Vol. 147, No. 10 — May 8, 2013

Registration

SOR/2013-85 April 26, 2013

STATUTORY INSTRUMENTS ACT

Regulations Amending the Statutory Instruments Regulations

P.C. 2013-431 April 25, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 13(2) and paragraph 20(m) of the Statutory Instruments Act (see footnote a), makes the annexed Regulations Amending the Statutory Instruments Regulations.

REGULATIONS AMENDING THE STATUTORY
INSTRUMENTS REGULATIONS

AMENDMENTS

1. The heading before section 19 and sections 19 and 20 of the Statutory Instruments Regulations (see footnote 1) are repealed.

2. Schedules I and II to the Regulations are repealed.

COMING INTO FORCE

3. These Regulations come into force on April 1, 2014.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

1. Background

As the official newspaper of the Government of Canada since October 2, 1841, the Canada Gazette provides Canadians with access to laws, regulations and important governmental and legal notices that govern their daily lives. It includes official appointments, public Acts of Parliament, proposed regulations and regulations that have been made. It also contains miscellaneous legal notices from the private sector. The Queen’s Printer is responsible for publishing the Canada Gazette under section 10 of the Statutory Instruments Act. The Queen’s Printer is an officer of the Department of Public Works and Government Services Canada (PWGSC).

The Canada Gazette is published in three parts in both printed form and electronically on the Internet in Portable Document Format (PDF) and HyperText Mark-up Language (HTML). The electronic versions first became available on June 2, 1998. On this date, the Canada Gazette Web site was officially launched and all issues of the three parts of the Canada Gazette going back to January 1998 became available online. However, even though, at that time, the electronic PDF version was an exact replica of the side-by-side bilingual paper publication, it did not have official status. On April 1, 2003, the Canada Gazette Publication Order came into effect, giving the electronic PDF official status. From that day on, all issues published in the electronic PDF were required to be published simultaneously with the printed copy. While there is a cost to purchase the printed copy, the electronic versions are provided free of charge through the Internet.

Section 13 of the Statutory Instruments Act imposes a requirement to deliver copies of the Canada Gazette to parliamentarians and to such persons or classes of persons as may be prescribed and provides for the sale of copies on payment of prescribed charges. The repeal of section 13 of the Statutory Instruments Act was enacted through the passage by Parliament of the Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19), which received Royal Assent on June 29, 2012. The repeal of section 13 of the Statutory Instruments Act will take effect on April 1, 2014, the date on which it is expected that Division 27 of Part 4 of the Jobs, Growth and Long-term Prosperity Act will come into force.

2. Issue

The amendments to the Statutory Instruments Regulations are consequential to the repeal of section 13 of the Statutory Instruments Act, which eliminates the requirement to distribute and sell the printed copy of the Canada Gazette, and are necessary to implement the measure adopted by the Jobs, Growth and Long-term Prosperity Act, which supports the Government’s greening initiatives as part of its Sustainable Development Strategy.

3. Objectives

The objective of the regulatory action is to align the Statutory Instruments Regulations with the repeal of section 13 of the Statutory Instruments Act. This is being done to

  • — Reduce costs: Revenues from the sale of the printed version are steadily declining while costs of printing are steadily increasing.
  • — Avoid duplication: The printed version of the Canada Gazette is identical to the electronic version, which is available free of charge on the Canada Gazette Web site.
  • — Contribute to the Government’s commitment to sustainable development: Terminating the printing of paper copies of the Canada Gazette will assist in reducing the consumption of energy resources and demonstrates that action is being taken by the Government towards the greening of its operations.

4. Description

The amendments to the Regulations repeal section 19 and Schedule I of the Statutory Instruments Regulations, which prescribe those persons to whom the paper copy of the Canada Gazette is to be delivered without charge, as well as section 20 and Schedule II of those Regulations, which prescribe the charges to other persons for obtaining paper copies of the Canada Gazette.

5. Consultation

On April 13, 2012, an announcement was posted on the Canada Gazette Web site advising of the Budget 2012 decision to transition the publication of the Canada Gazette from traditional print form to exclusively electronic publication.

6. Rationale

In recent years, there has been a significant increase in the number of visits to the Canada Gazette Web site (almost 500 000 unique visits in 2010–2011). Consequently, the demand for printed copies of the Canada Gazette has significantly declined: there were 223 private subscribers in 2012 compared to 1466 in 2007 — a decrease of 85%.

Canadians are increasingly accessing the electronic version of the Canada Gazette instead of the printed version because it provides them with instant access to the Canada Gazette on the day it is published. It can take up to three days for the paper copies to be delivered by mail. As well, because of Canadians’ increasing electronic access to and use of e-publications, the objective of disseminating information contained in the Canada Gazette is now better accomplished through electronic publication, which is faster, more convenient for most readers and more environmentally friendly.

The regulatory amendments, in conjunction with the repeal of section 13 of the Statutory Instruments Act, will assist in reducing the Government of Canada’s environmental footprintas the Canada Gazette will no longer be printed on paper and delivered by mail. It will also provide savings to the Government of Canada of $300,000 a year. Further, as the paper version is an exact replica of the side-by-side bilingual electronic PDF version, it will avoid duplication.

The regulatory action does not have a major impact on the ability of Canadians to access the Canada Gazette. According to the 2010 Canadian Internet Use Survey (sponsored by Industry Canada), 8 out of 10 Canadian households (79%) had access to the Internet and over one half of connected households used more than one type of device to go online. As well, approximately 81% of households located in census metropolitan areas and 76% of households located in census agglomerations had home Internet access, and 71% of households outside of these areas had home Internet access.

Canadians living in rural communities who do not have an Internet connectionwill be able to access the Canada Gazette at a public library as most libraries today are equipped with computers that have Internet access. Alternatively, Canadians could contact their community’s municipal office and ask for the nearest public location that is equipped with Internet access.

7. Implementation and enforcement

The amendments to the Statutory Instruments Regulations will come into force on April 1, 2014, when Division 27 of Part 4 of the Jobs, Growth and Long-term Prosperity Act is expected to come into force by order of the Governor in Council.

8. Contacts

Lyne Tassé
Director
Canada Gazette Directorate
Public Works and Government Services Canada
Constitution Square II
350 Albert Street, 5th Floor
Ottawa, Ontario
K1A 0S5
Fax: 613-991-6030
Email: lyne.tasse@tpsgc-pwgsc.gc.ca

Ingrid Ludchen
Chief Legislative Editor
Legislative Services Branch
Justice Canada
SAT — Room 3115
275 Sparks Street
Ottawa, Ontario
K1A 0H8
Fax: 613-957-7866
Email: ingrid.ludchen@justice.gc.ca