I recently found out that ALL Canadians are supposed to be informed and consulted about ALL proposed 'laws' that will affect their lives - BEFORE - they are enacted.  (Paraphrasing here - will post 'verbatim' - within the next couple of days)  It seems its a part of our constitutional rights  and - believe it or not - states very clearly - that any politician who does NOT respect or give the general public access to voice their opinions and/or vote... must quit or be removed from  his/her seat in government!   Therefore - all laws that have been amended and/or  enacted into law: For example: Changes to our Charter Of Rights - The Language Laws - Nation Status Laws - and all the other countless - too many to write here.. 'Lawsrequire our Consent !!  

Note**  (See response in its entirety below)    "...The CGD "publishes" the "Canada Gazette" pursuant to Section 10 of the "Statutory Instruments Act" which stipulates that the "Queen's Printer shall continue to publish the Canada Gazette as the official gazette of Canada.   "According to an interpretation by counsels Betty Rollo and Alain Prévost of the Privy Council Office, "publish" means "to make publicly or generally known" which also includes the printing and distribution of the "Canada Gazette."
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Correspondence to date: 
   Note**  I will be addressing the reply - section by section - in on going posts.  For the moment - wrap this around your head.  I for one - spent 4 hours...  trying to navigate my way around this 'Fountain of Available Information'  and haven't even begun to scratch the surface of the multiple index's - let alone find the laws that are of concern !

Sent: Tuesday, June 01, 2010 11:23 AM
To: Info Gazette
Subject: Canada Gazette Distribution
 
Attention: Carole Kennedy, Director, Canada Gazette Directorate
Open Letter to: Director of Canada Gazette

Dear Ms. Kennedy,
 
Having only recently been made aware of the 'existence'  of Canada Gazette - and its importance to the public. As a matter of fact,  I believe - it is crucial for every Canadian have not only 'access' to it  - but understand from its mandate..  it 'must be made available' to the general public - at all times, no?
 
Therefore - why are weekly copies of this most important - paper - not - being delivered to our mailboxes?  After all - multi millions of citizens do not use the internet.  And as you yourself state: "The Canada Gazette Directorate is committed to maintaining the highest level of client service. As the main point of contact for clients who publish notices in the Canada Gazette, our team recognizes the importance of providing accurate information to our clients in a timely and courteous fashion." 

I am hard pressed to reconcile.. the general public's  absolute  'unawareness' of its - very existence!   Is this not a very clear violation in fact, of your paper's mandate?   I'll limit this email to the above and anxiously await your reply,
 
Sincerely
Didi M
____________

The Reply:

Good afternoon,
 
Thank you for visiting the "Canada Gazette" Web site and for your comments.
 
"The Canada Gazette," which consists of three parts, is the official publication of the Government of Canada since 1841. Part I (1841) contains the Government's official and legal notices and proposed regulations as well as the private sector's official public notices; Part II (1947), enacted regulations and regulatory texts; and Part III (1974), enacted acts and their proclamations.
 
The mandate of the Canada Gazette Directorate (CGD) is to produce, publish and distribute the "Canada Gazette," pursuant to the "Statutory Instruments Act" which you access on Justice Canada's Web site at http://laws-lois.justice.gc.ca/en/S-22/FullText.html and the "Statutory Instruments Regulations," at http://laws-lois.justice.gc.ca/en/C.R.C.-C.1509/FullText.html.

The keywords of the CGD's mandate can mislead the public due to their legal definitions in the "Statutory Instruments Act" and Regulations.  The CGD "produces" the "Canada Gazette" by editing/proofreading all legal texts and notices received from its various public and private sector clients and formats the notices into a publication, i.e. printed and electronical versions.
According to Section 10 of the "Statutory Instruments Regulations," (http://laws-lois.justice.gc.ca/en/C.R.C.-C.1509/FullText.html), "The typography, style and format of Part I, Part II and Part III of the Canada Gazette shall be substantially similar to the typography, style and format of the public general Acts of the Parliament of Canada." 
 
The CGD "publishes" the "Canada Gazette" pursuant to Section 10 of the "Statutory Instruments Act" (http://laws-lois.justice.gc.ca/en/S-22/FullText.html) which stipulates that the "Queen's Printer shall continue to publish the Canada Gazette as the official gazette of Canada. "According to an interpretation by counsels Betty Rollo and Alain Prévost of the Privy Council Office, "publish" means "to make publicly or generally known" which also includes the printing and distribution of the "Canada Gazette."
 
Even though the Canada Gazette Directorate is responsible for producing, publishing and distributing the "Canada Gazette," federal government departments and agencies as well as private sector organizations are responsible of submitting the information for publication in the "Canada Gazette" and of answering any questions and/or comments
concerning the information in question. The Department of Justice is responsible for the regulatory process and the acts and regulations database.
 
The CGD "distributes" the "Canada Gazette" to Members of Parliament and to the public according to the "Statutory
Instruments Act."
    "13. (1) A copy of each regulation that is published in the "Canada Gazette" shall be provided to each member of the Senate and House of Commons by delivering to each such member without charge a copy of the "Canada Gazette" in which the regulation is published.
    (2) Copies of the "Canada Gazette" shall be delivered without charge to such persons or classes of persons, in addition to those described in subsection (1), as may be prescribed and may be sold to any person on payment of the charge prescribed therefor."
   
Also according to Section 20 of the "Statutory Instruments Regulations," (http://laws-lois.justice.gc.ca/en/C.R.C.-C.1509/FullText.html):   "Copies of Part I, Part II and Part III of the "Canada Gazette" may be sold to any person upon payment of the appropriate charge therefor set out in Schedule II."
 
In other words, paid publications and subscriptions had and were always made available to Canadians but they had to either buy a copy or subscribe to the publication to receive it at home. In order to ensure sale and distribution of the "Canada Gazette," the Publishing and Depository Services Directorate of Public Works and Government

Services Canada (PWGSC) are responsible for the sale of subscriptions to the print copy of the "Canada Gazette" in
accordance with Treasury Board's Communications Policy. Please consult the Publications of Canada Web site at
http://www.publications.gc.ca/control/publicHomePage?lang=English or call them toll free at 1-800-635-7943.

There are also bookstores that sell Government publications such as the "Canada Gazette" which are listed in the telephone directory.
 
The Depository Services Program is responsible for the free distribution of the "Canada Gazette" to Members of Parliament and to all major libraries across Canada, thus making the "Canada Gazette" available free of charge to all
Canadians. Please consult the Depository Services Program at http://dsp-psd.communication.gc.ca/index-e.html or call them toll free at 1-800-635-7943. To find a depository library in your area, please visit the Depository Services Program's Web page entitled "Depository Libraries" at http://www.dsp-psd.communication.gc.ca/Depo/table-e.html, click on your province of residence and scroll down to your city or call them at the above-mentioned toll-free number.  
 
To ensure quick access to the public at large, all three parts of the "Canada Gazette" are available free of charge on the "Canada Gazette" Web site at http://gazette.gc.ca/index-eng.html in PDF (Portable Document Format) since 1998 - official for issues published after April 1, 2003 - and in a unilingual alternate format for persons with disabilities in ASCII (American Standard Code for Information Interchange) in April 2000 which was upgraded to a more user-friendly HTML (Hyper Text Mark-up Language) format in 2003. The issues are listed under the heading "Recent Publications" and "Archives" on the left-hand side of the screen. The "Recent Publications" heading contains all the issues of the "Canada Gazette," Part I, Part II and Part III that were published in 2009 and that have been published to date in 2010. The "Archives" section contains all the issues of the "Canada Gazette," Part I, Part II and Part III that were published between 1998 and 2008.  To ensure access to the issues of the "Canada Gazette," Part I, Part II and Part III that were published prior to 1998, please visit the Library and Archives Canada (LAC) Web site entitled "A Nation's Chronicle: The Canada Gazette" at http://www.collectionscanada.gc.ca/databases/canada-gazette/index-e.html. All issues dating from
1841 to 1997 should be digitized and online by October 2010.
 
In order to increase awareness of the existence of the "Canada Gazette," a commemorative book entitled "160 years of the Canada Gazette" was published in 2001 and is available free of charge in HTML and PDF formats on the "Canada Gazette" Web site at http://www.gazette.gc.ca/cg-gc/history-histoire-eng.html. Upon its publication, a complimentary copy was sent to every school within Canada to make children aware of this publication and, through them, their parents and family.
 
Also to make the important information even more accessible, the Canada Gazette Directorate offers the opportunity to receive updates on the most recent content pertaining to five specific categories published in the "Canada Gazette," Part I, by subscribing to the "Canada Gazette" RSS feeds, free of charge. For information on how to subscribe to these, please visit the Web page entitled "RSS Feeds" at http://www.gazette.gc.ca/st-ri/rss-eng.html. 
 
The Canada Gazette Directorate as shown above does fulfill its mandate and responsibilities. But Canadians, as citizens of Canada, also have responsibilities; one of them being to be informed of the laws and regulations governing their country.
As this latin expression stipulates: Ignorantia juris non excusat or Ignorantia legis neminem excusat (which means "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content. Therefore the onus is on each Canadian to inform himself or herself of the laws and regulations as well as the means to access them such as through his/her member of Parliament, a legal office, a library, etc.
 
We trust this information will be useful and we invite you to contact us should you have any questions or comments concerning the "Canada Gazette."
 
La Direction de la Gazette du Canada | Canada Gazette Directorate 350, rue Albert | 350 Albert Street Ottawa, Canada  K1A 0S5 Gouvernement du Canada | Government of Canada