advice you can use — short and to the point — every Tuesday, Wednesday & Thursday

Wednesday, February 21st, 2018 technology  research  practice

A Research Tip

  • Research & Writing

Regulations generally come into force on either a date specified in the regulation itself or, if no date is specified, on the date that regulation was filed. (Note that this is not the case for Newfoundland, Prince Edward Island, or Québec.)

The coming into force provisions for a regulation are usually found in the Regulations Act (or equivalent) of a jurisdiction:

  • Federal: “Every enactment that is not expressed to come into force on a particular day shall be construed as coming into force … (b) in the case of a regulation, on the expiration of the day immediately before the day the regulation was registered pursuant to section 6 of the Statutory Instruments Act or, if the regulation is of a class that is exempted from the application of subsection 5(1) of that Act, on the expiration of the day immediately before the day the regulation was made.” (Interpretation Act, RSC 1985, c I-21, s 6(2))
  • Alberta: “Unless a later day is provided, a regulation comes into force on the day it is filed with the registrar and in no case does a regulation come into force before the day of filing.” (Regulations Act, RSA 2000, c R-14, s 2(2)).
  • British Columbia: “A regulation or portion of a regulation comes into force on the date of its deposit unless (a) a later date is specified in the regulation, or (b) an earlier date is specified in the regulation and the Act under which the regulation is made authorizes the regulation to come into force on an earlier date.” (Regulations Act, RSBC 1996, c 402, s 4(1))
  • Manitoba: The Statutes and Regulations Act, CCSM c S207, s 20
  • New Brunswick: “A regulation or any provision of a regulation comes into force on the day that it is filed with the Registrar unless (a) a later day is specified in the regulation, or (b) an earlier day is specified in the regulation and the Act under which the regulation is made authorizes the regulation to come into force on an earlier day.” (Regulations Act, RSNB 2011, c 218, s 3)
  • Newfoundland: “Unless another day is provided, subordinate legislation comes into force on the day it is published under section 11 but in no case does subordinate legislation come into force before the day of filing unless it is provided in the Act under the authority of which the subordinate legislation has been made or approved.” (Statutes and Subordinate Legislation Act, RSNL 1990, c S-27, s 10(2))
  • Northwest Territories: “A regulation or part of a regulation comes into force on the day on which it is registered unless (a) a later day is specified in the regulation, or (b) an earlier day is specified in the regulation and the Act under which the regulation is made authorizes the regulation to come into force on an earlier day, in which case the regulation comes into force on the later or earlier day, as the case may be.” (Statutory Instruments Act, RSNWT 1988, c S-13, s 8)
  • Nova Scotia: Regulations Act, RSNS 1989, c 393, s 3(6)
  • Nunavut: Statutory Instruments Act, RSNWT (Nu) 1988, c S-13, s 8
  • Ontario: “Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation comes into force on the day on which it is filed.” (Legislation Act, 2006, SO 2006, c 21, Sch F, s. 22(2))
  • Prince Edward island: ”Every regulation which is not expressed to come into force on a particular day comes into force on the day the regulation is published in the Gazette.” (Interpretation Act, RSPEI 1988, c I-8, s 3(4))
  • Québec: “A regulation comes into force 15 days after the date of its publication in the Gazette officielle du Québec or on any later date indicated in the regulation or in the Act under which it is made or approved.” (Regulations Act, CQLR c R-18.1, s 17)
  • Saskatchewan: “A regulation or part of a regulation comes into force on the date of its filing unless: (a) a later date is specified in the regulation; or (b) an earlier date is specified in the regulation and the Act pursuant to which the regulation is made authorizes the regulation to come into force on the earlier date.” (Regulations Act, SS 1995, c R-16.2, s 5)
  • Yukon: “Unless a later day is provided, a regulation shall come into force on the day it is filed with the registrar.” (Regulations Act, SY 2002, c195, s 2(2))

There are, of course, exceptions; for example in Alberta, section 1(2) of the Regulations Act lists legislation which is not considered to be a regulation for the purposes on the Act.

Susannah Tredwell

One comment on When Do Regulations Come Into Force?

  1. John G says:

    Are there not often rules that bar the enforcement of a regulation, or at least the imposition of a penalty for breach of a regulation, before the regulation has been officially published or otherwise brought to the notice of the person to be penalized?

Leave a Reply

Your email address will not be published. Required fields are marked *