Federal Legislation Edmonton Law Libraries Association HeadStart Program June 17, 2010 Linda Harmata Edmonton Librarian Alberta Law Libraries

Federal LegislationEdmonton Law Libraries Association

HeadStart ProgramJune 17, 2010

Linda HarmataEdmonton Librarian

Alberta Law Libraries

ELLA - Edmonton Law Libraries Association

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Acknowledgments

Eve Poirier– Formerly Regional Librarian for the Prairie Offices

of Canada Justice

Excellent Resource….– Alberta Law Libraries Research Guides to

Research Legislation


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We will cover …

Federal Legislation – Generally Constitution and Primary Authority Finding Legislation Regulations and Subordinate Legislation Desktop Access – Considerations for use


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Federal Legislation – Two questions …

What are you looking for?– Status of an amendment?– Official copy for list of authorities?– Legislative intent?– Judicial consideration?– Commentary?

Do you have the correct version for your issue… “point-in-time”?


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Generally

Federal legislation includes: – Statutes enacted by the Parliament of Canada, – Subordinate legislation (regulations, rules, orders).

Statutes – broad in scope.– Specifics come from the statutory instruments:

regulations, orders, rules. (e.g. Price of a stamp) A statute may have dozens of regulations made

pursuant to it, or it may have none.


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Constitution of Canada

Defined by s. 52(2) of the Constitution Act, 1982 – over 20 separate pieces of Legislation

Core: Constitution Act, 1867 Charter of Rights is Part 1 of the Constitution Act,

1982 Constitution Act, 1867, s. 91 and 92 distribute the

legislative powers between the Federal and Provincial governments.


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Relevance?

Constitutional questions continue to arise in the courts. Despite s. 91 and s. 92, there is local contextual interplay

between federal and provincial legislation and jurisdiction. Example:

Yellowknife (Public Denominational District Educational Authority) v. Euchner, 2008 NWTCA 13

Good sources for constitutional law issues:– R.S.C. 1985, Appendix II– Hogg’s Constitutional Law of Canada, 5th ed.


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Primary & Secondary Sources of Law

Primary Sources – “Raw” Law– Legislation: Including statutes, regulations, orders– Case law: Decisions of courts and tribunals:

sometimes termed “Judge-made” law or “common law”

– The evidence for your argument Secondary Sources

– Textbooks, articles, papers, etc., analyzing, commenting on, criticizing, explaining the law


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Finding Federal Statutes

Analysis is not required to find legislation Locating statutes is driven by the process by which

legislation is made Interpretation of the statute within the context and

facts of your issue is your job:– Ordinary meaning– Technical meaning– Legislative purpose– Judicial interpretation (consideration)


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Statutes are located and cited by TIME

Statues are enacted, amended, revised and repealed in a linear, time-defined sequence.

Statutes passed in a specific calendar year are bound together. These are sequenced publications (part, volume number, chapter).

Private Acts (usually dealing with a named corporation or association) are in Part II of the annual statute volumes.

Statutes are cited to the year they were “assented to” by Parliament, i.e.; Youth Criminal Justice Act, S.C. 2002, c. 1. (… unless …)


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Revised Statutes

An official “arrangement, revision and consolidation”, enabled by the Legislation Revision and Consolidation Act, R.S.C. 1985, c. S-20, s. 5.

Irregularly produced: Most recent R.S.C. 1985 ANY statute contained in a revision MUST be cited

to that revision regardless of amendments made since then. For example: proper citation for the Criminal Code is R.S.C. 1985, c. C-46.


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How did the section read on this date?

May be a critical issue in a legal matter “Point in Time” legislation

– Depending on the service, since approx. 2003 Prior to that, use your “satellites”, the Revised

Statutes, as your reference points. Then, use the Table of Public Statutes and

Responsible Ministers (orange pages) to locate amendments to a section.

Check “in force” (CIF) information for amendments! Each section in a Revised Statute gives the history:

the previous statute section that read the same way.


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Table of Public Statutes and Responsible Ministers

Bank Act — R.S., 1985, c. B-1 (Banques, Loi sur les)

ACT REPEALED 1991, c. 46, s. 604 CIF, 1991, c. 46 in force 01.06.92 see SI/92-90

Bank Act — 1991, c. 46 (Banques, Loi sur les)

Minister of Finance Part I: s. 2, 1991, c. 46, s. 572, c. 47, s. 756(1)(a), c. 48, s. 494(a); 1992, c. 51, s. 29; 1993, c. 28, s.

78 (Sch. III, item 4), this amendment was repealed before it came into force by 1999, c. 3, s. 12 (Sch., item 2); 1993, c. 34, s. 5(F), c. 44, s. 22; 1998, c. 30, par. 13(a) and 15(a); 1999, c. 3, s. 14, c. 28, s. 1; 2000, c. 12, s. 3; 2001, c. 9, s. 35, c. 27, s. 206; 2002, c. 7, s. 81(E); 2005, c. 54, s. 1; 2007, c. 6, s. 1

s. 2.1, added, 1999, c. 28, s. 2 s. 2.2, added, 2001, c. 9, s. 36 s. 2.3, added, 2001, c. 9, s. 36 s. 2.4, added, 2005, c. 54, s. 2


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History notes: Access to Information Act, R.S.C. 1985, c. A-1, s. 16.5

HTML version (online consol.)Public Servants Disclosure

Protection Act16.5 The head of a government

institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

2005, c. 46, s. 55; 2006, c. 9, s. 221.

PDF version (online consol.)Public ServantsDisclosureProtection Act16.5 The head of a government

institutionshall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

2005, c. 46, s. 55; 2006, c. 9, s. 221.


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NEW! “Official” Consolidations

Note from the Department of Justice Canada:

“As of June 1, 2009, the consolidated Acts and regulations on the Justice Laws Web site are ‘official’, meaning that they can be used for evidentiary purposes. ”

Amendments to the Legislative Revision and Consolidation Act, R.S.C. 1985, c. S-20, contained in Part 5 of S.C. 2000, c. 5, were brought into force as of June 1, 2009. (P.C. 2009-828 May 28, 2009)


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Quiz time!

Question:

On the Justice Canada Laws site, how many federal statutes are available? 690

As of June 15, 2010


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The Legislative Process

Primary difference between the Federal process and the Provincial process is that the Feds have 2 houses.

All laws begin as bills. Bills originating from the HofC begin with C- , all bills originating in the Senate begin with S-

Royal assent does not

necessarily bring an Act into force.


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Legislative Process

Idea Bill First Reading: Introduction of Bill; No debate Second Reading: Debate

– This is where you may locate “legislative intent”.– May be sent to Committee (Standing or Ad Hoc)– You can access minutes, evidence, reports if they exist.

LegisInfo: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E


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Does your Bill pre-date LegisInfo? (pre-2002)

This same information is available in print in the Hansard, also known as the Official Report of the Debates of the House of Commons/Senate

Each session is indexed by subject, bill, speaker. Some volumes contain the handy tables “Progress of

Legislation”. (Also in Abridgment: Can. Current Law Legislation)

Some Hansard (after 1994) is available online through the Parliament website: http://www.parl.gc.ca/common/Chamber_Senate_Debates.asp?Language=E&Parl=40&Ses=2 http://www2.parl.gc.ca/housechamberbusiness/ChamberSittings.aspx?View=H&Language=E&Mode=1&Parl=35&Ses=1


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Legislative Process – 3rd Reading

Must pass 3 readings in BOTH House of Commons and Senate

Royal Assent Chapter number assigned Published in Canada Gazette Part III In force? (Usually in last section of Act):

– If “silent”, then on assent. (Interpretation Act, R.S.C. 1985, c. I-21, s. 5(2))

– May state the date the Act comes into force.– May require Proclamation.– Some combination of the three.


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Proclamation Notes Located in the Statute

EXAMPLE #1Railway Continuation Act, 2007 ( 2007, c. 8 ) COMING INTO FORCEComing into force21. This Act comes into force on the expiry of the twenty-fourth hour after

the time at which it is assented to.

EXAMPLE #2An Act to amend the Canadian Environmental Protection Act, 1999,

S.C. 2008, c. 31 COMING INTO FORCE6. The provisions of this Act come into force on a day or days to be fixed

by order of the Governor in Council.Not in force until September 28, 2009. SI 2009/0052


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The Table of Public Statutes – Your Best Friend!

Table of Public Statutes is the index to all amendments of all federal statutes.

It lists the statute by name and each amendment made to that statute by section number.

The table will guide you to the location (TIME) of the amendment and tell you when that amendment came into force.

http://laws.justice.gc.ca/PDF/TOPS_E.pdf


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Quiz Time!

Which statute provides for the coming into force of an Act on assent, if there is no other in force provision named in the Act?

Interpretation Act, R.S.C. 1985, c. I-21, s. 5(2))


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EXAMPLE #3 – Entry in the Table of Public StatuteAnti-terrorism Act -- 2001, c. 41(Loi antiterroriste)Minister of Justice CanadaCIF, 2001, c. 41, ss. 1, 24, 25, 47, 48, 76 to 86 and 119

to 145 in force on assent 18.12.2001 see s. 146; ss. 2 to 23.1, 26 to 46, 49 to 51, 53, 65 and 66, ss. 67(1) and (4) to (9), ss. 68 to 73, 75 and 87 to 118 in force 24.12.2001 see SI/2002-16; sections 52, 67(2) and (3) and 74 in force 12.06.2002 see SI/2002-86; ss. 54 to 64 in force 06.01.2003 see SI/2002-164


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Subordinate Legislation:Canada Gazette Part II

Regulations are made under the authority of an Act. Regulations are NOT subjected to the legislative

process. Regulations contain the DETAIL. Federally – Regulations are found in the Canada

Gazette Pt. 2 (Statutes Pt.3). Linear and time cited. SOR/2005-200 – Means that

this statutory order and regulation is the 200th such order of 2005.

It will be located in the bound volume for 2005 chronologically.


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Regulations are amended and repealed. This information is contained in the index portion of the Gazette the regulation is published in.

Consolidated Index of Statutory Instruments http://canadagazette.gc.ca/partII/2008/20080331-c/html/index-e.html

The index is organized alphabetically by the title of the STATUTE.

Regulations and other statutory instruments (orders, instruments, rules) can be located by their own title in a separate index, which will identify their statutory authority to exist.


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Online Canada Gazette

Online PDF version official since April 1, 2003

“The online PDF format of the Canada Gazette has been official since April 1, 2003. The first official issue was published on April 5, 2003, for Part I, April 9, 2003, for Part II, and May

14, 2003, for Part III.” Search function is quirky. Arranged by time,

so easier to use if you have a specific SOR or SI to locate.


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MORE Online Canada Gazette!

Available from Library and Archives Canada “Please note that the digitization of this

material, which began in 2007, is still underway. Not all issues are currently in the database. As of August 2009, the database now contains over 80% of all issues of the Canada Gazette.”


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Consolidated Regulations

Last print consolidation, C.R.C. 1978 Electronic consolidations available, but would

not have been considered “official” NEW! Consolidations published on the

Justice Canada Laws site are “official” Revision in the future???


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Quiz time!

Question:

On the Justice Canada Laws site, how many regulations are available? 3428

As of June 15, 2010


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Other Electronic Resources for Legislation

Statute consolidations for REFERENCE purposes only

Finding judicial consideration

CanLII

LN Quicklaw

Westlaw Canada


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CanLII – Legislation upgrade


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CanLII Legislation – Currency, Point-in-Time, Note-up, Regulations – Oh my!


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CanLII – Judicial Consideration


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Judicial consideration of this section… 2 results


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LexisNexis Quicklaw


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Currency cites to Gazette…


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QL Judicial Consideration


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QL Judicial consideration of this section: … 44 cases …


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Westlaw Canada: LawSource Statute offered over time…


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The section, with currency date citing Gazette (… not as current as QL …)


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Westlaw Canada: … 39 cases citing this section … 5 secondary source refs


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Couldn’t I also do this in print?Absolutely!

Canada Statute Citator (Canada Law Book)– Good for checking to see if you have all the

amendments– Some leading citing case law (check last release

date though)

Canadian Statute Citations (Carswell Canadian Abridgment), bound volumes plus supplements


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Should I do this in print? It depends…

– Yes – If you need an “official” version of your statute at a point-in-time not covered by the “official” online resources. (Canada Justice Laws, Canada Gazette) Online services can be a reference point to help you be sure you found everything.

– Yes – if you need to show/prove the history of changes to a section of an Act

– Yes – If you need to be absolutely completely comprehensive. (Updated legislation; judicial consideration)

– Yes – If your principal/justice/supervisor says so.– Yes – If something about your online results seems odd.– Yes – If “online” is “off-line”!


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Quiz Time!

Which “reading” of a Bill in Parliament generates documents that could help you ascertain legislative intent? Second Reading!


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Helpful things

Annotated statutes: Criminal Codes (Martin’s, Tremeear’s, Gold’s, Snow’s), Bennett on Bankruptcy, etc.

Crankshaw’s Criminal Code: a goldmine for history/development of sections of the CC

Do a library catalogue search for the title of your Act. There are sometimes law reform publications that can help you get at legislative intent for amendments, etc.

Your local librarian!


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Wrap Up

Ask yourself what you are looking for?– Status of an amendment? Go To > Table of Public

Statutes; LegisInfo– Copy of the legislation for insertion in a list of authorities?

Go To > Justice Canada Laws; Official bilingual copy from Canada Gazette Pt. III (paper or .pdf); Revised and/or Annual statute volumes

– Legislative intent? Go To > Parliamentary Committee Reports and debates

– Judicial Consideration? Go To > Commercial databases– Commentary? Go To > Secondary Source material

(book, article, etc.)


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Wrap-up continued….

What is the correct official version of an Act for your issue in terms of its TIME sequence?

– Go To > Table of Public Statutes What are the CIF dates that affect the legislation you seek and

does this have an impact on you?– Go To > Table of Public Statutes

The best way to ascertain that you have the correct sequenced version of the legislation you require is to perform the research in PAPER – it is dependable, correct and an accepted authority – with online assistance!


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Thank you!

Documents

Federal Legislation Edmonton Law Libraries Association HeadStart Program June 17, 2010 Linda Harmata Edmonton Librarian Alberta Law Libraries