r-18.1 - Regulations Act

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter R-18.1

Regulations Act

DIVISION I INTERPRETATION AND APPLICATION

1. In this Act,

“proposed regulation” means the text which an authority proposes to make as a regulation, where no approval by any other authority is required by law, or, where such approval is so required, the text which must be submitted for approval;

“regulation” means a normative instrument of a general and impersonal nature, made under an Act and having force of law when it is in effect.

1986, c. 22, s. 1.

2. This Act applies to every proposed regulation or proposed by-law and to every regulation or by-law that may be made or approved by the Government, the Conseil du trésor, a minister or an agency the majority of whose members are appointed by the Government or a minister, whose staff must, by law, be appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1), or at least one-half of whose capital stock forms part of the domain of the State.

1986, c. 22, s. 2; 1999, c. 40, s. 256.

3. This Act does not apply to

(1)  proposed regulations or by-laws or regulations or by-laws regulating internal management, the exercise of borrowing powers or the management of human resources, including all conditions of employment of employees appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1) and those of the staff of the institutions or agencies referred to in paragraphs 3, 3.1 and 4 and in section 2;

(2)  proposed by-laws or the by-laws of municipalities or of an agency which may make by-laws in the place of the municipalities, or of agencies of such municipalities, or of supramunicipal bodies within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3), or of the Kativik Regional Government;

(3)  proposed by-laws or the by-laws of school boards, or of general and vocational colleges, or of the agencies established pursuant to the Act respecting the Université du Québec (chapter U-1);

Not in force

(3.0.1)  draft by-laws or by-laws of the Conservatoire de musique et d’art dramatique du Québec;

(3.1)  draft regulations or the regulations of institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), or of regional health and social services boards established under that Act;

(4)  proposed regulations or by-laws or the regulations or by-laws of institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5), or of regional health and social service councils established under that Act;

(5)  proposed rules of practice or the rules of practice of the courts of justice;

(6)  such proposed regulations or regulations as the Government may determine by order.

1986, c. 22, s. 3; 1988, c. 85, s. 98; 1992, c. 21, s. 297, s. 375; 1992, c. 57, s. 691; 1994, c. 2, s. 80; 1994, c. 23, s. 23.

DIVISION II EXAMINATION OF PROPOSED REGULATIONS

4. Every proposed regulation shall be transmitted for examination, by the authority proposing to make it or, in the case of a text to be submitted for approval, by the authority that must approve it, to the Minister of Justice or a person designated by him.

1986, c. 22, s. 4.

5. The examination shall be made to ensure that the proposed regulation

(1)  is authorized by the Act under which it is proposed;

(2)  is in harmony with the existing Acts and regulations;

(3)  is juridically appropriate to the object pursued;

(4)  is coherent;

(5)  meets the standards of draftsmanship.

1986, c. 22, s. 5.

6. Following the examination of the proposed regulation, a substantiated opinion shall be given to the authority that transmitted it.

1986, c. 22, s. 6.

7. If the proposed regulation on which an opinion has been given is subsequently amended otherwise than as recommended in the opinion, it shall be returned for examination.

1986, c. 22, s. 7.

DIVISION III PUBLICATION OF PROPOSED REGULATIONS

8. Every proposed regulation shall be published in the Gazette officielle du Québec.

1986, c. 22, s. 8.

9. Section 8 does not require the publication in the Gazette officielle du Québec of any text referred to in a proposed regulation.

1986, c. 22, s. 9.

10. Every proposed regulation published in the Gazette officielle du Québec shall be accompanied with a notice stating, in particular, the period within which no proposed regulation may be made or submitted for approval but within which interested persons may transmit their comments to a person designated in the notice.

1986, c. 22, s. 10.

11. No proposed regulation may be made or submitted for approval before the expiry of 45 days from its publication in the Gazette officielle du Québec, or before the expiry of the period indicated in the notice accompanying it or in the Act under which the proposed regulation may be made or approved, where the notice or the Act provides for a longer period.

1986, c. 22, s. 11.

12. A proposed regulation may be made or approved at the expiry of a shorter period than the period applicable to it, or without having been published, if the authority making or approving it is of the opinion that a reason provided for in the Act under which the proposed regulation may be made or approved, or one of the following circumstances, warrants it:

(1)  the urgency of the situation requires it;

(2)  the proposed regulation is designed to establish, amend or repeal norms of a fiscal nature.

1986, c. 22, s. 12.

13. The reason justifying a shorter publication period shall be published with the proposed regulation, and the reason justifying the absence of such publication shall be published with the regulation.

1986, c. 22, s. 13.

14. A proposed regulation may be amended after its publication without being published a second time.

1986, c. 22, s. 14.

DIVISION IV PUBLICATION AND COMING INTO FORCE OF REGULATIONS

15. Every regulation shall be published in the Gazette officielle du Québec.

1986, c. 22, s. 15.

16. Section 15 does not require the publication in the Gazette officielle du Québec of any text referred to in a regulation.

No person may be convicted of an offence under a text that has not been published in the Gazette officielle du Québec and that is referred to by a regulation unless it is proved that the text has been published otherwise and that the persons to whom the text may be applicable were in a position to acquaint themselves with it before the offence was committed.

1986, c. 22, s. 16.

17. 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.

1986, c. 22, s. 17.

18. A regulation may come into force on the date of its publication in the Gazette officielle du Québec or between that date and the date applicable under section 17 where the authority that has made or approved it is of the opinion that a reason provided for in the Act under which the regulation may be made or approved, or one of the following circumstances, warrants it:

(1)  the urgency of the situation requires it;

(2)  the regulation establishes, amends or repeals norms of a fiscal nature.

The reason justifying such coming into force shall be published with the regulation.

1986, c. 22, s. 18.

19. Where a regulation comes into force in accordance with section 18, no person may be convicted of an offence under the regulation, committed between the date of its coming into force and the fifteenth day after the date of its publication in the Gazette officielle du Québec, unless it is proved that the persons to whom the regulation may be applicable were in a position to acquaint themselves with it before the offence was committed.

1986, c. 22, s. 19.

20. Every person is bound to acquaint himself with the regulations published in the Gazette officielle du Québec, and those regulations do not need to be specially pleaded.

1986, c. 22, s. 20.

DIVISION V DISALLOWANCE OF REGULATIONS

21. The National Assembly may, in accordance with its standing orders, vote the disallowance of any regulations or any prescriptions of a regulation.

1986, c. 22, s. 21.

22. The Secretary General of the National Assembly shall immediately cause to be published in the Gazette officielle du Québec notice that a regulation or, as the case may be, any prescription of a regulation has been disallowed, with notice of the date of the disallowance.

Every person is bound to acquaint himself with the notice so published, and the notice does not need to be specially pleaded.

1986, c. 22, s. 22.

23. The disallowance of a regulation or of any prescription of a regulation takes effect on the date of passage of the motion of disallowance or on any later date indicated in the motion.

1986, c. 22, s. 23.

24. The disallowance of a regulation or of any prescription of a regulation has the same effect as the repeal of a regulation.

1986, c. 22, s. 24.

DIVISION VI FINAL PROVISIONS

25. Failure to carry out an obligation prescribed under this Act does not invalidate a regulation unless the obligation is contemplated in one or another of sections 8, 10, 13 and 15 or in the second paragraph of section 18.

1986, c. 22, s. 25.

26. Sections 1 to 25 take precedence over any inconsistent provision of any general law or special Act assented to before 1 September 1986.

Any provision of an Act assented to before 1 September 1986 takes precedence over section 8 if it expressly provides that a proposed regulation may be made or approved without having been published in the Gazette officielle du Québec.

1986, c. 22, s. 26.

27. This Act does not prevent a regulation from taking effect before the date of its publication in the Gazette officielle du Québec where the Act under which it is made or approved expressly provides therefor.

1986, c. 22, s. 27.

28. (Amendment integrated into c. A-2.1, s. 131).

1986, c. 22, s. 28.

29. (Amendment integrated into c. A-2.1, s. 157).

1986, c. 22, s. 29.

30. (Amendment integrated into c. I-16, s. 13).

1986, c. 22, s. 30.

31. Sections 1 to 19, 25, 28 and 29 do not apply to regulations made before 1 September 1986.

The sections mentioned in the first paragraph also do not apply to proposed regulations transmitted on or before 1 September 1986 for publication in the Gazette officielle du Québec.

1986, c. 22, s. 31.

32. The Minister of Justice is responsible for the administration of this Act, with the exception of Division V.

1986, c. 22, s. 32.

33. (Omitted).

1986, c. 22, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 22 of the statutes of 1986, in force on 1 September 1986, is repealed, except section 33, effective from the coming into force of chapter R-18.1 of the Revised Statutes.

Paragraph 3.0.1 of section 3 of this Act will come into force upon the coming into force of section 80 of chapter 2 of the statutes of 1994 on the date fixed by order of the Government.