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| R.S., c. F-27
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66. The Food and Drugs Act is amended
by adding the following after section 30:
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| Interim orders
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30.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health, safety or the
environment.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Act other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| Tabling of
order
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(6) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
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| House not
sitting
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(7) In order to comply with subsection (6),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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| R.S., c. H-3
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67. The Hazardous Products Act is
amended by adding the following after
section 5:
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| Interim
orders -
regulations
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5.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Interim
orders -
section 6
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(2) The Minister may make an interim order
in which any power referred to in section 6 is
deemed to be exercised, if the Minister
believes that immediate action is required to
deal with a significant risk, direct or indirect,
to health or safety.
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| Cessation of
effect
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(3) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) in the case of an interim order made
under subsection (1), the day on which a
regulation made under this Part that has the
same effect as the interim order comes into
force and, in the case of an interim order
made under subsection (2), the day on
which an order made by the Governor in
Council under this Part that has the same
effect as the interim order comes into force,
and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(4) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(5) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(6) For the purpose of any provision of this
Part other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| Tabling of
order
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(7) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
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| House not
sitting
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(8) In order to comply with subsection (7),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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68. The Act is amended by adding the
following after section 16:
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| Interim
orders -
regulations
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16.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Interim
orders -
sections 17
and 18
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(2) The Minister may make an interim order
in which any power referred to in sections 17
and 18 is deemed to be exercised, if the
Minister believes that immediate action is
required to deal with a significant risk, direct
or indirect, to health or safety.
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| Cessation of
effect
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(3) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) in the case of an interim order made
under subsection (1), the day on which a
regulation made under this Part that has the
same effect as the interim order comes into
force and, in the case of an interim order
made under subsection (2), the day on
which an order made by the Governor in
Council under this Part that has the same
effect as the interim order comes into force,
and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
|
(4) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(5) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(6) For the purpose of any provision of this
Part other than this section and section 19, any
reference to regulations made under this Act
is deemed to include interim orders, and any
reference to a regulation made under a
specified provision of this Act is deemed to
include a reference to the portion of an interim
order containing any provision that may be
contained in a regulation made under the
specified provision.
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| Tabling of
order
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(7) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
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| House not
sitting
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(8) In order to comply with subsection (7),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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69. The Act is amended by adding the
following after section 27:
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| Interim orders
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27.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Cessation of
effect
|
(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Part, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
|
(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Part other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| Tabling of
order
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(6) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
|
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| House not
sitting
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(7) In order to comply with subsection (6),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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| 2001, c. 27
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70. Subsection 5(2) of the Immigration
and Refugee Protection Act is replaced by
the following:
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| Tabling and
referral of
proposed
regulations
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(2) The Minister shall cause a copy of each
proposed regulation made pursuant to sections
17, 32, 53, 61, 102, 116, 150 and 150.1 to be
laid before each House of Parliament, and
each House shall refer the proposed regulation
to the appropriate Committee of that House.
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71. (1) Paragraph 149(a) of the Act is
replaced by the following:
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(a) the information may be used only for the
purposes of this Act or the Department of
Citizenship and Immigration Act or to
identify a person for whom a warrant of
arrest has been issued in Canada; and
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(2) Paragraph 149(b) of the English
version of the Act is replaced by the
following:
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(b) notice regarding use of the information
must be given to the person to whom it
relates.
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72. The Act is amended by adding the
following after section 150:
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