OTTAWA, March 5, 2002 -- The Honourable Sharon Carstairs, Leader of the Government in the Senate, on behalf of the Minister of Justice and Attorney General of Canada, the Honourable Martin Cauchon, today introduced a Bill in the Senate that will further ensure the constitutional validity of all legislative instruments made since 1867. The Legislative Instruments Re-enactment Act re-enacts or provides for the re-enactment, in both official languages, of legislative instruments that were originally enacted in only one official language.

"Canada's linguistic duality is fundamental to our Canadian identity and is a key element of our vibrant society," said Minister Cauchon.

Section 133 of the Constitution Act, 1867 requires that Acts of Parliament and of the Legislature of Quebec be printed and published in English and French. The Parliament of Canada has always complied with this constitutional obligation with respect to its statutes.

However, from 1867 to 1969, the practice was to "make" regulations, orders-in-council and other legislative instruments only in one official language, and then to print and publish these instruments in the Canada Gazette in English and French.

In response to this situation, the Government of Canada undertook a number of measures over the years to ensure that federal legislative instruments comply with the language requirements of the Constitution.

However, in its third report, the Standing Joint Committee for the Scrutiny of Regulations expressed concern that some uncertainty remained about the constitutional validity of some federal regulations that had originally been made in only one official language.

The proposed legislation provides an efficient and cost effective way to address this uncertainty while, at the same time, demonstrating the Government's ongoing commitment to the rule of law, respect for the Charter and the importance of linguistic duality in Canada.

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Ref.:

Marc Tremblay
Senior Counsel
Official Languages Law Group
(613) 941-4037

Suzanne Thébarge
Minister's Office
(613) 992-4621