Resolution of Parliament in Canada

Resolution of Parliament in accordance to the Interpretation Act

Affirmative and negative resolutions

In every Act, as stated by the Canada´s Interpretation Act (providing interpretation rules),

• the expression “subject to affirmative resolution of Parliament”, when used in relation to any regulation, means that the regulation shall be laid before Parliament within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting and shall not come into force unless and until it is affirmed by a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses;
• the expression “subject to affirmative resolution of the House of Commons”, when used in relation to any regulation, means that the regulation shall be laid before the House of Commons within fifteen days after it is made or, if the House is not then sitting, on any of the first fifteen days next thereafter that the House is sitting and shall not come into force unless and until it is affirmed by a resolution of the House of Commons introduced and passed in accordance with the rules of that House,
• the expression “subject to negative resolution of Parliament”, when used in relation to any regulation, means that the regulation shall be laid before Parliament within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting and may be annulled by a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses; and
• the expression “subject to negative resolution of the House of Commons”, when used in relation to any regulation, means that the regulation shall be laid before the House of Commons within fifteen days after it is made or, if the House is not then sitting, on any of the first fifteen days next thereafter that the House is sitting and may be annulled by a resolution of the House of Commons introduced and passed in accordance with the rules of that House.

Effect of negative resolution

Where a regulation is annulled by a resolution of the Canadian Parliament or of the House of Commons, according to the wording of the Canada´s Interpretation Act, which provides rules for the interpretation of legislation,  it is deemed to have been revoked on the day the resolution is passed and any law that was revoked or amended by the making of that regulation is deemed to be revived on the day the resolution is passed, but the validity of any action taken or not taken in compliance with a regulation so deemed to have been revoked shall not be affected by the resolution.

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This entry was last updated: January 27, 2014