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Subordinate Legislation Regulations
Under the authority of section 15 of the Statutes and Subordinate Legislation Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.
1. These regulations may be cited as the Subordinate Legislation Regulations.
2. In these regulations
(a) "Act" means the Statutes and Subordinate Legislation Act ; and
(b) "subordinate legislation" includes a certified copy filed under section 4 of these regulations.
Subordinate legislation filed
3. Subordinate legislation is filed under the Act when
(a) an endorsement is made on the first page of the subordinate legislation;
(b) the number of the subordinate legislation and the date of filing are entered on the endorsement; and
(c) the endorsement has been signed on behalf of the registrar by a legislative counsel in the Office of the Legislative Counsel.
Original and certified copies
4. (1) Original subordinate legislation and a copy of it shall be tendered to the registrar for filing.
(2) Where the original is not filed with the registrar under subsection (1), a certified copy shall be filed and have attached to it a certificate stating that it is a true copy of the original subordinate legislation.
(3) A certificate mentioned in subsection (2) shall be given
(a) in the case of subordinate legislation made or approved by the Lieutenant-Governor in Council, by the Clerk or the Deputy Clerk of the Executive Council;
(b) in the case of subordinate legislation made or approved by a minister, by the minister or his or her deputy minister or assistant deputy minister;
(c) in the case of subordinate legislation made or approved by a corporation, board, commission, association or other similar body, by its chairperson, presiding officer or secretary or the officer of that body who has charge of the records of that body; or
(d) in another case, by a person who, in the opinion of the registrar, is competent to give the certificate.
Refusal to file
5. (1) Where subordinate legislation is tendered for filing and the registrar
(a) is in doubt as to
(i) the authority to make the subordinate legislation or a part of it, or
(ii) the meaning of the subordinate legislation or a part of it; or
(b) is of the opinion that the subordinate legislation or a part of it does not comply with the requirements of the Act or these regulations,
the registrar may refuse to file the subordinate legislation.
(2) Where the registrar refuses to file subordinate legislation under subsection (1), he or she may, and on demand by the person tendering the subordinate legislation for filing shall, refer the matter to the minister responsible for the Act for his or her decision on it.
6. The registrar may refuse to file subordinate legislation tendered for filing where the subordinate legislation does not show on its face
(a) an appropriate title or heading indicating its subject matter;
(b) the provision of the Act authorizing the making or approval of the subordinate legislation;
(c) by what person or body of persons the subordinate legislation was made or approved;
(d) the date on which the subordinate legislation was made or approved; or
(e) where the subordinate legislation rescinds or amends existing subordinate legislation, the subordinate legislation number of the subordinate legislation rescinded or amended.
Corrections, alterations and other entries
7. (1) If it appears to the registrar
(a) that subordinate legislation filed with him or her contains an error, or is not a true copy of the original subordinate legislation;
(b) that an entry or endorsement in the register or in an index has been made in error, or that an error has been made in the entry or endorsement;
(c) that an entry or endorsement has been omitted; or
(d) that an entry or endorsement has been improperly made,
he or she may make deferred entries or necessary corrections, alterations or cancellations so that the subordinate legislation filed will be a true copy of the original or that an entry or endorsement will be in accordance with the facts.
(2) In making a correction, alteration, cancellation or a deferred entry, the registrar
(a) shall not erase or render illegible subordinate legislation filed with him or her or a part of it, or the original entry or endorsement;
(b) shall affix a memorandum of the date indicating when the correction, alteration, cancellation or deferred entry was made; and
(c) shall initial a correction, alteration, cancellation or deferred entry so made.
Replacement of unfit documents
8. (1) The registrar may replace by a duplicate any subordinate legislation, register, index or other record that is worn or damaged beyond repair and unfit for use.
(2) Where subordinate legislation or a register is replaced, the registrar shall attach or affix to, or endorse on, the duplicate an affidavit made on behalf of the registrar by a legislative counsel in the Office of the Legislative Counsel and stating that the duplicate is a true copy of the original of which it purports to be a true copy.
(3) The registrar shall preserve the original of each subordinate legislation or copy of it or register so replaced.
9. (1) The registrar shall keep on file a copy of every report made by the registrar under subsection 13(2) of the Act and of every approval or order given or made under subsection 13(4) or (5) of the Act.
(2) Where, under subsection 13(4) or (5) of the Act, subordinate legislation is filed on the order, or with the approval of the Lieutenant-Governor in Council, a legislative counsel in the Office of the Legislative Counsel shall endorse on the subordinate legislation a memorandum of the circumstances and the date and shall sign it.
10. The form of subordinate legislation, amendments to it, consolidations and rescissions of it, including subtitling, punctuation, capitalization, spelling and other matters of style, shall conform to the practice of the Office of the Legislative Counsel pertaining to the preparation of statutes.
11. (1) The registrar may determine the format and arrangement of subordinate legislation for publication.
12. All subordinate legislation shall be available for inspection after its filing.
13. For the purpose of carrying out the Act and these regulations, the Senior Legislative Counsel or a legislative counsel designated by the Senior Legislative Counsel to act on his or her behalf may sign on behalf of the Office of the Legislative Counsel acting in the capacity of registrar.
14. The Subordinate Legislation Regulations, Newfoundland Regulation 1/78, are repealed.
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