Regulations Act, R.S.O. 1990, c. R.21"

Regulations Act, R.S.O. 1990, c. R.21, Regulations Act

Regulations Act

R.S.O. 1990, CHAPTER R.21

Note: This Act was repealed on July 25, 2007. See: 2006, c. 21, Sched. F, ss. 134, 143 (1).

Amended by: 1999, c. 5, s. 5; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 18; 2002, c. 33, s. 149; 2006, c. 21, Sched. F, s. 134; 2006, c. 32, Sched. C, s. 55; 2006, c. 35, Sched. C, s. 117.

Definitions

1. In this Act,

“file” means file in the manner prescribed in section 2; (“déposer”)

“Minister” means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; (“ministre”)

“Registrar” means the Registrar of Regulations; (“registrateur”)

“regulation” means a regulation, rule, order or by-law of a legislative nature made or approved under an Act of the Legislature by the Lieutenant Governor in Council, a minister of the Crown, an official of the government or a board or commission all the members of which are appointed by the Lieutenant Governor in Council, but does not include,

(a) a by-law of a municipality or local board as defined in the Municipal Affairs Act,

(b) a regulation made under The Broker-Dealers Act, 1947, the Teaching Profession Act, section 78 of the Cemeteries Act or by an authority under section 30 of the Conservation Authorities Act, or a by-law of a hospital made under the Public Hospitals Act, or the constitution and by-laws of an association made under the Agricultural and Horticultural Organizations Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2002, chapter 33, section 149 by striking out “section 78 of the Cemeteries Act”. See: 2002, c. 33, ss. 149, 154.

(c) an order of the Ontario Municipal Board, other than an order prescribing the rules governing proceedings before the Board,

(d) an order, direction or designation of the Lieutenant Governor in Council under section 7, 29, 40, 41 or 42 of the Public Transportation and Highway Improvement Act or a designation by the Minister of Transportation under section 43 or 90 of that Act,

(e) a schedule of classifications for civil servants, including qualifications, duties and salaries prescribed under the Public Service Act, or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 117. See: 2006, c. 35, Sched. C, ss. 117, 137 (1).

(f) an order, approval, regulation, prescription, direction or instruction of the Minister of Intergovernmental Affairs or the Ministry of Intergovernmental Affairs that the Minister or the Ministry is empowered to give or make under the Municipal Act, 2001, under the City of Toronto Act, 2006 or under the Municipal Affairs Act. (“règlement”) R.S.O. 1990, c. R.21, s. 1; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 55.

Filing required

2. (1) Every regulation shall be filed with the Registrar together with a certificate of its making signed by the authority making it or a responsible officer thereof and, where approval is required, with a certificate of approval signed by the authority so approving or by a responsible officer thereof, except that in the case of a regulation made by a minister that does not require approval, no certificate is required. R.S.O. 1990, c. R.21, s. 2 (1); 2002, c. 18, Sched. A, s. 18 (1).

Original and copy

(1.1) The filing requirement in subsection (1) is satisfied if an original and a copy of the regulation and of each certificate are filed. 2002, c. 18, Sched. A, s. 18 (2).

Copy from Executive Council

(2) Where a regulation is made or approved by the Lieutenant Governor in Council, the filing with the Registrar of two copies of it certified to be true copies by the Clerk of the Executive Council shall be deemed to be compliance with this section. R.S.O. 1990, c. R.21, s. 2 (2); 2002, c. 18, Sched. A, s. 18 (3).

Commencement

3. Unless otherwise stated in it, a regulation comes into force and has effect on and after the day upon which it is filed. R.S.O. 1990, c. R.21, s. 3.

Failure to file

4. Except where otherwise provided, a regulation that is not filed has no effect. R.S.O. 1990, c. R.21, s. 4.

Publication

5. (1) Every regulation shall be published in The Ontario Gazette within one month of its filing. R.S.O. 1990, c. R.21, s. 5 (1).

Extension of time for publication

(2) The Minister may at any time by order extend the time for publication of a regulation and the order shall be published with the regulation. R.S.O. 1990, c. R.21, s. 5 (2).

Effect of non-publication

(3) A regulation that is not published is not effective against a person who has not had actual notice of it. R.S.O. 1990, c. R.21, s. 5 (3).

Effect of publication

(4) Publication of a regulation,

(a) is, in the absence of evidence to the contrary, proof of its text and of its making, its approval where required, and its filing; and

(b) shall be deemed to be notice of its contents to every person subject to it or affected by it,

and judicial notice shall be taken of it, of its contents and of its publication. R.S.O. 1990, c. R.21, s. 5 (4).

Powers of Minister

6. The Minister may,

(a) determine whether a regulation, rule, order or by-law is a regulation within the meaning of this Act and his or her decision is final;

(b) determine who shall be deemed responsible officers within the meaning of section 2; and

Registrar

7. (1) There shall be a Registrar of Regulations appointed by the Lieutenant Governor in Council who,

(a) is responsible for the numbering and indexing of all regulations filed in his or her office and for their publication; and

(b) shall exercise such powers and perform such duties as are vested in or imposed upon him or her by this Act, the regulations made hereunder, or the Minister. R.S.O. 1990, c. R.21, s. 7 (1).

Certificate of Registrar

(2) The Registrar may issue a certificate as to the filing of a regulation and every such certificate is, in the absence of evidence to the contrary, proof of the facts stated in it without any proof of appointment or signature. R.S.O. 1990, c. R.21, s. 7 (2).

Filing of maps or plans

(3) Where a map or plan,

(a) forms part of a regulation for the purpose of illustrating a description of land; and

(b) is identified in the regulation by a number given to it by the Registrar,

and the regulation states that the map or plan is filed in the office of the Registrar, the Registrar may in his or her discretion file the map or plan in his or her office in numerical order and no publication of the map or plan is necessary. R.S.O. 1990, c. R.21, s. 7 (3).

Numbering

8. Regulations shall be numbered in the order in which they are filed, and a new series shall be commenced each year. R.S.O. 1990, c. R.21, s. 8.

Citation

9. A regulation may be cited or referred to in English as “Ontario Regulation” or “O.Reg.” and in French as “Règlement de l’Ontario” or “Règl. de l’Ont.”, followed by its filing number, a virgule and the last two figures of the year of its filing. R.S.O. 1990, c. R.21, s. 9.

Regulations

10. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the powers and duties of the Registrar;

(b) prescribing the form, arrangement and scheme of regulations;

(d) providing for the preparation and publication of a consolidation or codification of regulations that have been filed, and for the preparation and publication of supplements thereto;

(e) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. R.21, s. 10 (1).

Consolidation, codification

(2) Publication of a regulation in a consolidation or codification or supplement thereto mentioned in clause (1)(d) shall be deemed publication within the meaning of this Act. R.S.O. 1990, c. R.21, s. 10 (2).

Defects not corrected

11. The filing or publication of a regulation under this Act does not have the effect of validating or correcting any such regulation that is otherwise invalid or defective in any respect or for any reason. R.S.O. 1990, c. R.21, s. 11.

Standing Committee

12. (1) At the commencement of each session of the Legislature a standing committee of the Assembly shall be appointed under this section, with authority to sit during the session. R.S.O. 1990, c. R.21, s. 12 (1); 1999, c. 5, s. 5 (1).

Regulations referred

(2) Every regulation stands permanently referred to the standing committee for the purposes of subsection (3). R.S.O. 1990, c. R.21, s. 12 (2); 1999, c. 5, s. 5 (2).

Terms of reference

(3) The standing committee shall examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power but without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, and shall deal with such other matters as are referred to it from time to time by the Assembly. R.S.O. 1990, c. R.21, s. 12 (3); 1999, c. 5, s. 5 (3).

Authority to call persons

(4) The standing committee may examine any member of the Executive Council or any public servant designated by any such member respecting any regulation made under an Act that is under his or her administration. R.S.O. 1990, c. R.21, s. 12 (4); 1999, c. 5, s. 5 (4).

Report

(5) The standing committee shall, from time to time, report to the Assembly its observations, opinions and recommendations. R.S.O. 1990, c. R.21, s. 12 (5); 1999, c. 5, s. 5 (5).