INTRODUCTION AND BRIEF DESCRIPTION
Regulations can include referenced material as it exists on a specified date or as amended from time to time.
SECTION WORDING
254.1(2) A regulation may incorporate any material by reference either as it exists on a specified date or as amended from time to time.
EXPLANATION
Section 254.1(2) of the Criminal Code of Canada allows for regulations to incorporate any material by reference, either as it exists on a specified date or as it may be amended over time. This section is important because it provides a means for regulations to remain up-to-date and relevant without requiring changes to be made to the Criminal Code itself. In practical terms, this means that a regulation can reference a specific document, such as a set of guidelines or technical standards, and incorporate its provisions by reference. This allows the government to avoid the time-consuming and complex process of amending the Criminal Code every time a change is needed. For example, a regulation under section 254.1(2) could incorporate guidelines on the use of blood alcohol tests in impaired driving cases. If the guidelines were updated, the regulation would automatically incorporate the new version without needing to be amended. This section also provides some flexibility for regulators, as they can choose to incorporate material as it exists on a specific date or as it may be amended. This allows regulators to control the timing and scope of updates to the material, while also ensuring that regulations remain current and effective. Overall, section 254.1(2) of the Criminal Code of Canada is an important tool for ensuring that regulations under the Code remain relevant and up-to-date without requiring frequent and complex amendments.
COMMENTARY
Section 254.1(2) of the Criminal Code of Canada is an important provision that allows for the incorporation of materials by reference in order to facilitate the implementation of regulations related to impaired driving. This section helps to ensure that regulations can be kept up-to-date with the latest information and changes, which is critical in ensuring the health and safety of Canadians on the roads. The provision allows for the incorporation of any material by reference, which means that the actual text of the material is not included in the regulation, but is instead referenced within it. This material can be incorporated as it exists on a specified date, or as amended from time to time. This flexibility allows for regulations to be updated as necessary, without requiring amendments to the Criminal Code itself. One of the main benefits of this provision is that it allows for the incorporation of scientific and technical information that may be subject to change or revision. For example, if new research is published about the effects of alcohol or drugs on driving, the regulation can be updated to reflect this information without needing to go through a lengthy legislative process. This ensures that regulations can be based on the most current and reliable information available, which is critical in promoting road safety. Another important benefit of this provision is that it allows for the incorporation of standards and guidelines developed by other organizations. For example, the regulation may incorporate standards for breathalyzer machines or field sobriety tests developed by the International Association of Chiefs of Police. This helps to ensure that Canadian standards are consistent with those used in other countries, and can facilitate cooperation and collaboration on impaired driving issues. Overall, section 254.1(2) is a valuable provision that allows for the incorporation of materials by reference in regulations related to impaired driving. This provision helps to ensure that regulations are based on the most current and reliable information available, and can be updated as necessary to reflect new developments in the field. This is critical in promoting road safety and protecting the health and well-being of Canadians.
STRATEGY
Section 254.1(2) of the Criminal Code of Canada provides that regulations may incorporate any material by reference, either as it exists on a specified date or as amended from time to time. This provision has significant strategic implications for any organization or individual navigating the Canadian legal framework, particularly with respect to compliance, governance, and risk management. One key strategic consideration is the need for organizations and individuals to stay current with any regulations that may incorporate material by reference. This can be challenging given that the material may be amended from time to time, and compliance may require ongoing monitoring and adjustment. Failure to stay current with changes in relevant regulations can result in serious consequences, including legal liability, reputational damage, and financial losses. To address this risk, organizations and individuals may employ a variety of strategies, including: 1. Developing a comprehensive compliance program: This can include policies, procedures, and training programs that promote awareness of relevant regulations, and provide guidance on appropriate behavior and risk mitigation strategies. 2. Engaging legal and regulatory experts: Organizations and individuals may seek the advice of legal and regulatory experts, who can help identify relevant regulations and advise on compliance strategies. 3. Utilizing technology: Software programs and data analytics tools can help monitor changes in relevant regulations and identify areas where compliance may be required. 4. Relying on trusted sources of information: Organizations and individuals may subscribe to trusted sources of legal and regulatory information, such as government websites or legal publications. 5. Establishing internal governance structures: To ensure ongoing compliance, organizations and individuals may establish internal governance structures, such as compliance committees, that are responsible for monitoring and addressing compliance risks. Overall, section 254.1(2) of the Criminal Code of Canada underscores the importance of staying current with relevant regulations, and the need for organizations and individuals to adopt effective strategies to mitigate legal and reputational risks. By developing a comprehensive compliance program, engaging legal and regulatory experts, utilizing technology, relying on trusted sources of information, and establishing internal governance structures, organizations and individuals can help ensure ongoing compliance and avoid the negative consequences of non-compliance.