Bill S-2 · 41th Parliament · Stephen Harper
Incorporation by Reference in Regulations Act
An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations
Government bill. Became law.
- IntroducedOct. 21, 2013
- Debated in principleMarch 3, 2014
- Studied by a committeeDone
- Passed its first chamberApril 8, 2014
- Passed the second chamberJune 18, 2015
- Became lawJune 17, 2015
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Linda FrumSenate · Sponsor in the Senate
- Bob DechertDefends the bill as providing needed guidelines and parameters for a long-standing practice.
- Dan AlbasPraises the bill for creating greater certainty and assisting regulators with incorporation by reference.
- Erin O'TooleCalls the bill important for modernizing legislative and regulatory regimes.
- Joy Smithpraises the bill for providing a clear framework for incorporation by reference already in use
- Robert GoguenDescribes how incorporation by reference assists regulators with expertise and standards.
- David WellsSenate · SenatorThe bill settles debate on ambulatory incorporation by reference, imposes an accessibility obligation, and provides flexibility and safeguards for modern regulation.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 22 October 2013, the Leader of the Government in the Senate introduced Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations (Incorporation by Reference in Regulations Act) in the Senate and it was given first reading. Bill S-2 amends the Statutory Instruments Act to provide for the express power to incorporate by reference in regulations. It imposes an obligation on regulation-making authorities to ensure that a document, index, rate or number that is incorporated by reference is accessible. It also provides that a person is not liable to be found guilty of an offence or subjected to an administrative sanction for a contravention relating to a document, index, rate or number that is incorporated by reference unless certain requirements in relation to accessibility are met. Finally, it makes consequential amendments to the Statutory Instruments Regulations.
Summary by the Library of Parliament.
Where members stand
Final recorded vote · Failed
How it changed on the way
66% of the text as introduced was changed or removed by the time it became law (1,221 words introduced, 1,186 passed).
minor changeintent kept
The bill passed with only formal and procedural updates between introduction and royal assent. No changes were made to the substantive provisions on incorporation by reference.
- Updated session years, added chapter number and assent date in the header.
Before: “Second Session, Forty-first Parliament, 62 Elizabeth II, 2013 SENATE OF CANADA BILL S-2”
After: “Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 STATUTES OF CANADA 2015 CHAPTER 33”
How precisely it is written
mixedChallenging the law: HardDisputing a charge: Moderate
The bill sets clear rules on when incorporation by reference is allowed and bars liability unless the material was accessible. It leaves the key term 'accessible' undefined and gives ministers broad duties to ensure access.
Open to argument
“The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible.”
Uses an undefined standard that invites argument over what counts as accessible.“or it was otherwise accessible to that person.”
Subjective test that depends on individual circumstances rather than an objective rule.“in the absence of evidence to the contrary, presumed to be authentic and proof of the matters set out in those statements”
Leaves room for prolonged disputes about what evidence rebuts the presumption.
Clear-cut
“the power to make a regulation includes the power to incorporate in it by reference a document — or a part of a document — as it exists on a particular date or as it is amended from time to time.”
States exactly what may be incorporated and whether static or ambulatory versions are permitted.“contains only elements that are incidental to or elaborate on the rules set out in the regulation and is incorporated as it exists on a particular date”
Lists narrow, objective conditions under which a self-produced document may be incorporated.
Discretion. Ministers accountable for the regulation must decide how to make incorporated material accessible and may issue certificates that create presumptions about access.
Challenging the law itself. The accessibility rule is procedural and the Act attempts to avoid vagueness challenges under section 7 of the Charter by tying liability to actual access.
Disputing a charge under it. An accused can argue the material was not sufficiently accessible, but the certificate presumption and 'otherwise accessible' clause narrow the scope of that dispute.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.