Guide to Making Federal Acts and Regulations
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
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.
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.
This table sets out what is involved in bringing an Act into force.
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Step |
Activities and Products |
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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. |
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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. |
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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. |
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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) |
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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. |
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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. |
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Implementation |
These activities are specific to each department and each legislative initiative. |