Statutory Instruments Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.S-13
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Aurora College Mandate Regulations, s.3
- Beverage Container Regulations, s.30
- Children's Law Act, s.85
- Coroners Act, s.5
- Deline Final Self-Government Agreement Act, s.8
- Emergency Management Act, s.15
- Financial Administration Act, s.21
- Financial Administration Act, s.138
- Government Contract Regulations, s.18
- Hospital Insurance and Health and Social Services Administration Act, s.1
- Income Tax Act, s.33
- Interpretation Act, s.4
- Land Titles Act, s.29
- Legal Aid Act, s.22
- Medical Care Regulations, s.9
- Mine Health and Safety Act, s.46
- Motor Vehicles Act, s.350
- Northwest Territories Intergovernmental Agreement on Lands and Resources Management Act, s.5
- Northwest Territories Lands Act, s.20
- Nursing Profession Act, s.20
- Oil and Gas Operations Act, s.5
- Oil and Gas Operations Act, s.18
- Oil and Gas Operations Act, s.124
- Payroll Tax Act, s.38
- Petroleum Products and Carbon Tax Act, s.20.1
- Petroleum Resources Act, s.96
- Petroleum Resources Act, s.97
- Practice of Engineering, Geoscience and Applied Science Technology Act, s.76 → #sec_1__subsec_1
- Professional Corporations Act, s.16
- Programs, Projects and Services Continuation Regulations, s.26
- Protected Areas Act, s.12
- Public Library Act, s.7
- Public Printing Regulations, s.3
- Public Printing Regulations, s.6
- Risk Capital Investment Tax Credits Act, s.86
- Risk Capital Investment Tax Credits Act, s.86 → #sec_8
- Rules of the Law Society of the Northwest Territories Exemption Regulations, s.1 → #sec_9__subsec_1
- Securities Act, s.174
- Social Assistance Act, s.17
- Social Assistance Act, s.17
- Social Work Profession Act, s.33
- Species at Risk (NWT) Act, s.15
- Species at Risk (NWT) Act, s.22
- Statistics Act, s.6
- Statutory Instruments Regulations, s.1
- Statutory Instruments Regulations, s.2 → #sec_9
- Statutory Instruments Regulations, s.4 → #sec_15
- Statutory Instruments Regulations, s.4 → #sec_12__para_b
- Surface Rights Board Act, s.92
- Territorial Court Act, s.31.1
- Tlicho Community Services Agency Act, s.23
- Tobacco Tax Act, s.20.2
- Tobacco Tax Act, s.28.1
- Tobacco Tax Act, s.28.1
- Transportation of Dangerous Goods Act, s.64
- United Nations Declaration on the Rights of Indigenous Peoples Implementation Act, s.16
- Waters Act, s.25
- Waters Act, s.26
- Workers' Compensation Act, s.170
- Workers' Compensation Act, s.170
Definitions
1.(1) In this Act,
"Deputy Minister" means the Deputy Minister of the Department of Justice; (sous-ministre)
"local authority" means
(a) a municipal council, and
(b) a District Education Authority or a Divisional Education Council, as defined in the Education Act; (administration locale)
"Registrar" means the Registrar of Regulations appointed under subsection 18(1); (registraire)
"regulation" means a regulation, order, form, rule, rule of court or tariff of charges or fees enacted in the execution of a power conferred by or under the authority of an enactment, but does not include
(a) an order of a court made in the course of an action, or
(b) an order made by a public officer or administrative tribunal in a matter or proceeding between two or more persons; (règlement)
"regulation-making authority" means an authority authorized to make regulations and, with reference to a particular regulation or proposed regulation, means the authority that made or proposes to make the regulation; (autorité réglementante)
"statutory instrument" means any rule, order, regulation, direction, form, tariff of costs or fees, commission, warrant, proclamation, bylaw, resolution or other instrument issued, made or established
(a) in the execution of a power conferred by or under an Act, by or under which such instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which such instrument relates, or
(b) by or under the authority of the Commissioner,
but does not include
(c) any such instrument issued, made or established by a corporation incorporated by or under an Act unless the instrument is a regulation and the corporation by which it is made is one that is ultimately accountable through the Commissioner to the Legislative Assembly for the conduct of its affairs,
(d) any such instrument issued, made or established by a judicial or quasi-judicial body, unless the instrument is a rule, order or regulation governing the practice or procedure in proceedings before a judicial or quasi-judicial body established by or under an Act, or
(e) any such instrument in respect of which, or in respect of the production or other disclosure of which, any privilege exists by law or whose contents are limited to advice or information intended only for use or assistance in the making of a decision or the determination of policy, or in the ascertainment of any matter necessarily incidental to that. (texte réglementaire)
(2) In applying the definition of "regulation" in subsection (1) for the purpose of determining whether an instrument described in paragraph (c) of the definition of "statutory instrument" in subsection (1) is a regulation, the instrument shall be deemed to be a statutory instrument, and any instrument accordingly determined to be a regulation shall be deemed to be a regulation for all purposes of this Act. SNWT 1995,c.28,s.162.
EXAMINATION OF
PROPOSED REGULATIONS
Application
2.(1) Paragraph (3)(d) does not apply to any proposed rules, order or regulation governing the practice or procedure in any court having jurisdiction in the Territories.
(2) Where a regulation-making authority proposes to make a regulation, it shall cause the regulation to be forwarded in duplicate to the Registrar.
(3) On receipt by the Registrar of copies of the proposed regulation under subsection (2), the Registrar, in consultation with the Deputy Minister, shall examine the proposed regulation to ensure that
(a) it is authorized by the Act under which it is to be made;
(b) it does not constitute an unusual or unexpected use of the authority under which it is to be made;
(b.1) it is consistent with the Declaration as defined in subsection 1(1) of the United Nations Declaration on the Rights of Indigenous Peoples Implementation Act and the rights recognized and affirmed under section 35 of the Constitution Act, 1982;
(c) it does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Canadian Bill of Rights; and
(d) the form and drafting of the proposed regulation are in accordance with established standards.
(4) When a proposed regulation has been examined as required by subsection (3), the Registrar shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in paragraphs (3)(a) to (d) to which, in the opinion of the Deputy Minister, based on such examination, the attention of the regulation-making authority should be drawn.
(5) The results of an examination completed under paragraph (3)(b.1) must be made publicly available on a website readily available to the public. SNWT 2023,c.36,s.16.
Where doubt as to nature of
3.Where
(a) a regulation-making authority,
(b) an authority, other than a regulation- making authority, responsible for the issue, making or establishment of a statutory instrument, or
(c) a person acting on behalf of an authority referred to in paragraph (a) or (b),
is uncertain as to whether a proposed statutory instrument would be a regulation if it were issued, made or established by that authority, that authority shall cause a copy of the proposed statutory instrument to be forwarded to the Deputy Minister who shall determine whether the instrument would be a regulation if it were issued, made or established. TRANSMISSION AND REGISTRATION
Transmission of regulations and statutory
4.Every regulation-making authority shall, within seven days after making
(a) a regulation, or
(b) a statutory instrument that has not been exempted from publication in the Northwest Territories Gazette under paragraph 19(b),
transmit the regulation or statutory instrument or a certified true copy of it to the Registrar for registration under section 5.
Registration of regulations and statutory instruments
5.(1) Subject to subsection (2), the Registrar shall register every regulation and statutory instrument transmitted to the Registrar under section 4.
(2) The Registrar may refuse to register any statutory instrument transmitted or forwarded to the Registrar for registration under this Act if in the opinion of the Registrar the instrument was, before it was issued, made or established, a proposed regulation to which subsection 2(2) applied and was not examined in accordance with subsection 2(3).
POWER TO REPEAL REGULATIONS
Repeal of regulations by Commissioner
6.No regulation is invalid by reason only that it was not examined in accordance with subsection 2(3), but where any statutory instrument that was issued, made or established without having been so examined
(a) was, before it was issued, made or established, determined by the Deputy Minister to be one that would, if it were issued, made or established, be a regulation, or
(b) has, since its issue, making or establishment, been determined by the Deputy Minister to be a regulation,
the Commissioner may, notwithstanding the Act by or under the authority of which the instrument was or purports to have been issued, made or established, repeal the instrument in whole or in part and, on repeal, cause the regulation-making authority by which it was issued, made or established to be notified in writing of the repeal.
COMMENCEMENT OF
STATUTORY INSTRUMENTS
Application
7.(1) Subsection (2) does not apply to regulations.
(2) A statutory instrument comes into force on the day on which it is registered unless a later day is specified in the statutory instrument, in which case it comes into force on that later day.
Commence- ment of regulations
8.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.
PUBLICATION
Requirement to publish
9.(1) Subject to any regulations made under paragraph 19(a) or 19(b), every statutory instrument shall be published in the Northwest Territories Gazette within three months after being registered under section 5.
(2) Notwithstanding subsection (1), where a regulation contains or has attached to it a map, plan or drawing, the Registrar may file the map, plan or drawing in numerical order and make it available for public inspection during reasonable hours and the map, plan or drawing is exempt from publication in the Northwest Territories Gazette.
(3) Where the Commissioner has by regulation adopted a code of rules or standards to be in force in the Territories, either in whole or in part or with such variations as may be specified in the regulation,
(a) a reference in the regulation to the adopted code shall be sufficient publication of the adopted code for the purposes of this section; and
(b) the adopted code shall be judicially noticed.
Conviction under unpublished regulation
10.No statutory instrument that is required to be published in the Northwest Territories Gazette is invalid by reason only that it was not published in the Northwest Territories Gazette, but no person shall be convicted of an offence consisting of a contravention of a regulation that at the time of the alleged contravention was not published in the Northwest Territories Gazette unless
(a) the regulation
(i) was exempted from the application of subsection 9(1) under paragraph 19(a), or
(ii) expressly provides that it applies according to its terms before it is published in the Northwest Territories Gazette; and
(b) it is shown that, at the date of the alleged contravention, reasonable steps had been taken to bring the purport of the regulation to the notice of those persons likely to be affected by it.
DISTRIBUTION OF NORTHWEST TERRITORIES GAZETTE
Repealed, SNWT 1997,c.8,s.32.
Distribution of Northwest
12.Copies of the Northwest Territories Gazette
(a) shall be delivered without charge to such persons or classes of persons as may be prescribed; and
(b) may be sold to any person on payment of the prescribed fee.
JUDICIAL NOTICE OF
STATUTORY INSTRUMENTS
Publication in Northwest Territories Gazette
13.(1) A statutory instrument that has been published in the Northwest Territories Gazette shall be judicially noticed.
(2) In addition to any other manner of proving the existence or contents of a statutory instrument, evidence of the existence or contents of a statutory instrument may be given by the production of a copy of the Northwest Territories Gazette purporting to contain the text of the statutory instrument.
(3) For the purposes of this section, where a regulation is included in a copy of a consolidation of regulations purporting to be printed by the Territorial Printer, that regulation shall be deemed to have been published in the Northwest Territories Gazette.
(4) Any regulation, statutory instrument or non- statutory instrument, certified by the Registrar to be a true copy of the regulation, statutory instrument or non-statutory instrument shall be judicially noticed.
(5) A certified copy of any regulation, statutory instrument or non-statutory instrument may be obtained from the Registrar on request and payment of the prescribed fee.
RIGHT OF ACCESS TO
STATUTORY INSTRUMENTS
Inspection of statutory instruments
14.Subject to any other Act, a person may, on payment of the prescribed fee, inspect
(a) any statutory instrument that has been registered by the Registrar, by attending at the office of the Registrar or at such other place as may be designated by the Registrar, and requesting that the statutory instrument be produced for inspection; or
(b) any statutory instrument that has not been registered by the Registrar, by attending at the head or central office of the authority that made the statutory instrument or at such place as may be designated by the authority, and requesting that the statutory instrument be produced for inspection.
Copies of statutory instruments
15.Subject to any other Act, a person may, on payment of the prescribed fee, obtain copies of
(a) any statutory instrument that has been registered by the Registrar, by writing to the Registrar or by attending at the office of the Registrar or at such other place as may be designated by the Registrar, and requesting that a copy of the statutory instrument be provided; or
(b) any statutory instrument that has not been registered by the Registrar, by writing to the authority that made the statutory instrument or by attending at the head or central office of the authority or at such other place as may be designated by the authority, and requesting that a copy of the statutory instrument be provided.
INDEXES
Annual consolidated index of
16.(1) The Registrar shall prepare and the Territorial Printer shall publish annually a consolidated index of
(a) all regulations contained or referred to in the last preceding consolidation of the regulations; and
(b) all regulations and amendments to regulations made or registered since the last preceding consolidation was made, other than any regulation that is exempted from the application of subsection 9(1) as a regulation described in paragraph 19(a).
(2) The Registrar shall prepare and the Territorial Printer shall publish an annual index of all documents, other than regulations, that have been published in the Northwest Territories Gazette during the year preceding the year in which the index is published. SNWT 1995,c.11,s.58.
CONSOLIDATION AND REVISION
OF REGULATIONS
Consolidation or revision of regulations
17.(1) The Commissioner may cause statutory instruments to be examined by the Registrar for the purposes of consolidation or revision.
(2) In the course of an examination under subsection (1), the Registrar may
(a) number and arrange the statutory instruments;
(b) correct any clerical, grammatical or typographical errors in the statutory instruments;
(c) omit any statutory instruments that are obsolete or spent; and
(d) revise and alter the language of the statutory instruments to bring the statutory instruments into conformity with the Acts under which they were enacted, without changing the substance of the statutory instruments.
(3) Where an examination has been completed to the satisfaction of the Commissioner, the Commissioner may cause a printed roll of the consolidation or revision, attested to by the signature of the Commissioner and that of the Clerk of the Legislative Assembly, to be deposited in the office of the Clerk, and the roll shall be held to be the original of the consolidated or revised statutory instruments.
(3.1) The roll referred to in subsection (3) shall include
(a) a Schedule A that sets out the statutory instruments or parts of statutory instruments that are repealed in whole or in part on the coming into force of the consolidation or revision and that are included as consolidated or revised statutory instruments in the consolidation or revision; and
(b) a Schedule B that sets out the statutory instruments or parts of statutory instruments that are repealed in whole or in part on the coming into force of the consolidation or revision and that are not included in the consolidation or revision because the statutory instruments are obsolete or spent.
(4) Where a roll has been deposited under subsection (3), the consolidation or revision shall be judicially noticed.
(5) Notwithstanding the provisions of this Act, after the deposit of the roll under subsection (3), the Commissioner may by order declare the day on which the roll will come into force and have effect as law, and the name by which and the way in which the consolidation or revision may be cited.
(6) On the day referred to in subsection (5) in respect of any roll, the statutory instruments and parts of statutory instruments set out in Schedules A and B to the roll are repealed to the extent mentioned in the Schedules.
(7) On the day referred to in subsection (5) in respect of any roll, the statutory instruments included in that roll come into force and have effect as law as part of the consolidation or revision to all intents as if each statutory instrument had been made by the appropriate authority authorized to make the statutory instrument and all the requirements had been complied with for the making of each statutory instrument. RSNWT 1988,c.49(Supp.),s.2,3,4,5,6.
REGISTRAR
Appointment of Registrar
18.(1) A Registrar of Regulations shall be appointed by the Commissioner.
(2) The Registrar may exercise the powers and shall perform the duties conferred or imposed on the Registrar by this Act or the regulations.
REGULATIONS
Regulations
19.The Commissioner, on the recommendation of the Minister, may make regulations
(a) subject to any other Act, exempting from the application of subsection 9(1) any regulation or class of regulation where the Commissioner is satisfied that
(i) the regulation or class of regulation affects or is likely to affect only a limited number of persons, and
(ii) reasonable steps have been or will be taken for the purpose of bringing the purport of the regulation or the regulation in the class of regulation to the notice of those persons affected or likely to be affected by it;
(b) exempting from publication in the Northwest Territories Gazette any statutory instrument or class of statutory instrument other than a regulation;
(c) prescribing the manner in which a regulation-making authority shall transmit copies of a regulation to the Registrar;
(d) prescribing the form and manner in which any statutory instrument shall be registered and the form and manner in which and the period of time for which records of any statutory instrument shall be maintained;
(e) requiring any regulation-making authority to forward to the Registrar such information relating to any regulations made by it that are exempted from the application of subsection 9(1) as will enable the Registrar to carry out the obligation imposed on the Registrar by subsection 16(1);
(f) respecting the form and manner in which any index of statutory instruments shall be prepared and published;
(g) prescribing the fee that shall be paid by any person for any inspection of a statutory instrument or for obtaining a copy of a statutory instrument or the manner in which such fee shall be determined;
(h) prescribing the way in which regulations, statutory instruments and non-statutory instruments may be cited or numbered;
(i) prescribing forms and fixing fees to be charged under this Act; and
(j) generally for the due enforcement and carrying into effect of this Act.