royal Assent, a statute has the force of law unless it provides
otherwise. Quite frequently, a statute provides that it, or any of its
provisions, comes into force on a day or days to be fixed by order of
the Governor in Council. This order is prepared by officials in the
department that administers the Act and is submitted to the Special
Committee of Council by the responsible Minister. If approved, the
order is sent to the Governor General for signature and published in
the Canada Gazette. A draft order should be submitted for
approval well in advance of the day or days that it proposes for
provisions to come into force.
Activities and Products for Bringing an Act into
Force
This table sets out what is involved in bringing an Act into force.
|
Step |
Activities and Products |
|
Determine when the Act comes into force |
An Act comes into force on Royal Assent, unless it says otherwise. If
the Act says that it comes into force on a date to be fixed by the
Governor in Council, determine what that date should be. This involves
assessing whether any regulations or administrative arrangements are
needed for the Act to operate. Coming into force dates cannot be
established until these matters are settled. |
|
Prepare draft order in council to bring Act into force |
If the Act comes into force on a date fixed by the Governor in Council,
prepare a draft of the necessary order in council with the assistance of
the departmental legal adviser. |
|
Send draft order in council to Minister for recommendation |
Orders in council must be recommended by a Minister before they can be
considered by the Cabinet. |
|
Send the draft order in council to PCO |
Send the draft order in council with the Minister’s recommendation to
the Assistant Clerk of the Privy Council (Orders in Council) |
|
Statutory requirement for tabling |
Notify parliamentary relations officials of any statutory requirements
for tabling reports or other material in Parliament once a bill comes into
force. Ensure that they follow up on these requirements. |
|
Regulations and other delegated legislation or directives |
Essential elements of a legislative scheme are sometimes provided by
regulations or other delegated legislation or directives. Without them,
the scheme cannot operate. |
|
Implementation
|
These activities are specific to each department and each legislative
initiative.
|
Next
Table
of Contents
|
|
|
