Sie sind auf Seite 1von 894

The Comprehensive Guide to

Legal Research,
Writing & Analysis
STUDENT EDITION
Moira McCarney, Ruth Kuras, Annette Demers
with Shelley Kierstead

The Comprehensive Guide to

Legal Research,
Writing & Analysis
STUDENT EDITION
Moira McCarney, Ruth Kuras, Annette Demers
with Shelley Kierstead

2013
Emond Montgomery Publications
Toronto, Canada

Copyright 2013 Emond Montgomery Publications Limited.


NOTICE & DISCLAIMER: All rights reserved. No part of this publication may be
reproduced in any form by any means without the written consent of Emond
Montgomery Publications. Emond Montgomery Publications and all persons involved
in the creation of this publication disclaim any warranty as to the accuracy of this
publication and shall not be responsible for any action taken in reliance on the
publication, or for any errors or omissions contained in the publication. Nothing in
this publication constitutes legal or other professional advice. If such advice is
required, the services of the appropriate professional should be obtained.
Emond Montgomery Publications Limited
60 Shaftesbury Avenue
Toronto ON M4T 1A3
http://www.emp.ca
Printed in Canada.
Reprinted September 2014.
We acknowledge the financial support of the Government of Canada through the
Canada Book Fund for our publishing activities.
Publisher, Professional division: Bernard Sandler
Director, editorial and production: Jim Lyons
Production editor: Andrew Gordon
Copy editors: Jim Lyons, Jamie Bush, Nancy Ennis, Heather Gough, Kate Hawkins,
Risa Vandersluis
Permissions editor: Nancy Ennis
Proofreader: David Handelsman
Indexer: Paula Pike
Designer: Tara Wells
Cover image: ARENA Creative / Shutterstock

Library and Archives Canada Cataloguing in Publication


McCarney, Moira, author
Comprehensive guide to legal research, writing & analysis / Moira McCarney,
RuthKuras, Annette Demers, Shelley Kierstead.
Includes index.
ISBN 978-1-55239-652-0 (pbk.)
1. Legal researchCanadaTextbooks. 2. Legal compositionTextbooks.
I. Kuras, Ruth, author II. Demers, Annette L., author III. Kierstead, Shelley,
1964-, author IV. Title. V. Title: Legal research, writing & analysis.
KE250M328 2013340.072'071C2013-907123-7
KF240.M328 2013

Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

xvii
xix

Part I Becoming a Competent Lawyer


1 Foundations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1:3

I.
II.
III.
IV.
V.
VI.
VII.

Expectations: Developing Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Competence and Competencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applying Blooms Taxonomy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cultural Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Introduction to Legal Research as a Skill of a Competent Lawyer . . . . . . . . . .
Overview of the Canadian Legal System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overview of This Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1:4
1:7
1:9
1:10
1:11
1:14
1:20

Problem Analysis: Facts and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2:1

I.
II.
III.
IV.

Dispute Analysis: Begin with the Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Preliminary Fact Assessment: Gather and Organize the Facts . . . . . . . . . . . . . .
Fact Assessment: Additional Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Frame the Legal Issues Using Keywords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 2.1

Issue Drafting: Hypothetical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

V. Preliminary Problem Analysis: Formulating a Legal Issue . . . . . . . . . . . . . . . . . . .


VI. Issue Drafting: Additional Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VII. Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2:2
2:3
2:7
2:9
2:9
2:10
2:11
2:12

Part II Legal Research


3 The Federal Law-Making Process
I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

How a Bill Becomes a Federal Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task 3.1
3 3Task 3.2
3 3Task 3.3
3 3Task 3.4
3 3Task 3.5
3 3Task 3.6

Locating an Enacted Version of a Statute in Print: Official . . . . . . . . . . . .


Locating an Enacted Version of a Statute Online: Authoritative . . . . . .
Locating an Enacted Version of a Statute Online: Official . . . . . . . . . . . .
Locating Coming into Force Online: Royal Assent . . . . . . . . . . . . . . . . . . .
Locating Coming into Force Online: Proclamation . . . . . . . . . . . . . . . . . . .
Locating Coming into Force in Print: Royal Assent or Proclamation . . .

3:3
3:4
3:11
3:11
3:12
3:15
3:16
3:17

iii

ivContents
II.

How to Track a Bill That Is Currently in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . .


Locating Recent Debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How a Regulation Becomes Law at the Federal Level . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 3.8 Finding CIF Information for Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3:18
3:22
3:25
3:27

Meaning of Official Sources, Authoritative Sources, and Unofficial


Sources of Legislation: Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3:29

Locating and Working with Federal Statutes and Regulations

. . .

4:1

I.
II.

How Federal Statutes Are Amended, Consolidated, and Revised . . . . . . . . . . .


Locating and Updating Revised and Consolidated Federal Statutes
Including Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:4

3 3Task 3.7

III.
IV.

3 3Task 4.1
3 3Task 4.2

III.

IV.
V.

Locating Historical Versions of Revised Statutes: PrintOfficial . . . . . .


Locating Current Consolidations of Revised Statutes:
OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.3 Locating Statute Amendments Using Consolidated Acts:
Onlineand PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.4 Locating Statute Amendments Using the Table of Public Statutes:
Online and PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.5 Updating a Statute Using the Canada Gazette to Locate
Recent Amendments: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Steps for Locating Regulations as Registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.6 Locating Regulations as Registered Using Official Sources
When the Name of the Regulation Is Known: Print . . . . . . . . . . . . . . . . . .
3 3Task 4.7 Locating Regulations as Registered by Citation Using
Official Sources: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Federal Regulations Are Amended, Consolidated, and Revised . . . . . . .

4:12
4:12

4:13

4:13

4:15

4:16
4:18

4:20

4:21
4:23

Locating and Updating Consolidated Regulations Including


Rules of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.8
3 3Task 4.9
3 3Task 4.10
3 3Task 4.11
3 3Task 4.12
3 3Task 4.13

VI.

Locating Current Consolidated Regulations by Title . . . . . . . . . . . . . . . . .


Locating Current Consolidated Regulations by Citation . . . . . . . . . . . . .
Locating Current Consolidated Regulations by Title of Enabling Act . .
Locating Historical Regulations: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Consolidated Regulations by Title of Enabling Act . . . . . . . . . .
Locating Amendments to Regulations Using the Amendment
Information Line: OfficialOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When to Use Prior Versions of Statutes and Regulations:


Period-in-Time Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.14 Determining Statute Amendments in Force at a Specific Period
in Time Using the Table of Public Statutes: Official . . . . . . . . . . . . . . . . . .

4:25
4:25
4:26
4:27
4:27
4:28
4:30
4:31

VIII. Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:33
4:34
4:34
4:36
4:37

3 3Task 4.17 Locating Prior Versions of Regulations Using the Title of the
Regulation: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:37

VII. Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task 4.15 Locating Prior Versions of Statutes Using Official Sources . . . . . . . . . . . .
3 3Task 4.16 Creating a Prior Version of a Statute Using Official Sources . . . . . . . . . .

Contents
v
3 3Task 4.18 Locating Prior Versions of Regulations Using the Title of the
Enabling Act: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.19 Creating a Prior Version of a Regulation Using Official Sources:
1978-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IX.
X.

4:39
4:40
4:41
4:42
4:44
4:45
4:46
4:47
4:50

4:53

4:54

4:55
4:56

Backdating Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Backdating Federal Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.20 Locating an Originating Act Using Official Sources . . . . . . . . . . . . . . . . . .
3 3Task 4.21 Locating an Originating Statute Section Using Print Sources . . . . . . . . .

XI.

Backdating Federal Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task 4.22 Locating an Originating Regulation Using Print Sources . . . . . . . . . . . . .

XII. Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task 4.23 Reading Debates: Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.24 Compiling a Full Legislative History for Statutes Passed After 2001:
Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.25 Compiling a Full Legislative History for Statutes Passed After 2003:
Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 4.26 Compiling a Full Legislative History for Statutes Passed After
the RSC 1985: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:38

XIII. Researching Private Statutes: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Researching Provincial Legislation:


AnIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-Intro:1
I.
II.

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-Intro:2
Comparison of Federal and Provincial Research Processes . . . . . . . . . . . . . . 5-Intro:2

AB Researching Provincial Legislation: Alberta . . . . . . . . . . . . . . . . . . . . . . . .


I.

3 3Task AB.2

II.
III.
IV.

5-AB:1

Law-Making Process: How an Alberta Bill Becomes a Statute . . . . . . . . . . . . 5-AB:3


3 3Task AB.1 Locating Statutes as Enacted: Official . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:6
Locating Statutes as Enacted: Queens Printer Laws Online
Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.3 Locating Statutes as Enacted: QP Source Professional
Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.4 Locating Dates for Statutes in Force on Royal Assent . . . . . . . . . . . . .
3 3Task AB.5 Locating Dates for Statutes in Force on Proclamation . . . . . . . . . . . .
3 3Task AB.6 Using the Alberta Gazette Proclamation Tables to Find CIF . . . . . . .
3 3Task AB.7 Using QP Source Professional to Find CIF . . . . . . . . . . . . . . . . . . . . . . . .
How to Track a Bill That Is Currently Before the Provincial Legislature . . . .

5-AB:7





5-AB:8
5-AB:10
5-AB:10
5-AB:11
5-AB:12
5-AB:12

Official Sources, Authoritative Sources, and Unofficial Sources


of Legislation: Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:13
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:16
3 3Task AB.8 Locating the RSA: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:17
3 3Task AB.9 Locating Amendments: Amendment Information Line . . . . . . . . . . . 5-AB:19
3 3Task AB.10 Locating Amendments: Table of Public Statutes . . . . . . . . . . . . . . . . . 5-AB:20

viContents
3 3Task AB.11 Conducting QP Source Professional Point-in-Time
Statute Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.12 CanLII: Point-in-Time Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.13 Creating a Prior Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.14 Backdating Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.15 Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.16 Obtaining Bill Status to Compile a Legislative History . . . . . . . . . . . .
3 3Task AB.17 Using the Hansard Subject Index to Obtain Bill Status . . . . . . . . . . .

V.








Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task AB.18 Locating Regulations: Alberta Gazette, Part IIPrint: Official . . . . .
3 3Task AB.19 Locating Current Consolidations of Regulations:
TitleorCitation of Enabling ActUnofficial: Online . . . . . . . . . . . . .
3 3Task AB.20 Locating Regulations as Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BC Researching Provincial Legislation: British Columbia . . . . . . . . . . . .


I.

5-AB:24
5-AB:25
5-AB:26
5-AB:27
5-AB:29
5-AB:31
5-AB:32
5-AB:33
5-AB:34
5-AB:36
5-AB:37

5-BC:1

Law-Making Process: How a Bill Becomes a British Columbia Statute . . . . 5-BC:3


Tracking the Progress of a Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:5
Locating Information to Compile a Legislative History . . . . . . . . . . . 5-BC:8
Preparing a Legislative History: Museum Act . . . . . . . . . . . . . . . . . . . . 5-BC:9
Locating a Statute as Enacted: Print and Online . . . . . . . . . . . . . . . . . 5-BC:10

3 3Task BC.1
3 3Task BC.2
3 3Task BC.3
3 3Task BC.4
3 3Task BC.5

II.
III.

Locating Regulations That Bring Statutes into Force:


Reference Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:12
3 3Task BC.6 Locating Regulations That Bring Statutes into Force:
Reference and Full Text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:14
Official, Authoritative, and Unofficial Sources of Legislation . . . . . . . . . . . . . 5-BC:15

Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:16
3 3Task BC.7 Locating Revised Statutes: PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . 5-BC:17
3 3Task BC.8 Locating Revised Statutes: OnlineBC Laws: Unofficial . . . . . . . . . . 5-BC:18
3 3Task BC.9 Locating Revised Statutes: OnlineCanLII: Unofficial . . . . . . . . . . . . 5-BC:19
3 3Task BC.10 Locating Revised Statutes Using Online Sources:
QP LegalEzeUnofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task BC.11 Locating Amendments Using Quicklaw and Westlaw . . . . . . . . . . . .
3 3Task BC.12 Locating Amendments Online Using QP LegalEze . . . . . . . . . . . . . . .
3 3Task BC.13 Conducting Point-in-Time Research: Print . . . . . . . . . . . . . . . . . . . . . . .
3 3Task BC.14 Conducting Point-in-Time Research: Online . . . . . . . . . . . . . . . . . . . . .
3 3Task BC.15 Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IV.

Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task BC.16
3 3Task BC.17
3 3Task BC.18
3 3Task BC.19
3 3Task BC.20
3 3Task BC.21
3 3Task BC.22

Using the Index of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Locating Regulations Online: Unofficial . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Regulations Online: Full TextUnofficial . . . . . . . . . . . . . . .
Locating CIF Information for Regulations . . . . . . . . . . . . . . . . . . . . . . .
Locating Consolidated Regulations Using CanLII . . . . . . . . . . . . . . . .
Locating Consolidated Regulations Online: QP LegalEze . . . . . . . . .
Point-in-Time Regulation Research Online: QP LegalEze . . . . . . . . . .

5-BC:20
5-BC:23
5-BC:24
5-BC:26
5-BC:27
5-BC:28
5-BC:31
5-BC:32
5-BC:34
5-BC:35
5-BC:36
5-BC:37
5-BC:38
5-BC:40

Contents
vii

MB Researching Provincial Legislation: Manitoba . . . . . . . . . . . . . . . . . . . . . 5-MB:1


I.

Note: Proposed Changes to Manitoba Legislation Affecting


the Research Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:3
Law-Making Process: How a Bill Becomes a Manitoba Statute . . . . . . . . . . . 5-MB:5
3 3Task MB.1

II.
III.
IV.

Locating the Enacted Version of a Statute: Print and Online


Official and Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.2 Locating CIF Dates for Statutes Coming into Force
on Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.3 Using Interpretive Statutes If No CIF Provision Is Available . . . . . . .
3 3Task MB.4 Locating CIF Dates for Statutes Coming into Force
on Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.5 Locating CIF Dates for Statutes in Force on Proclamation: Print . . .
How to Track a Bill Currently Before the Provincial Legislature . . . . . . . . . . .
Official and Unofficial Sources of Legislation: Guide to Publications . . . . .

5-MB:10
5-MB:10



5-MB:11
5-MB:13
5-MB:14
5-MB:14

Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:17
3 3Task MB.6 Locating Revised and Consolidated Manitoba Statutes . . . . . . . . . . 5-MB:21
3 3Task MB.7

V.

5-MB:7

Using the Amendment Information LineOnline Consolidation


or Print CCSM (Unofficial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.8 Using the Information Table (CCSM) in Print
to Find Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.9 Conducting Point-in-Time Research: Manitoba LawsOnline . . . .
3 3Task MB.10 Conducting Point-in-Time Research: CanLIIOnline . . . . . . . . . . . . .
3 3Task MB.11 Creating an Earlier Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.12 Locating an Originating (Parent) Act: Official . . . . . . . . . . . . . . . . . . . .
3 3Task MB.13 Locating an Originating Statute Section: Official . . . . . . . . . . . . . . . . .
3 3Task MB.14 Finding the Status of a Bill Currently or Recently Before
the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.15 Finding the Status of a Bill for Statutes Passed After 1999:
Legislative Assembly of ManitobaOnline . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.16 Finding the Status of a Bill Using Print Resources:
Debates and Proceedings (Hansard) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.17 Finding the Status of a Bill: Journals of the Legislative Assembly
of ManitobaPrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Working with Manitoba Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.18 Locating Regulations as Registered Using Official Sources:
The Manitoba GazettePrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task MB.19 Locating Historical Revisions of Regulations: OfficialPrint . . . . . .
3 3Task MB.20 Locating Current Regulations as Amended When the Title
of the Enabling Act Is Known: OfficialPrint . . . . . . . . . . . . . . . . . . . .
3 3Task MB.21 Locating Current Consolidations of Regulations When the
Title of the Enabling Act Is Known: UnofficialOnline . . . . . . . . . . .
3 3Task MB.22 Locating Current Consolidations of Regulations When Only the
Title or Citation to the Regulation Is Known: OnlineUnofficial . .
3 3Task MB.23 Determining Regulation Amendment Status Using the
Amendment Information Line: Online . . . . . . . . . . . . . . . . . . . . . . . . . .

5-MB:22





5-MB:24
5-MB:28
5-MB:29
5-MB:30
5-MB:32
5-MB:33

5-MB:35
5-MB:37
5-MB:38
5-MB:39
5-MB:40
5-MB:42
5-MB:47
5-MB:48
5-MB:49
5-MB:50
5-MB:51

viiiContents
3 3Task MB.24 Creating a Prior Version of a Regulation: 2000 to the Present
Unofficial: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:53
3 3Task MB.25 Creating a Prior Version of a Regulation: OfficialPrint . . . . . . . . . . 5-MB:54
3 3Task MB.26 Locating an Originating Regulation: Official . . . . . . . . . . . . . . . . . . . . . 5-MB:56

NB Researching Provincial Legislation: New Brunswick . . . . . . . . . . . . . .


I.

How a New Brunswick Bill Becomes a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:3


3 3Task NB.1

II.
III.
IV.

Locating the Enacted Version of a Statute:


Print and OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.2 Finding a Specific CIF Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.3 Finding a CIF Date When a Statute Is Silent . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.4 Locating CIF Information for Statutes in Force on Proclamation:
2000 OnOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.5 Locating CIF on Proclamation: Print Search . . . . . . . . . . . . . . . . . . . . . .
How to Track a Bill That Is Currently Before the Provincial Legislature . . . .
3 3Task NB.6 Tracking a Bill That Is Currently Before the Legislature . . . . . . . . . . .

VI.

5-NB:5
5-NB:7
5-NB:8



5-NB:8
5-NB:10
5-NB:11
5-NB:11

Official and Unofficial Sources of Legislation: Guide to Legislative


Publications in NewBrunswick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:11
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:15
3 3Task NB.7 Locating Revised and Consolidated Statutes: Print and Online . . . 5-NB:17
3 3Task NB.8

V.

5-NB:1

Locating CIF Information Using the Consolidated Version


of Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.9 Locating the Amendment Information Line . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.10 Using the Table of Public Statutes to Find Amendment
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.11 Conducting Point-in-Time Statute Research . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.12 Creating a Prior Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.13 Locating a Statutes Originating (Parent) Act . . . . . . . . . . . . . . . . . . . .
3 3Task NB.14 Locating an Originating Act of a Statute Amendment . . . . . . . . . . . .
3 3Task NB.15 Formatting a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.16 Constructing a Legislative History2000 On . . . . . . . . . . . . . . . . . . . .
Working with New Brunswick Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.17 Finding Regulations as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.18 Finding Regulations as Filed: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.19 Locating Consolidated Regulations: Online . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.20 Locating Regulation Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.21 Conducting Point-in-Time Regulations Research:
OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NB.22 Creating a Prior Version of a Regulation Manually Using
Official Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NB:18
5-NB:20











5-NB:21
5-NB:23
5-NB:24
5-NB:26
5-NB:27
5-NB:29
5-NB:30
5-NB:31
5-NB:32
5-NB:33
5-NB:35
5-NB:36

5-NB:38
5-NB:38
5-NB:40

Contents
ix

NL Researching Provincial Legislation:


Newfoundland and Labrador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I.

How a Newfoundland and Labrador Bill Becomes a Statute . . . . . . . . . . . . . . 5-NL:3


3 3Task NL.1
3 3Task NL.2

II.

III.
IV.

V.

Locating the Enacted Version of a Statute:


Print and OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:6
Locating CIF Information for Statutes Brought into Force
by Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:10

How to Track a Bill Currently Before the Newfoundland and


Labrador House of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:12
3 3Task NL.3 Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:13
Official and Unofficial Sources of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:15
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:16
3 3Task NL.4 Locating Consolidated Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:18
3 3Task NL.5 Locating Statute Amendments: Amendment Information Line . . . 5-NL:19
3 3Task NL.6 Locating Statute Amendments: Table of Public Statutes . . . . . . . . . . 5-NL:20
3 3Task NL.7 Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:24
Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:25
3 3Task NL.8 Locating a Regulation as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:27
3 3Task NL.9

Locating a Regulation as Filed: Online


House of Assembly Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NL.10 Locating a Regulation CIF Date in the Annual Register
of Subordinate Legislation: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task NL.11 Locating Consolidated Regulations: Online . . . . . . . . . . . . . . . . . . . . .
3 3Task NL.12 Using the Point in Time Table of Regulations:
Houseof Assembly Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NS Researching Provincial Legislation: Nova Scotia . . . . . . . . . . . . . . . . . .


I.

III.
IV.

V.

5-NL:27
5-NL:29
5-NL:31
5-NL:35
5-NS:1

How a Bill Becomes a Nova Scotia Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:3


Locating Statutes as Enacted: Print and Online . . . . . . . . . . . . . . . . . . 5-NS:5
Locating the CIF Date on Royal Assent or Specified Date . . . . . . . . . 5-NS:8
Locating the CIF Date on Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:9
How to Track a Bill Currently Before the Provincial Legislature . . . . . . . . . . . 5-NS:11
3 3Task NS.4 Tracking a Bill: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:11
Official Sources and Unofficial Sources of Legislation:
Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:15
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:18
3 3Task NS.5 Locating Revised and Consolidated Statutes . . . . . . . . . . . . . . . . . . . . 5-NS:21
3 3Task NS.6 Locating Amendment Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:22
Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:26
3 3Task NS.7 Finding Regulations as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:27
3 3Task NS.8 Finding Regulations as Filed: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:28
3 3Task NS.1
3 3Task NS.2
3 3Task NS.3

II.

5-NL:1

xContents
ON Researching Provincial Legislation: Ontario
I.

Law-Making Process: How an Ontario Bill Becomes a Statute . . . . . . . . . . . . 5-ON:3


Researching Committee Proceedings and Reports . . . . . . . . . . . . . . . 5-ON:5

3 3Task ON.1
3 3Task ON.2

II.

III.
IV.

Locating the Enacted Version of a Statute:


Online and PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.3 Locating Statutes in Force on Royal Assent: Online and Print . . . . .
3 3Task ON.4 Locating Statutes in Force on Proclamation:
2000 and OnOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.5 Locating Statutes in Force on Proclamation: Print . . . . . . . . . . . . . . . .
How to Track a Bill That Is Currently Before the Provincial Legislature . . . .
3 3Task ON.6 Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.7 Finding the Status of Bills Passed After 1999: Online . . . . . . . . . . . . .
3 3Task ON.8 Finding the Status of Bills Passed Before 2000: Print . . . . . . . . . . . . .

5-ON:7
5-ON:9





5-ON:10
5-ON:11
5-ON:13
5-ON:13
5-ON:15
5-ON:16

Official Sources, Authoritative Sources, and Unofficial Sources


of Legislation: Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-ON:17
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-ON:20
3 3Task ON.9

V.

. . . . . . . . . . . . . . . . . . . . . . . 5-ON:1

Locating Historical Revisions of Statutes:


Online and PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.10 Using the Amendment Information Line: Online and Print . . . . . . .
3 3Task ON.11 Updating Ontario Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.12 Conducting PIT Statute Research on E-Laws:
2004 and OnOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.13 Creating a Prior Version of a Statute: 2000-2004Official . . . . . . . .
3 3Task ON.14 Conducting PIT Research Using Print Sources:
1999 and EarlierOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.15 Locating an Originating (Parent) Act Using the Print Versions
of the RSO and the SOOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.16 Locating an Originating (Parent) Act Using the Print Versions
ofthe Table of Public Statutes: Official/Authoritative . . . . . . . . . . . . .
Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.17 Finding Regulations as Registered Using Official Sources:
2000 and OnOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.18 Finding Regulations as Registered Using Official Sources:
Ontario GazetteOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.19 Finding Regulations as Published Using Official Sources:
Ontario GazettePrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.20 Locating the RRO 1990: Online and Print . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.21 Determining a Regulations Amendment Status Using
the Amendment Information Line: Online . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.22 Locating an Amending Regulation Using the Consolidated
Regulations - Detailed Legislative History: Online . . . . . . . . . . . . . . .
3 3Task ON.23 Updating Ontario Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.24 Conducting PIT Regulation Research on E-Laws:
2004 and OnOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task ON.25 Creating a Prior Version of a Regulation Online:
2000-2004Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-ON:21
5-ON:22
5-ON:25
5-ON:26
5-ON:27
5-ON:28
5-ON:29
5-ON:31
5-ON:32
5-ON:33
5-ON:34
5-ON:35
5-ON:39
5-ON:40
5-ON:40
5-ON:42
5-ON:43
5-ON:44

Contents
xi
3 3Task ON.26 Locating Amendments to Regulations Before 2000:
PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-ON:46
3 3Task ON.27 Locating the Original Version of a Regulation Using
Official Sources: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-ON:47

PE Researching Provincial Legislation: Prince EdwardIsland . . . . . . .


I.

5-PE:1

Law-Making Process: How a PEI Bill Becomes a Statute . . . . . . . . . . . . . . . . . . . 5-PE:3


3 3Task PE.1

II.
III.

Locating Statutes as Enacted: Print and Online


Official and Unofficial Versions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.2 Locating Dates for Statutes in Force on Royal Assent . . . . . . . . . . . . .
3 3Task PE.3 Locating Dates for Statutes in Force on Proclamation . . . . . . . . . . . .
Official and Unofficial Sources of Legislation: Guide to Publications . . . . .

Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-PE:18
3 3Task PE.4

IV.

5-PE:9
5-PE:10
5-PE:10
5-PE:14

Locating the RSPEI: Historical and Current


Consolidated Versions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.5 Locating Amendments: Amendment Information Line . . . . . . . . . . .
3 3Task PE.6 Locating Amendments: Table of Public Acts . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.7 Updating PEI Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.8 Using CanLII for Point-in-Time Statute Searches . . . . . . . . . . . . . . . . .
3 3Task PE.9 Creating a Prior Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.10 Locating an Originating (Parent) Act: PrintOfficial . . . . . . . . . . . . .
Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task PE.11 Locating Regulations: Royal GazetteOfficial . . . . . . . . . . . . . . . . . . .
3 3Task PE.12 Locating Current Consolidations of Regulations: Online . . . . . . . . . .

QC Researching Provincial Legislation: Quebec . . . . . . . . . . . . . . . . . . . . . . .

5-PE:20
5-PE:21
5-PE:22
5-PE:24
5-PE:25
5-PE:26
5-PE:27
5-PE:28
5-PE:29
5-PE:31

5-QC:1

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:3
Definition and Scope of Quebec Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:3
The Civil Code of Qubec (CCQ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:7
3 3Task QC.1 Researching the Civil Code of 1866 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:7
IV. How a Bill Becomes Law in Quebec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:10
3 3Task QC.2 Conducting a Bill Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:12
V. Locating Official Versions of Quebec Statutes and Regulations . . . . . . . . . . 5-QC:17
VI. Locating and Working with Quebec Law as Enacted . . . . . . . . . . . . . . . . . . . . . 5-QC:17
3 3Task QC.3 Locating CIF Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:20
VII. Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:21
3 3Task QC.4 Using the Amendment Information Line . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:23
VIII. Steps for Locating Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:25
3 3Task QC.5 Finding Regulations: GazetteOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:26
IX. How Quebec Regulations Are Created, Amended, Consolidated,
and Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:28
3 3Task QC.6 Updating Quebec Regulations Using Print and Online Sources . . . 5-QC:30
3 3Task QC.7 Locating Amendments: Amendment Information Line . . . . . . . . . . . 5-QC:32
X. Code of Civil Procedure: CourtRules and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:33
I.
II.
III.

xiiContents
XI.

Locating the Legislative History of Quebec Statutes and Regulations . . . 5-QC:34


3 3Task QC.8

Compiling a Legislative History: Backdating Quebec Statutes


and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:34
3 3Task QC.9 Locating Bill Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:35
XII. Quebec Judicial System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:37
XIII. Researching Quebec and Civil-Law Legal Encyclopedias, Texts,
Theses, and Law Review Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:38
XIV. Researching Quebec Judicial Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:43

SK Researching Provincial Legislation: Saskatchewan . . . . . . . . . . . . . . .


I.

5-SK:1

Law-Making Process: How a Saskatchewan Bill Becomes a Statute . . . . . . 5-SK:3


3 3Task SK.1

II.

III.

Locating the Enacted Version of a Statute:


Print (Official) and Online (Authoritative) . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task SK.2 Determining the CIF Date of a Statute That Comes into Force
by Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How to Track a Bill That Is Currently Before the Provincial Legislature . . . .
3 3Task SK.3 Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task SK.4 Preparing a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task SK.5 Locating an Originating Statute (Backdating) . . . . . . . . . . . . . . . . . . . .

5-SK:5
5-SK:7
5-SK:8
5-SK:9
5-SK:10
5-SK:12

V.

Official Sources, Authoritative Sources, and Unofficial Sources


of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-SK:13
Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-SK:13
3 3Task SK.6 Locating Statute Amendments: Information Amendment Line . . . 5-SK:15
3 3Task SK.7 Locating Statute Amendments: Table of Public StatutesOnline . . 5-SK:16
Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-SK:19

Locating and Working with Judicial Decisions . . . . . . . . . . . . . . . . . . . . . . .

6:1

I.
II.

Primary Law: The Interaction of Legislation and Judicial Decisions . . . . . . . .


Publication and Dissemination of Judicial Decisions:
Official, Authoritative, and Unofficial Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Decisions Citation Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Judicial Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6:3

6:4
6:7
6:14
6:15
6:16
6:17
6:17
6:18
6:19
6:19
6:20
6:22
6:23
6:23

IV.

III.
IV.

3 3Task 6.1
3 3Task 6.2
3 3Task 6.3
3 3Task 6.4
3 3Task 6.5
3 3Task 6.6
3 3Task 6.7
3 3Task 6.8
3 3Task 6.9
3 3Task 6.10
3 3Task 6.11
3 3Task 6.12

Print Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CanLII Database Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quicklaw Source Directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Westlaw Directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CanLII Field Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Westlaw Field Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quicklaw Field Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Using Search Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Noting Up on CanLII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Noting Up on Westlaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Noting Up on Quicklaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Leave to Appeal Decisions on the SCC Website, CanLII,
and Quicklaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6:24

Contents
xiii

7 Researching Secondary Sources of Law


I.
II.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7:1

Relationship Between Primary and Secondary Source Law . . . . . . . . . . . . . . . .


Generating a Topic Search Using Secondary Sources:
Start with Facts, Issues, and Keywords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7:3

3 3Task 7.1
3 3Task 7.2

Research Hypothetical Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Fact, Issue, and Keyword Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
III. Locating Case Law by Topic: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.3 Using the CED to Find Primary Law: Print . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.4 Using the CED to Find Primary Law: Online . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.5 CED Online: Subtopic Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.6 Using the CED Online to Link to Primary Law . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.7 Using HLC to Locate Primary Law: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.8 Using HLC to Link to Primary Law: Online . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.9 Using Case Law Digests to Locate Judicial Decisions: Print . . . . . . . . . . .
3 3Task 7.10 Using the Abridgment to Link to Judicial Decisions: Online . . . . . . . . . .
3 3Task 7.11 Using the Canada Digest to Conduct a Case Digest Topic Search:
Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.12 Using the Canada Digest to Locate Judicial Decisions: Online . . . . . . . .
IV. Locating Primary Law by Name or Legal Citation . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.13 Structuring a Search Using Primary Law Keywords or Citations . . . . . .
3 3Task 7.14 CanLII: Locating Judicial Decisions by Keyword Search . . . . . . . . . . . . . .
3 3Task 7.15 CanLII: Locating Legislation by Keyword Search . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.16 Canadian Abridgment: Consolidated Table of Cases
Locating Judicial Decisions in Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.17 Westlaw: Locating Judicial Decisions Using aKeyword Search
Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
V. Noting Up Primary Law: Judicial DecisionsPrint and Online . . . . . . . . . . . . .
3 3Task 7.18 Noting Up Judicial Decisions Using Canadian Abridgment:
Canadian Case CitationsPrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.19 Westlaw: Noting Up Cases Using KeyCite . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.20 Quicklaw: Noting Up Cases Using QuickCITE . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.21 CanLII: Finding Judicial Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VI. Noting Up Primary Law: LegislationPrint and Online . . . . . . . . . . . . . . . . . . . .
3 3Task 7.22 Canadian Abridgment: Noting Up Legislation UsingCanadian
Statute CitationsPrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.23 Canada Statute Citator and Ontario Statute Citator . . . . . . . . . . . . . . . . .
3 3Task 7.24 Noting Up Statutes: Westlaw CanadaOnline . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.25 Noting Up Legislation: Westlaw Canada and LexisNexis
QuicklawOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VII. Using Secondary Sources to Locate Unreported Judicial Decisions . . . . . . . .
VIII. Legal Commentary, Periodicals, Treatises, and Texts . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.26 Locating Commentary, Case, and Legislative Comments:
Using the Canadian AbridgmentICLL: Print . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.27 Using LexisNexis Quicklaw to Find Journal Articles and
Case Commentary: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 7.28 Using Westlaw to Find Journal Articles and Case Commentary:
Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7:4
7:4
7:5
7:7
7:9
7:10
7:11
7:12
7:13
7:14
7:16
7:17
7:19
7:20
7:23
7:23
7:24
7:25
7:27
7:28
7:29
7:30
7:31
7:32
7:33
7:35
7:35
7:37
7:38
7:39
7:40
7:40
7:42
7:43
7:44

xivContents

8
I.
II.

3 3Task 7.29 Using HeinOnline to Find Journal Articles . . . . . . . . . . . . . . . . . . . . . . . . . .


3 3Task 7.30 Using CanLII to Find Commentary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7:45
7:47

Introduction to International and Foreign Legal Research


in a Canadian Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8:1

The Meaning of Foreign, PrivateInternational, and


PublicInternational Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Researching Foreign Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 8.1
3 3Task 8.2

III.
IV.

9
I.

Finding Foreign Law Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Using a Library Catalogue Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Private International Law Research: Conflict of Laws . . . . . . . . . . . . . . . . . . . . . . .
Public International Law Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 8.3 Locating Treaties to Which Canada Is a Signatory . . . . . . . . . . . . . . . . . . .
3 3Task 8.4 Using the United Nations Treaty Collection Advanced Search . . . . . . . .
3 3Task 8.5 Determining a Reservation to a Treaty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal Research: Creating a Plan and Maintaining a Record

. . . . . . .

The Role of Legal Research in Law School and in Professional Practice . . . .


3 3Task 9.1
3 3Task 9.2

Research Plan and Research Log Protocol . . . . . . . . . . . . . . . . . . . . . . . . . .


Research Plan and Log: Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8:2
8:5
8:6
8:7
8:8
8:9
8:10
8:12
8:17
9:1
9:2
9:8
9:10

Part III Legal Analysis


10 Foundations of Statutory and Case Analysis . . . . . . . . . . . . . . . . . . . . . . . . .
I.
II.

III.
IV.
V.
VI.

11 Developing Legal Arguments


I.
II.

10:3

Legal Analysis: Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:4


Analysis of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:5
3 3Task 10.1 Applying Rules of Statutory Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . 10:8
3 3Task 10.2 Developing a Systematic Approach to Statutory Interpretation . . . . . . 10:13
Case Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:14
3 3Task 10.3 Case Briefing Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:17
Policy, Legislation, and Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:20
Critical Perspectives on Case Law and Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 10:22
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11:1

Purpose of a Legal Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:2


Developing Arguments Through Inductive and Deductive Reasoning:
An Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:3
3 3Task 11.1 Inductive and Deductive Reasoning Hypothetical . . . . . . . . . . . . . . . . . . . 11:6
3 3Task 11.2 Case Brief: Rowe v Canning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:9
3 3Task 11.3 Case Brief: Fleming v Atkinson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:13
3 3Task 11.4 Case Brief: Bujold v Dempsey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:15
3 3Task 11.5 Case Brief: Spanton v Laviolette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:17
3 3Task 11.6 Case Brief: Ruckheim v Robinson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:20
3 3Task 11.7 Creating a Comparison Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:22
3 3Task 11.8 Legal Syllogism Format: Issue 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:33
3 3Task 11.9 Legal Syllogism Format: Issue 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:34

Contents
xv

Part IVCommunication: Legal Writing


12 Legal Writing: Organizing Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I.

II.
III.

12:3

Overview: Therapeutic Considerations of Audience, Purpose, and Tone . . .


3 3Task 12.1 Opinion Letter: Consider the Audience . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3Task 12.2 Factum Drafting: Consider the Tone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12:4
12:9
12:11
Plain Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:12
Applying Citation Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:20

13 Vehicles of Legal Communication

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13:1

Overview: Contrasting Objective Writing with Persuasive Writing . . . . . . . . . 13:2


Memorandum of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:3
3 3Task 13.1 Essential Components of a Memorandum of Law . . . . . . . . . . . . . . . . . . . 13:4
3 3Task 13.2 Organizational Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:9
III. Letter of Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:10
3 3Task 13.3 Letter of Opinion Checklist: Content and Form . . . . . . . . . . . . . . . . . . . . . . 13:13
IV. Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:14
3 3Task 13.4 Preparing Affidavits: Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:15
V. Case and Legislative Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:16
3 3Task 13.5 Case Comment Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:18
3 3Task 13.6 Legislative Comment Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:18
VI. Factum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:19
3 3Task 13.7 Theory and Theme: Building the Foundation for Legal Argument . . . . 13:21
VII. Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:25
I.
II.

Part VApplying Legal Skills to Legal Practice


14 Transitioning from Classroom to Courtroom
I.
II.
III.
IV.
V.

. . . . . . . . . . . . . . . . . . . . . . . .

Legal Clinics at Law Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Preparing for Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overview of the Clients Legal Issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning Outcomes for Student Volunteers at a Legal Clinic . . . . . . . . . . . . . . .
Work Plan Overview: Civil File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .






3 3Task 14.1 Preparing for a Trial or Hearing: Planning Checklist . . . . . . . . . . . . . . . . . .

14:3
14:4
14:12
14:20
14:21
14:23
14:35

Appendixes
Appendix A: Sample Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix B: Academic Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix C: Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A:3

B:1

C:1

IN:1

CR:1

Preface
At the Faculty of Law, University of Windsor, legal skills training has been an
important component of the curriculum for many years. A legal writing program
was identified as a first-year requirement in 1969, even before the law school had
a physical home. Currently, successful completion of a mandatory legal writing
and research course, which introduces legal research methodologies, analysis,
writing, and oral advocacy, is required of all first-year law students. Upper-year
students can supplement their skills education with additional coursework, including advanced legal research.
The first-year course has been taught by many faculty since its inception. In
recent years, the program has been further developed by Ruth Kuras and Moira
McCarney, both of whom joined the faculty in the mid-1990s.
Building on the work of their predecessors, along with Ruths knowledge in
fostering academic success, and Moiras additional expertise in education and
course design, together they developed what is colloquially known as the LRW
manual. In the developmental process for more than a decade, it includes explanatory notes, tools, problems, and assignments, and forms the basis for this
guide, which has been created to assist students in acquiring the essential competencies associated with legal research, problem solving, and communication.
Now, for the first time, this resource is being made available in an expanded
form to others interested in legal writing and research across Canada. The materials have been rounded out with updated research chapters prepared by Annette Demers, Acting Law Librarian at the Paul Martin Law Library, whose vision
provided the impetus for the launch of this project, and a team of legal research
experts from across the country. We are indebted to the contributions of authors
Nadine Hoffman, Christine Press, and Kim Clarke from Alberta; Donna Sikorsky
from Manitoba; Michle LeBlanc from New Brunswick; Jennifer Adams from
Nova Scotia; Lucie Rebelo from Quebec; Greg Wurzer from Saskatchewan; and
Laurie Brett for her contribution to the British Columbia chapter.
This work has benefited significantly from the contribution of Professor Shelley
Kierstead of Osgoode Hall Law School, York University. Professor Kierstead, a
renowned expert in the field of legal research and writing, conducts cutting-edge
research in the field. Through her research expertise, and her experience teaching
xvii

xviiiPreface

legal research and writing to law students in Canada, Professor Kierstead has
enriched these materials extensively.
The final contributor to the team is Rose Faddoul, a practising lawyer for
many years, who is currently Review Counsel at Community Legal Aid, a legal
aid clinic at the Faculty of Law, University of Windsor. In her position as Review
Counsel, she helps students transfer the learning they have received in law school
to legal practice.
The authors are also grateful to the following individuals for their valuable
technical advice: Richard Sage, Research Librarian, Legislative Library of the
Legislative Assembly of Ontario; and Ingrid Ludchen, Chief Legislative Editor,
Legislative Editing and Publishing Services Section of the Department of Justice.
This guide could not have been completed without the efforts of our outstanding student researchers. Not only did they undertake numerous assigned tasks in
a professional manner, as the project developed they provided insightful ideas
from the perspective of the student learner, many of which we incorporated into
the final text. We owe a debt of gratitude to law students Chuck Andary, Noah D.
Schein, Andrew McLean, Erika Ramage, and Timothy Morris, together with all
the students who contributed to earlier versions of the manual.
The authors thank and acknowledge the funding support of the Faculty of Law
at the University of Windsor and the Law Foundation of Ontario to this project.
However, the author teams vision to create a distinctive work of benefit to law
students and lawyers could not have been realized without Paul Emond and his
team at Emond Montgomery Publications. At its inception, Paul encouraged us,
thoughtfully listened to our ideas, and ultimately gave the go-ahead.
Our sincerest thanks go to Bernard Sandler, Ruth Epstein, and Debbie Hogan.
Bernards extraordinary attention to every aspect of the books development is
truly appreciated. His dedication to the work and his willingness to problemsolve with us on issues as they arose smoothed the development process. Moreover, his unflagging support for the work as it progressed inspired our efforts.
Ruths contributions to the project at critical junctures were very much appreciated,
while Debbies creative ideas and enthusiasm facilitated the journey to print.
The author team believed that to engage the reader, the form of the book must
promote the understanding of its content. The editorial and production team
translated and integrated our ideas into a product that exceeded our expectations.
We thank Tara Wells for her inspired creative design, Nancy Ennis for her tireless
efforts in securing permission to use the numerous sources that appear in the
text, and David Handelsman for his indefatigable proofreading.
Finally, we are profoundly indebted to Jim Lyons for his rigorous oversight
that ensured the highest standard for this work.

Foreword
By The Honourable Thomas A. Cromwell, Supreme Court of Canada
When I took legal research and writing as a law student in the early 1970s, the
course seemed mostly concerned with learning the difference between round
and square brackets and finding ones way around the library. Of course, there
was also a memo to do on some impenetrable problem designed, it seemed at the
time, to show that we could neither think nor write.
How times have changed. Legal research and writing courses now expose
students to a vast world of legal materials, help develop their skills of analysis and
clear expression and introduce them to professional interactions with clients,
opposing parties and tribunals.
This, of course, is as it should be. Every good lawyer needs to be able to research effectively, write clearly and analyze insightfully. While to some extent
there is more art than science in this domain, nonetheless some core competencies can be taught and learned. And they should be taught and learned in the
context of what lawyers do and what their professional responsibilities are.
The authors of this new work set out to facilitate and systematize both the
teaching and the learning of legal research, writing and analysis. Their efforts, it
is my pleasure to report, constitute a significant and welcome addition to the
available materials.
The authors approach is thorough, well organized and detailed. They go beyond the merely technical to address matters such as how to elicit facts, build a
research plan, construct effective legal arguments and write clear and compelling
opinions and submissions. They invite the reader to reflect on the lawyers role
and on matters of professional responsibility. They offer help with making the
transition from the classroom to law school legal clinics and to practice. This
book has a wide sweep and deep coverage.
In short, I envy the chance that current law students and professionals will
have to benefit from the breadth and depth of this book.
Thomas A. Cromwell
Ottawa
7 July 2013
xix

Part I

Becoming a
Competent Lawyer
Chapter 1 Foundations
Chapter 2

Problem Analysis: Facts and Issues

Foundations

Contents
I. Expectations: Developing Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:4
II. Competence and Competencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:7
III. Applying Blooms Taxonomy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:9
IV. Cultural Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:10
V.

Introduction to Legal Research as a Skill of a Competent Lawyer . . . . . . . . . . . . . . 1:11


A. The Role of Legal Research in Law School and in Professional Practice . . . . . . . . . . . . . . . 1:12
B. The Legal Research Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:12

VI. Overview of the Canadian Legal System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:14


A.
B.
C.
D.

Canadas Bijural Legal System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


The Common-Law System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Civil-Law System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overview of Court Structure in Canada: Federal and Provincial . . . . . . . . . . . . . . . . . . . . . .

1:14
1:14
1:16
1:16

VII. Overview of This Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:20

1:3

1:4

Part I Becoming a Competent Lawyer

Learning Outcomes
By the end of this chapter, you should be able to:

Appreciate the expectations for legal competence within the practice


oflaw

Identify how the acquisition of skills, abilities, and knowledge





contributes to legal competence


Appreciate why cultural competence can be considered an essential
legal competency
Understand the significance of legal research in law school and
professional practice
Understand the legal research process
Understand the structure of the Canadian legal system

This chapter introduces two topics that are foundational for the activities in this
text, and the practice of law generally. The first section considers the meaning of
legal competence and how it infuses the study and practice of law. The second
section describes the Canadian legal system and explains the development of the
system of laws that will be discussed in later chapters.

I. Expectations: Developing Competence


Law is a self-governing profession that serves the public interest. To be accepted
into the legal profession, aspiring lawyers are assessed on their competence to
practise law. Moreover, throughout the duration of their practice, lawyers must
demonstrate that they are maintaining their competence.
Practising law is not a right; it is a privilege accompanied by obligations. For
example, lawyers must understand that:
Colleagues drawn from their professional ranks are authorized to establish
competence standards of practice that all members of the profession are
required to meet.
Lawyers have a duty to inform their governing body of the activities they
have undertaken to maintain competence.
Lawyers have a professional obligation to educate themselves about current
developments and best practices in the profession.

Chapter 1 Foundations

1:5

In the event of complaints, lawyers work is subject to review by their governing body.
Lawyers who fail to maintain minimum competence standards may be
provided with advice and directed to take remedial action. The most severe
sanction is disbarment, which occurs when, for the protection of the public,
the lawyers governing body revokes the lawyers licence to practise law.
Similarly, law students work will be subject to correspondingly intense scrutiny
at times. It is not just graded results, such as those obtained from written examinations, that assess competence. The practice of law requires the completion of
numerous multi-faceted tasks, frequently in the context of dispute avoidance or
dispute resolution. Law students will have opportunities to undertake activities
that demonstrate their ability to apply their developing knowledge, and in these
instances it is their preparation, methods chosen, processes followed, choices
made, and judgments and decisions reached that will be reviewed and evaluated.
Within this framework, the question remains: What is competence and how do
you achieve it? At the beginning of your legal studies, it may be difficult to give
meaning to the concept of competence and identify the steps required to reach
this goal. Previous educational experiences will have shown that disciplined study,

BECOMING A COMPETENT LAWYER

Understanding
Competence

Competencies

Skills + Knowledge
p Task

Federation of Law
Societies Report
Problem Solving
Legal Research
Oral and Written
Communication

FIGURE 1.1

Becoming a Competent Lawyer

Developing
Competence

Cultural
Competence

Individual

Group

1:6

Part I Becoming a Competent Lawyer

facilitated by those with expert knowledge, is essential to achieving an understanding of any given subject. But how does one establish professional competence
that meets the standard necessary to maintain public service and protection?
Law societies, created through legislation, identify in general terms the areas
of competence expected of lawyers who practise under their jurisdiction. Professional competence guidelines can be found on law society websites.1 Recently, the
Federation of Law Societies of Canada examined this issue from a national perspective. Its recommendations are found in the final report of the Task Force on
the Canadian Common Law Degree.2 Included in the report is a recommendation
to establish a uniform national requirement for entry to bar admission programs.
This would require applicants to demonstrate the range of competencies illustrated in Figure 1.2, in skills, ethics and professionalism, and substantive legal
knowledge. Implementation of the task force recommendations continues to be
discussed.3

SKILLS
Problem Solving

ETHICS AND PROFESSIONALISM


Substantive Legal Knowledge

Legal Research

Foundations
of Law

Public Law
of Canada

Private Law
Principles

Oral & Written Legal


Communication
FIGURE 1.2 Federations Proposed Competency Requirements for
Bar Admission Applicants

1 See e.g. Ontarios Rules of Professional Conduct can be found at <http://www.lsuc.on.ca/


with.aspx?id=671>. Other provincial law society competence guidelines are available online.
2 Final Report (October 2009) at 7-9, online: <http://www.flsc.ca/_documents/Common-Law-Degree
-Report-C(1).pdf>.
3 See Federation of Law Societies of Canada, Common Law Degree Implementation Committee,
Final Report (August 2011), online: <http://www.flsc.ca/_documents/Implementation-Report-ECC
-Aug-2011-R.pdf>.

Chapter 1 Foundations

1:7

II. Competence and Competencies


The meaning of a competency may be better understood by considering the
following working definition.
A competency can be defined as a combination of skills, abilities, and knowledge
needed to perform a specific task.4

To achieve competence, law students must develop a set of competencies, or


requisite tools, that frame the practice of law. Competencies develop from interactive experiences where skills, abilities, and knowledge integrate to form new
learning, which can then be applied to specific legal problems. The skills-based
competencies identified by the Task Force on the Canadian Common Law Degree
are shown in Figure1.3.
How do law students ensure that the choices they make during law school will
lead to the development of necessary competencies? For example, one of the
Federations problem-solving competencies is the ability to identify relevant
facts. At first glance, achieving this competency appears straightforward. Fact
assessment is required in many law school courses; evaluation of this competency
typically occurs through the use of hypothetical examination questions where
students apply the law to a novel set of facts.
However, does success on a law school hypothetical examination question
transfer directly to competency in fact assessment in a client interview, such as a law
student would experience as a volunteer in a live-client clinic setting? Not necessarily. In the clinic setting, where the law student must discover the facts through the
interview process (rather than merely sifting through a set of facts provided on an
examination hypothetical question), fact assessment is bundled with other competencies, such as interviewing competencies, which in turn are multi-faceted.5

4 This definition has been adopted by Richard A Voorhees, Competency-Based Learning Models: A
Necessary Future in Richard A Voorhees, ed, Measuring What Matters: Competency-Based Learning
Models in Higher Education, New Directions of Institutional Research No110 (San Francisco: JosseyBass, 2001) at 8. This book summarizes the data and policy implications arising from a project that
assessed, in part, competency-based issues across post-secondary education. The definition adopted
by Voorhees comes from the report of the National Postsecondary Education Cooperative (NPEC)
Working Group on Competency-Based Initiatives in Postsecondary Education, Defining and Assessing
Learning: Exploring Competency-Based Initiatives (Washington, DC: US Department of Education,
September 2002).
5 Fact gathering during a client interview is discussed in Chapter 14.

1:8

Part I Becoming a Competent Lawyer

Problem-Solving
Competencies

Legal Research
Competencies

Oral and Written


LegalCommunication
Competencies

11 Identify relevant facts

11 Identify legal issues

11 Communicate clearly in

11 Identify legal, practical,

11 Select sources and

and policy issues;


conduct the necessary
research arising from
these issues
11 Analyze research results
11 Apply the law to the facts
11 Identify and evaluate the

appropriateness of
alternatives for resolution
of the issue or dispute

methods; conduct legal


research relevant to
Canadian law
11 Apply techniques of legal

reasoning and argument


(e.g. case analysis and
statutory interpretation)
to analyze legal issues
11 Identify, interpret, and

apply research results


11 Effectively communicate

research results

English or French
11 Identify the purpose of

the proposed
communication
11 Use correct grammar,

spelling, and language


suitable to the purpose/
audience of the
communication
11 Effectively formulate and

present well-reasoned
and accurate legal
argument, analysis,
advice, or submissions

Figure 1.3 Task Force on the Canadian Common Law Degree: Skills-Based
Competencies Summary

You can take different paths to become a competent lawyer. Your own interest
in a specific area of law can be the starting point. For example, competence is required of both a family law lawyer and one whose work includes corporate or
criminal law; only the subject matter differs. Within that framework, establishing
skills-based competencies goes beyond merely achieving an abstract or theoretical
understanding of the subject that could be demonstrated on an examination; an
ability to apply this knowledge and the associated skills is required as well. Therefore, seeking out opportunities that allow the demonstration of acquired knowledge
and skills should enhance the development of competence.
Considering basic learning principles such as those derived from Blooms
taxonomy 6 can provide a valuable perspective to help you evaluate the skills you
are learning, not only from your course work, but from extracurricular and cocurricular activities as well.

6 David R Krathwohl, Revising Blooms Taxonomy (2002) 41:4 Theory into Practice 212.

Chapter 1 Foundations

1:9

III. Applying Blooms Taxonomy


Blooms taxonomy, developed more than 50 years ago, provides an organizational
structure to assess the expectations for students learning. It has general application
to many fields of study, including law.7 Six primary categories with associated subcategories identify the levels at which learning can take place. They include knowledge,
comprehension, application, analysis, synthesis, and evaluation. The revised version
(see Figure1.4) uses descriptive verbs to identify the categories of learning. These are:
Remember
Understand
Apply

Analyze
Evaluate
Create
1.0 Remember
(Recognize, recall)
2.0 Understand
(Interpret, classify, exemplify,
summarize, infer, compare, explain)
3.0 Apply
(Use procedure in a given situation,
execute, implement)

Learning Processes to
Develop Competence:
Blooms Revised
Taxonomy

4.0 Analyze
(Break into its constituent parts,
determine relationships and
structure, differentiate, organize)
5.0 Evaluate
(Make judgments based on criteria
and standards, critique)

6.0 Create
(Put elements together to form a novel,
coherent whole or make an original
product, generate, plan, produce)
FIGURE 1.4

Blooms Revised Taxonomy: Categories of Learning

7 Paul D Callister, Time to Blossom: An Inquiry into Blooms Taxonomy as Hierarchy and Means for
Teaching Legal Research Skills (2010) 102:2 Law Libr J 191.

1:10 Part I Becoming a Competent Lawyer

Law students can monitor the development of their competencies by ensuring


that they examine what and how they are learning, and by selecting courses and
co-curricular and extracurricular activities that include opportunities for learning
in a variety of situations. For example, law school hypotheticals typically evaluate
levels 1, 2, and 3 learning. However, in order to develop competence, law students
must also be exposed to learning opportunities at the other three levels during the
course of their studies. Activities that include problem-based learning and clinical
and experiential learning are well suited to provide exposure to these higher-level
learning opportunities.

IV. Cultural Competence


Cultural competence is not expressly mandated as a professional competency of
lawyers, but the need for it can be inferred.8 Lawyers work with people whose
views and values are shaped in part by their culture. Culture should be interpreted broadly. A culturally competent lawyer is mindful that the clients culture
may not be the same as his or her own, and is conscious of that potential difference when engaged in client communication, counselling, and case planning.
A culturally competent lawyer recognizes that the assessment of a clients situation should not be influenced by judgments about the degree to which the clients
acts or beliefs accord with the lawyers own standards of appropriate behaviour or
decision making. By considering cultural differences, law students can improve
the likelihood that they will learn how to avoid stereotypical assumptions, and
understand the point of view of others, with the goal of enhancing beneficial
relationships.9
As is the case with other legal competencies, law students can facilitate the
development of cultural competence by adopting specific habits and perspectives.10 These include, but are not limited to:

8 Supra note 1. Rule 2.01 of the Law Society of Upper Canadas Rules of Professional Conduct (Toronto:
LSUC, adopted by Convocation 22 June 2000) states that a competent lawyer must have and apply
the skills, attributes, and values in a manner appropriate to each matter undertaken on behalf of a
client. Because clients differ in cultural aspects, the rule implies that lawyers and law students must
be aware that cultural issues may factor into client work.
9 See e.g. Rose Voyvodic, Lawyers Meet the Social Context: Understanding Cultural Competence
(2006) 84:3 Can Bar Rev 563 for a discussion of developing cultural competence in a clinical law
setting.
10 See Susan Bryant & Jean Koh Peters, Five Habits for Cross-Cultural Lawyering (2001) 8 Clinical L
Rev 33 for a discussion of the value of adopting specific habits to enhance cross-cultural awareness
when working with clients.

Chapter 1 Foundations 1:11

recognizing that ones own cultural awareness is essential to developing this


competency
identifying ones own cultural values is also essential to developing this
competency; one can compare and contrast ones values with others values,
and begin to anticipate where cultural differences may give rise to similar
or different beliefs
recognizing that interactions with others, including student colleagues,
professors, clients, lawyers, and the judiciary, will be shaped, often subtly,
by personal cultural values
recognizing that shared cultural values often enhance group cohesiveness
while unexplored differences can interfere with its development
recognizing that unrecognized or unacknowledged differences can interfere with problem or dispute resolution
recognizing that cultural biases can result in judgmental positions that may
impede problem resolution
recognizing that finding both the similarities and the differences between
oneself and others can help resolve these differences
recognizing that law is neither created nor interpreted in a cultural vacuum;
historical events play a role, and the meaning of law must be considered in
the light of cultural variables at play when law was created and interpreted
Learning to become a culturally competent lawyer begins in law school. As a
law student, you should be mindful of cultural competence when assisting clients
during volunteer or employment activities, when engaged in pro bono work,
when discussing contentious legal and policy issues in class, when interpreting the
facts in a law school hypothetical problem, and when studying how legislation is
created and cases are decided.

V. Introduction to Legal Research as


a Skill of a Competent Lawyer
As noted earlier, the Federation of Law Societies of Canada has identified the legal
research competencies that new lawyers must demonstrate. Part II of this text
describes the knowledge, skills, and habits a law student needs to learn to become
a competent legal researcher; this section explains how legal research fits into law
school studies and legal practice. The following section provides an overview of
the Canadian legal system; later chapters build on this information, and describe
how laws are made and disseminated.

1:12 Part I Becoming a Competent Lawyer

A. The Role of Legal Research in Law School


and in Professional Practice
Legal research is considered both by law schools and by the law societies that regulate lawyers to be a set of essential skills that a competent lawyer must demonstrate.
As such, legal research is an important component of the law school experience.
In addition to legal research faculty, law librarians in law schools, in law firms, and
in county law libraries provide expertise in legal research, and they are an important resource both to law students and to lawyers in practice.
Law students, articling students, lawyers, and paralegals must be skilled at legal
research and familiar with the current best practices and methods in order to keep
current with changes to both legislation and case law.
Most law schools offer many opportunities to develop legal research skills. For
beginning legal researchers, advice and assistance are available from law librarians,
legal research faculty, or legal research methods texts, in print or online. Law librarians may hold training sessions to teach legal research methods. Legal research
and writing courses focus on incorporating legal research tasks with writing activities. Some courses require students to prepare legal memoranda, facta, or other
documents used in legal practice; other courses provide students with an opportunity to develop legal knowledge through essay preparation. Law school clinics
and mooting teams also provide valuable opportunities to build legal research
skills in a practical context. Editorial positions on law journals and research assistantships for professors also provide opportunities for law students to hone
legal research skills.

B. The Legal Research Process


Most lawyers advocate for others. Advocacy is the process by which a lawyer
persuasively advances the clients position. To be a persuasive advocate, one must
be well informed and well organized when meeting with clients, and when conducting legal research.
Ascertaining the facts of a clients legal problem is the first step in the process
of legal problem solving. The next step is assessing the clients legal rights and
obligations. To do this, one must understand the basis of the clients legal problem,
which often requires legal research. Once the research is complete, and once the
results are applied to the clients legal issues, the lawyer communicates this information to the client and others.
As discussed earlier, lawyers are governed by the law society that regulates
lawyers in the jurisdiction in which they operate. Law societies, which operate as
self-regulating organizations, are empowered to establish rules, bylaws, and standards of appropriate professional conduct for the lawyers they govern. For example,

Chapter 1 Foundations 1:13

rule 2.01 of Ontarios Rules of Professional Conduct establishes that lawyers in


Ontario have a professional obligation to conduct competent legal research.11
A lawyer must be fully informed of the clients particular factual situation, and of
the relevant law that applies. In order to develop legal research skills, a lawyer must:
know how laws are made and disseminated
keep up to date with changes to the law
know how to complete historical legal research
understand how legal information is distributed
perform legal research efficiently and cost-effectively, using both print and
online sources
supervise others who conduct legal research on the lawyers behalf
The legal research process involves several steps. Legal researchers must know
how to:
locate legislation (statutes and regulations)
backdate statutes to determine their historical development
update statutes to determine their development since enactment
locate bills
locate case law, also called judicial decisions
interpret the results of research using primary and secondary sources of law
apply the law to the facts of the clients legal issue
The research process is schematically represented in Figure 1.5. In practice,
research problems are generated by clients legal issues. To answer the issues, the
lawyer must locate and review the controlling law. It is often useful to consider
legislation first. Depending on the type of legal issue, backdating the legislation to
find its historical roots may be necessary. Determining whether bills have been
proposed that will amend existing legislation may be required, followed by finding
and studying relevant judicial decisions. Once the primary law (legislation and
case law) has been located, it must be interpreted. If the researcher is unfamiliar
with the area of law, or unsure what legislation applies, it can be helpful to start
with secondary sources, such as an authored treatise or article. (Secondary sources
are discussed in Chapter7.) Finally, the lawyer uses the information gathered to
provide the client with legal advice.

11 Supra note 1.

1:14 Part I Becoming a Competent Lawyer

Locate and
Review

Interpretation

Legislation

Backdate:
Legislative
History

Case Law

Bills

FIGURE 1.5

Update:
Amendments

The Legal Research Process

VI. Overview of the Canadian Legal System


A. Canadas Bijural Legal System
Canada has two legal systems: the common-law system in all provinces and territories except Quebec, and the civil-law system in Quebec. The systems reflect
Canadas historical evolution of domestic law.12 The ability to find, analyze, and
write about the law requires an understanding of the structure of domestic law.

B. The Common-Law System


Canadas common-law system is based on a legal system inherited from England,
beginning in 1766 with the implementation of English common law and constitutional practices.13 The common law developed from court decisions made by
judges. Judges relied on prior decisions of other judges to decide cases before
them, resulting in the application of a common law. This led to the compilation
and publication of law reporters, which are books that record court decisions.
12 Domestic legal issues may have an international or foreign component. See Chapter8, Introduction
to International and Foreign Legal Research in a Canadian Context.
13 See Richard A Yates, Ruth Whidden Yates & Penny Bain, Introduction to Law in Canada, 2d ed
(Toronto: Prentice Hall Allyn, 2000) at 15-18.

Chapter 1 Foundations 1:15

Some reporters are arranged by topic; others cover decisions of particular courts;
still others focus on decisions of courts within certain geographical boundaries.
Many modern reporters can be accessed in both print and electronic form.
A key aspect of legal research is finding cases that deal with questions that are
relevant to the problem being analyzed. Court structures are discussed later in this
chapter. For now, it is enough to know that there is a hierarchy of court authority.
Judges and members of administrative tribunals render decisions about the merits
of parties disputes. Where a court of higher authority than the one deciding a case
has established principles based on a similar set of facts, the lower court is required
to follow that decision. That is why, within legal discourse, decisions of the Supreme
Court of Canada are important. The Supreme Court of Canada is now the final
court of appeal for Canada.14 Where the Supreme Court of Canada has established
principles on a particular subject matter, other courts in Canada must uphold
those principles unless the court determines that the facts or issues before it are
sufficiently different to warrant different treatment.
Legislation is created by each level of governmentfederal, provincial/territorial,15
and municipal. Legislation creates new law, and can also change existing law. For
example, the common-law definition of marriage as being the union of a man and
a woman has been changed by the Civil Marriage Act 16 to allow for the marriage
of same-sex partners.
Once legislation comes into force, part of the judicial role involves interpreting
the meaning and application of legislation in specific factual contexts. In essence,
within a common-law system, a researcher will find that research problems may
involve legislation, judge-made rules, or a combination of both.
In Canada, the Constitution Act, 1867 17 and the Constitution Act, 1982,18 which
includes the Canadian Charter of Rights and Freedoms,19 provide the legal framework both to create laws and to consider their operation.20 Within this framework,
federal and provincial/territorial levels of government exist, all of which have
individual and overlapping spheres of responsibility.

14 Prior to 1949, the Judicial Committee of the Privy Council in England was the final court of appeal
for Canada. Certain cases could be appealed from provincial courts of appeal directly to the Judicial
Committee without first being heard by the Supreme Court.
15 Unless otherwise noted, references to provincial legislatures and courts should be understood to
include territorial legislatures and courts.
16 SC 2005, c 33.
17 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5 [Constitution Act, 1867].
18 Being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
19 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c11.
20 Because Canada is a constitutional monarchy, Queen Elizabeth II is the official head of state. The
Queens designated representative in Canada is the Governor General.

1:16 Part I Becoming a Competent Lawyer

The federal level of government comprises distinct but interconnected


branches 21: executive (the prime minister and Cabinet, which includes ministers
responsible for specific portfolios and which can pass orders in council 22 approved
and signed by the Governor General); legislative (Parliament, consisting of the
House of Commons and Senate, whose members debate bills before passage into
legislation; and judicial (courts and tribunals, which consider the application of
the law, including its constitutional validity). Legislation encompasses both statutes
and regulations. Regulations are subordinate or delegated legislation as they derive their authority from an enabling act.23

C. The Civil-Law System


The civil-law system is the basis for Quebecs legal regime. Civil law is based on a
civil code that consists of a number of broadly stated principles intended to provide
guidance for the resolution of disputes. Judges interpret civil code provisions to
determine parties rights and obligations. When interpreting civil code provisions,
judges consider the writings of legal scholars in the areas at issue. In addition, the
Quebec legislature enacts legislation. Further, legislation enacted by the federal
Parliament governs citizens of all provinces and territories. See the Quebec chapter
for detailed information regarding the origins and history of Quebec law, and how
to research Quebec legislation.

D. Overview of Court Structure in Canada:


Federal and Provincial
The Canadian court system is outlined in Figure 1.6 and is discussed below.

1. Federal Courts
In 1875, Parliament established the Supreme Court of Canada as the general court
of appeal for Canada. The court hears appeals from provincial superior courts, the
Federal Court of Appeal, and the Court Martial Appeal Court. The Supreme Court
21 <http://www.canada.gc.ca/aboutgov-ausujetgouv/structure/menu-eng.html>. Provincial and territorial governments have a similar structure.
22 <http://www.collectionscanada.gc.ca/databases/orders/index-e.html?PHPSESSID=33>; see also
<http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=secretariats&sub=oic-ddc&doc
=gloss-eng.htm>.
23 For a history of delegated legislation in Canada, see Audrey OBrien & Marc Bosc, eds, House of
Common Procedure and Practice, 2d ed (Ottawa: House of Commons, 2009), online: Parliament
ofCanada <http://www.parl.gc.ca/procedure-book-livre/>, ch 17, Delegated Legislation, Historical
Perspective.

Chapter 1 Foundations 1:17

CANADAS COURTS
Supreme Court of Canada

Federal Court of Appeal


Federal Court

Provincial Courts of Appeal


Provincial/Territorial
Superior Courts

Court Martial Appeal Court


Military Courts

Tax Court of Canada


Provincial/Territorial Courts
Federal Administrative Tribunals
Administrative Tribunals

FIGURE 1.6

Canadian Court System

of Canada is the highest court in Canada and, since 1949, the final general court of
appeal for Canada. The federal government may also request the Supreme Court
of Canadas opinion on reference cases that consider specific legal questions.
Pursuant to section 101 of the Constitution Act, 1867, the Federal Court of
Appeal, the Federal Court, the Tax Court, and the Court Martial Appeal Court
were authorized for the better administration of the laws of Canada. The Federal
Court, created in 1971, specializes in certain areas of federal law pursuant to the
Federal Courts Act,24 such as intellectual property and immigration.25 The Tax
Court specializes in taxation matters.26 The Court Martial Appeal Court hears
appeals from the courts martial, or military trial-level courts, dealing with matters
related to Canadian Forces personnel.27 Decisions of the Tax Court and Federal
Court may be appealed to the Federal Court of Appeal, and further appealed to
the Supreme Court of Canada for a final decision.

24 RSC 1985, c F-7.


25 For further information regarding the Supreme Court of Canada, see <http://www.scc-csc.gc.ca>;
for the Federal Court, see <http://www.fct-cf.gc.ca>; for the Federal Court of Appeal, see
<http://www.fca-caf.gc.ca>. The Federal Court succeeded the Exchequer Court, established in 1875.
As of 2003, the Federal Court and the Federal Court of Appeal are separate courts.
26 For further information about the Tax Court of Canada, see <http://www.tcc-cci.gc.ca>.
27 For further information regarding the military court system in Canada, see <http://www.cmac
-cacm.ca>.

1:18 Part I Becoming a Competent Lawyer

In addition, the Federal Court of Appeal reviews decisions of federally appointed


administrative tribunals, a process called judicial review. Tribunals are not courts
of law. Their authority is derived from statute law; tribunals can exercise only those
powers given to them by statute. Appointed members of the tribunal, not judges,
decide the issues before the tribunal, including the interpretation of rules and
regulations.28

2. Provincial Court Structure


The constitutional authority for the creation of provincial courts allows for two
levels of courts in the provinces and territories: higher-level superior courts, and
lower-level provincial courts.29
a.Superior Courts

Provincial legislatures have the authority to create provincial superior courts


pursuant to section 92(14) of the Constitution Act, 1867. Superior courts are
subdivided into the superior trial court and the superior appeal court. These
courts can decide matters in any area of law except where a statute has expressly
given jurisdiction over the area to another entity.
Across Canada the name of the provincial superior trial court varies by jurisdiction.30 Decisions from the provincial superior trial court may be appealed to
the provincial superior appeal court. The name of this court also varies by jurisdiction. In Ontario, it is called the Court of Appeal for the Province of Ontario.
Decisions from provincial superior appeal courts may be appealed, if leave is
granted or by right, directly to the Supreme Court of Canada.
b. Provincial Courts

The lower-level provincial court system generally has a civil and a criminal division. It may include specialized courts such as family court, youth court, and
small claims court, but this varies from province to province. Appeals from the
provincial courts are heard by the provincial superior appeal court.
28 Some examples of federally appointed tribunals are the Canada Employment Insurance Commission and the Immigration and Refugee Board.
29 Nunavut has a territorial superior court only, the Nunavut Court of Justice, a circuit court that
hears all cases originating in Nunavut: see <http://www.nucj.ca>. Sentencing circles and alternative
dispute resolution systems (ADR) are also implemented at the provincial/territorial level in Canada:
see the Department of Justice Canada website at <http://www.justice.gc.ca/eng/dept-min/pub/
ccs-ajc/page3.html>.
30 For example, the provincial Superior Trial Court is called the Court of Queens Bench in Manitoba,
the Superior Court of Justice in Ontario, and the Supreme Court in British Columbia.

Chapter 1 Foundations 1:19

The Ontario court system is outlined in Figure1.7 and is discussed below.31

ONTARIOS COURTS
Court of Appeal for Ontario

Superior Court of Justice


Divisional Court

Ontario Court
of Justice

Family Court
Small Claims Court
Administrative Tribunals

FIGURE 1.7

Ontario Court System

Ontario
The Ontario court system has two divisions: Superior Court and Provincial Court.
a. Superior Court
i. Appeal level: Court of Appeal for Ontario

hears appeals from the Superior Court of Justice and the Ontario Court of
Justice
ii. Trial level: Superior Court of Justice

The Superior Court of Justice has three branches:


Divisional Court: A specialized appeal court that is a branch of the Superior
Court of Justice; it hears some civil appeals and statutory appeals from
provincial administrative tribunals, and it conducts judicial review.
Family Court: Both federal and provincial laws govern aspects of family
law. In some locations in Ontario, a Unified Family Court has been created

31 For further information about the Ontario court system, see <http://www.ontariocourts.on.ca/coa/en>
and <http://www.ontariocourts.on.ca/scj/en/>. For information about the court structure found in
other provinces and territories, consult the relevant jurisdiction.

1:20 Part I Becoming a Competent Lawyer

to consider matters arising from both jurisdictions. In other locations,


these matters are decided separately in either the Superior Court of Justice
or the Ontario Court of Justice.
Small Claims Court: A branch of the Superior Court of Justice; it hears
cases involving civil monetary claims up to $25,000.
b. Provincial Court
i. Ontario Court of Justice

hears civil and criminal cases and matters regarding provincially created
offences
The court system also includes provincial administrative decision-making bodies
such as tribunals and boards. They derive authority from enabling legislation and
must adhere to specific powers granted to them. Similar to federally appointed
tribunals, provincial tribunals are not courts of law; however, their decisions are
also subject to judicial review.32

VII. Overview of This Guide


Legal research, writing, and advocacy are not course-specific; the skills and knowledge obtained by working through the material in this guide apply to many aspects
of the law school curriculum, and infuse the practice of law. The information
contained in this guide, supported by both the appendixes and the online components, is designed to assist you in developing competence in these foundational
legal skills.
Part I Becoming a Competent Lawyer
Chapter 1

Introductory concepts: competence, legal system

Chapter 2

Basics of factual and issue analysis: considered in each chapter,


applied in Chapters 11-14

32 Some examples of provincially appointed tribunals are the Human Rights Tribunal of Ontario and
the Landlord and Tenant Board. Courses focusing on a detailed analysis of administrative tribunals
and the judicial review process are offered at many law schools.

Chapter 1 Foundations 1:21


Part II Legal Research
Chapter 3

Federal research essentials: legislation, primary law

Chapter 4

Federal research applied: legislation, primary law

Chapter 5

Provincial research essentials: legislation, primary law


(see also specific provincial research chapters)

Chapter 6

Case law research essentials: judicial decisions, primary law

Chapter 7

Secondary source research: processes to both find and interpret


primary law

Chapter 8

International and foreign research in a Canadian context

Chapter 9

Establishing research plans and recording research results

Part III Legal Analysis


Chapter 10

Legal analysis: synthesizing primary law research results

Chapter 11

Legal argument: connecting facts and law

Part IV Legal Writing and Oral Advocacy


Chapter 12

Legal writing: communicating to the audience, general principles

Chapter 13

Legal writing: objective and persuasive writing, creating documents


for different purposes

Part VApplying Legal Skills to Legal Practice


Chapter 14

Transitioning to practice: applying learning to legal clinic practice

Appendixes
Appendix A

Comprehensive sample problem

Appendix B

Academic success: transitioning from law school to practice;


developing academic success, effective habits, and group processes

Appendix C

Glossary of terms

Problem Analysis:
Facts and Issues

Contents
I. Dispute Analysis: Begin with the Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:2
II. Preliminary Fact Assessment: Gather and Organize the Facts . . . . . . . . . . . . . . . . . . . 2:3
A. Who? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. What? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. When, Where, How? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Why? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Unknown/Assumed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2:5
2:5
2:5
2:6
2:6

III. Fact Assessment: Additional Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:7


IV. Frame the Legal Issues Using Keywords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:9
V. Preliminary Problem Analysis: Formulating a Legal Issue . . . . . . . . . . . . . . . . . . . . . . . 2:10
VI. Issue Drafting: Additional Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:11
VII. Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:12

2:1

2:2

Part I Becoming a Competent Lawyer

Learning Outcomes
By the end of this chapter, you should be able to:

Understand how a fact and issue analysis provides the basis for both
legal research and analysis of a dispute

Conduct a fact assessment


Formulate a legal issue
Research Task
2.1

Issue Drafting: Hypothetical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:9

This chapter explains how fact assessment and issue analysis provide the foundation
for advanced legal problem solving. Subsequent chapters build on this discussion
to explore the essentials of legal research, analysis, and communication.

I. Dispute Analysis: Begin with the Facts


Whether one intends to practise law in a courtroom or to pursue an alternative
legal career, every lawyer must understand the dispute resolution process. The
basis of a dispute is revealed by its facts, presented to the lawyer by the client
during one or more interviews. As the factual basis for the dispute is uncovered,
the lawyer begins to explore the underlying legal issues. On the basis of this preliminary assessment, the lawyer will decide whether or not legal research is
required to answer the issues.
As the legal basis for the dispute becomes apparent, the lawyer may identify
gaps in the factual record. To strengthen the factual record, the lawyer may
reinterview the client, seek additional witnesses, and procure relevant documents
or other tangible evidence of the dispute. Ultimately, the basis of the dispute is
revealed in sufficient detail to enable the lawyer to offer the client legal advice
about potential dispute outcomes and resolution options.
Fact analysis has two aspects. The first involves discovering the facts. The second
involves sorting and organizing the facts, and classifying them as either relevant or
irrelevant to the dispute. Relevant facts are those that relate directly to some aspect
of the legal issue; they are often described as material facts. Irrelevant facts are
those that are incidental to the dispute and do not aid the dispute resolution process. A third category of facts is connector facts. These may be difficult to classify

Chapter 2 Problem Analysis: Facts and Issues

2:3

as either relevant or irrelevant; however, they serve the important function of


connecting relevant facts and thus aid in understanding the narrative of the
dispute.
Undertaking a thorough fact assessment is a professional obligation;1 therefore,
developing a systematic approach to discover the facts ensures that the lawyer
compiles an accurate factual record before the fact assessment and classification
process begin.2 See Figure2.1.

II. Preliminary Fact Assessment:


Gather and Organize the Facts
At its most basic level, fact discovery involves determining:
the parties to the dispute, and
the incidents of the dispute.
Once this basic information is obtained, the details surrounding these broad categories can be explored.
Whether interviewing a client3 or solving a law school hypothetical, one can
ascertain most facts through six questions of discovery,4 followed by a critical
analysis of the responses. Once the facts are revealed, the lawyer must determine
how the facts can be substantiated should the legal dispute reach a court or tribunal for resolution.5

1 See e.g. Law Society of Upper Canada, Rules of Professional Conduct (Toronto: LSUC, adopted by
Convocation 22 June 2000), r2.01(1)(b).
2 Law school evaluation techniques may only partially assess a students ability to factually analyze a
clients legal issue, if hypothetical problems on an examination are the sole measure of this skill.
While hypothetical problems can assess issue spotting and fact organization, they cannot assess fact
discovery. Part V of this text builds on the information in this chapter, and discusses how students
can develop their legal skills by preparing themselves for practice-based clinical and experiential
learning opportunities.
3 Interviewing comprises a complex skill set on its own. See Chapter 14 for an introduction to this topic.
4 The pervasive nature of these six questions as a tool of analysis is evident by how frequently
Kiplings Six Honest Serving Men is referenced in various online sources. Rudyard Kipling, Just So
Stories (Cornwall, UK: Stratus Books, 2009) at 38.
5 Students intending to become litigators should include a course on evidence in their upper-year
studies. Such a course will explore inter alia the rules of evidence that are applied to witness testimony, documentary, and real evidence.

FIGURE 2.1

Who?

Assumed?

Unknown?

How?

Identifying
Legal Keywords
Fact Keyword

Question Format

Legal Concept Keyword

Formatting Issues

Analyzing

Written

Positional/
Persuasive

Informational/
Neutral

Reporting

Argument

Interpretation

Facts Applied to Law

Interpreting

Jurisprudence

When?

Determining
Issues

Finding

Secondary
Legislation

Primary

Researching

Where?

Problem Analysis Structure

What?

Assessing Facts

Problem-Solving Structure

THE INTERVIEW: CLIENTS STORY

Oral

Positional/
Persuasive

Informational/
Neutral

2:4
Part I Becoming a Competent Lawyer

Chapter 2 Problem Analysis: Facts and Issues

2:5

A.Who?
Who is often the first question asked.
Who is the client?
Who are the parties to the dispute, and what is their relationship to each
other?
Who are the potential witnesses, and what do they know?
Do any of the parties have a specific title or role?
Do any of the parties have a specific interest in the outcome of the dispute?
Is the client the person who has been harmed (the plaintiff ), or the person
who may be liable for harm caused to someone else (the defendant or
accused)?
Note and record the details. The relevance of details will be determined after
the issues have been framed and the research has been completed.

B.What?
What prefaces the second set of questions, and may be inextricably linked to
who.
What happened?
What was said or done and by whom?
What privilege or harm is claimed or alleged?
What consequence may be forthcoming?
What remedy is being sought?
What legal action is contemplated, or what other form of dispute resolution
is being considered (for example, mediation)?
What other facts must be located or confirmed?
Ensure that the relationships between and among the parties, and the activities
leading to the dispute, have been considered and recorded.

C. When, Where, How?


These three questions help to clarify and expand the foundation of the narrative.
When did the relevant acts occur? Dates, times, and seasons may be important. Individuals may not always recall or relate factual detail in a linear
or sequential manner, so develop questions to obtain an accurate record.

2:6

Part I Becoming a Competent Lawyer

Create timelines, charts, or diagrams to clarify the sequence of events and


the relationships between and among persons and events, and to identify
any gaps in that understanding.
Where did the events occur? Identify the country, province, city, street,
building, or place. Jurisdiction in a disputei.e. the authority of those entitled to actmay be a significant fact, and is often revealed by the question
where.
How did the events unfold? Focus on details of the clients story. How does
the client perceive or feel about the situation? The emotional tone may be
relevant to the decisions made before and after the dispute occurred, and
may provide a basis for exploring settlement or dispute resolution options.
Ensure that the relationships among the parties, the events, and the time and
location are known. Identify unknown details for later investigation.

D.Why?
Why examines the reasons that events and actions occurred and the decisions
that were made before, during, and after the dispute. The question can be asked at
any time during the fact assessment.
Why did the parties act as they did?
Why were specific acts taken or omitted? Reasons, beliefs, explanations,
and motivations may help to identify a motive, a defence, or a justification.
Answering why may help sort out relevant from irrelevant facts; it may also
provide a starting point to explore dispute resolution options.

E.Unknown/Assumed?
This category includes facts that may be relevant but are, as yet, not fully ascertained. Categorizing facts as unknown or assumed ensures that relevant facts
are not overlooked or ignored.
What facts are yet to be determined? Note the relationships between and
among the known facts. Identify any inconsistencies or gaps.
Because disputes arise from differing versions of similar facts, one of the
categories of unknown facts is anchored in some aspect of the other partys
version of the events. How can this information be obtained?
Assumed facts are those that have been assumed to be accurate during the
fact-gathering process, but that lack additional proof to confirm their accuracy. How might these assumptions be verified?

Chapter 2 Problem Analysis: Facts and Issues

2:7

Connect where,
when, how, who,
and what.

Parties, witnesses.
Triggering incidents?

Who?
What?

Unknown &
Assumed?

Where?
When?
How?

Why?
Why did the events
unfold and parties
act as they did?

FIGURE 2.2

Preliminary Fact Assessment: Gather and Organize the Facts

At the completion of the fact analysis, determine the additional facts to be


discovered, and consider how that information might be acquired.
Undetermined facts are common. Because they may hold the key to the
eventual resolution of the legal issue, they must be identified.
By the conclusion of the analysis, the more material facts there are that are
unknown, assumed, or unverifiable, the more difficult it will be for the
lawyer to provide a sound legal opinion. Undetermined facts, therefore,
may result in a qualified legal opinion.

III. Fact Assessment: Additional Factors


Analysis of the facts is an ongoing process. In the fact assessment stage,
work with available information. Be flexible. Certain facts will acquire
either greater or lesser significance as the research progresses.
Facts and law are interrelated, so sorting relevant from irrelevant facts is critical
to a legal analysis. However, relevance cannot be determined until the legal
research is complete. Therefore, avoid premature conclusions and be prepared
to review and reconsider the facts once the relevant law has been assessed.
When organizing the facts, use visual aids such as charts, diagrams, timelines, and mind maps to establish connections between and among the
facts. Ultimately, the law will be applied to the facts in a legal argument.

2:8

Part I Becoming a Competent Lawyer

Once organized, the facts can be more readily synthesized and presented
for this purpose. To test your understanding of the facts, ask whether you
could explain them clearly to someone else without referring to your notes.
When beginning to work with a client, draft the facts as a narrative but be
prepared to reorganize and rewrite them. A fact summary at this stage is a
first draft only. Reformulate and redraft the facts after the law has been
analyzed.
Not all relevant facts will be known. The client may not know an important
detail, or the lawyer may not have asked the appropriate questions during
the interview. Information may not have been interpreted or recorded correctly. The client or a witness may be mistaken about the facts or may have
inadvertently omitted essential facts, not realizing their relevance. Occasionally, clients or witnesses may omit, minimize, or disguise some facts
that they believe may be detrimental to their position. Unknown or
assumed facts, once identified, can be verified later.
Be aware that your personal values and beliefs may not be the same as the
clients. Avoid injecting a personal or subjective standard of analysis or decision making during the fact-gathering process. Remain objective at all times.
The relevance of facts is usually determined by primary law (legislation and
case law). Therefore, to determine a facts relevance, it is necessary to thoroughly research primary sources. Secondary sources such as commentaries
on the law can help suggest the scope or applicability of the law to all the
relevant facts. Secondary sources are discussed in Chapter 7.
Once the facts have been reviewed, consider your research approach. As a
general guideline, among primary sources, legislation (if it exists) should
be reviewed first and case law (if it exists) should be reviewed next.
Flexibility is the key in legal research. For example, researching legislation
may take precedence over case law, but you may find relevant legislation by
reading a case on point, or a journal article may provide the necessary
context for understanding the relevant primary law.
Whatever research approach you take, ensure that you record your steps
ina systematic manner by using both a research plan and a research log
orsome other form of checklist. A research plan sets out the research
thatmust be done, and identifies research tools to accomplish theplan.
Aresearch log records the specific steps that were actually taken. Research
plans and logs are related, but they are likely to differ as research steps are
adapted during the process.6
6 See Chapters 3 to 8 for legal research methodology and Chapter 9 for guidelines to complete
research plans and logs.

Chapter 2 Problem Analysis: Facts and Issues

2:9

IV. Frame the Legal Issues Using Keywords


After the facts have been reviewed, the legal issues must be framed. Legal issues are
legal questions that arise from the specific facts of a clients legal problem. These
questions are formulated and then analyzed on the basis of the facts and the law. For
certain legal problems, a policy analysis may be required. Frequently, legal research
must be undertaken before the answers to the issues posed can be determined.
Legal issues must focus on the application of the law to the facts of a specific
client. To ensure this focus, every legal issue should be drafted as a question in
order to provide direction to the research or analysis to be undertaken. The legal
issue must also contain specific fact keywords derived from the clients facts and
legal concept keywords that apply to the facts. A legal issue that does not contain
both a fact keyword and a legal concept keyword is imprecise, as can be seen in
the hypothetical that follows. See Task 2.1.

1. Fact Keyword(s)

e.g. Parties,
places, things

2. Legal Concept
Keyword(s)

e.g. Cause of action,


defence of action

3. Question
Format

Interrogative sentence
followed by ?

FIGURE 2.3

Formatting a Legal Issue

Task 2.1

Issue Drafting: Hypothetical


Read the following fact hypothetical and identify both fact keywords and legal
concept keywords. Then, frame the legal issue.
On 15 June 2011, Theo and Roberto, two friends who were avid hockey fans,
stopped by Derrys Bar and Grille to watch the final game of the Stanley Cup. The
bar, located in Blissville, Ontario, was a popular gathering place for sports fans
because of its big-screen televisions. Theo and Roberto had watched many of the
earlier games in the series, and were excited because their favourite teams were
in the final. Roberto was a Bruins fan, while Theo supported the Canucks.
After Boston won 40 in Game 7, Roberto jumped onto a table with several
other fans and began to celebrate the victory by dancing and singing. During the

2:10 Part I Becoming a Competent Lawyer


celebration, a full bottle of beer tipped over and spilled on Theo. Overcome by
anger, Theo picked up the empty bottle and intentionally swung it at Robertos
head. The bottle shattered when it hit Robertos right temple. Roberto fell, hit his
head on the table, and lost consciousness. Frightened, Theo ran out of the bar,
but was arrested by police before he crossed the border to the United States.
Theo is your first client following your graduation from law school. He wants
to know if he committed assault pursuant to the Criminal Code. Assume that
Roberto did not consent to Theos actions.
Now, review the law concerning this problem found in section 265 of the Criminal Code.
265(1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to
that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another
person, if he has, or causes that other person to believe on reasonable grounds
that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he
accosts or impedes another person or begs.

List the fact keywords and legal concept keywords, then decide whether the
following issues are framed properly. If yes, why? If no, why not? After reviewing
the issues, write your own legal issue in proper format for this fact hypothetical.

What is assault?

Is Theo responsible for Robertos injury?

Theos defence to the assault of Roberto.

V. Preliminary Problem Analysis:


Formulating a Legal Issue
Once the legal issue has been drafted, legal research and preliminary analysis to
understand the clients legal position can begin. The governing legal rules are
found in primary sources, which include both legislation and judicial decisions,
or case law. Secondary sources provide the means to help locate and interpret
primary law. Finding and understanding relevant primary and secondary sources
is the subject matter of subsequent chapters.
Once the law that applies to the relevant facts has been analyzed and synthesized, the information needed to generate a theory of the case should be available.
A theory of the case provides a framework for explaining the facts as they relate
to the law. In many situations, developing a sound theory is an essential step in

Chapter 2 Problem Analysis: Facts and Issues 2:11

providing competent legal advice to the client should the legal issue proceed to a
dispute resolution forum.7

VI. Issue Drafting: Additional Factors


A properly framed legal issue for this hypothetical is: Did Theo assault
Roberto pursuant to section 265 of the Criminal Code? The fact keywords
are Theo and Roberto. The legal concept keywords are assault and section 265
of the Criminal Code.
Always review the issues after framing them to ensure that they include the
three components of a properly framed legal issue. A legal issue that does
not contain both a fact keyword and a legal concept keyword is imprecise,
and a legal issue that is not phrased as a question does not provide research
or analytical direction.
Examine the legal issues as provided above. What is assault? does not
contain a fact keyword. Is Theo responsible for Robertos injury? does
not contain a legal concept keyword. Theos defence to the assault of
Roberto is not phrased as a question. Imprecise issue formation at this
point may lead to a vague discussion about the law that is unrelated to the
clients concern.
Sometimes you may be asked to research a topic without being given
detailed facts. In those cases, instead of naming a particular person, use a
generic fact keyword such as person or individual.
The correct framing of a legal issue requires a full review of primary law
(legislation, case law, or both). Secondary legal sources such as authored
treatises are also critical resources that assist in framing a legal issue, because
the author will have analyzed the area of law and referenced the relevant
case law and legislation. (Secondary sources are discussed in Chapter7.)
Once the relevant legal principles are known, the law must be applied to
the facts of the case. If the issue as framed does not support a discussion of
law that explores legal arguments applied to the facts of the case, the issue
is not framed appropriately, and may result in an incomplete analysis.
It often happens that a legal issue must be redrafted after the research has
been completed because additional legal points are discovered that require
review. Issue drafting is like fact drafting: both require revision. Do not rely
on the first attempt at issue drafting.

7 This topic is considered in Chapter 14.

2:12 Part I Becoming a Competent Lawyer

A legal analysis may consider policies underlying the relevant law at issue,
particularly if the case involves a challenge to the laws constitutionality.
Policy issues follow the same format as legal issues, including the three
components of proper formation.
For complex issues, use subissues to organize the analysis. Subissues must
be answered separately first; the results must then be integrated in order to
answer the primary issue fully. Subissues follow the same format as the
primary issue of which they are a part.
Use subissues sparingly, if at all. In the body of a legal document, subheadings can be used more effectively to organize the analysis.
Consider the example of Roberto and Theo. Assume that Theo did not intend
to hit Roberto but merely to capture his attention. Because Roberto was distracted
by the noise in the bar, he hit his head on the bottle that Theo was holding. To
convict Theo of this criminal offence, the Crown attorney must establish that he
both had a guilty mind (mens rea) and voluntarily committed a guilty act
(actus reus). If the research leads to cases that consider both terms, and if enough
facts exist to support legal arguments related to both concepts, subissues examining the concepts of mens rea and actus reus may be appropriate. In that case, the
broader primary issue could be divided into subissues as follows:
1.
Did Theo assault Roberto pursuant to section 265 of the Criminal Code?
a. Will the Crown be able to establish mens rea for the assault charge?
b. Will the Crown be able to establish actus reus for the assault charge?

VII.Summary
Fact assessment and issue analysis provide the foundation for legal problem solving
of disputes. Understanding the facts and formulating the issues are essential steps
in the process of exploring potential dispute resolution outcomes. Most of the facts
of a dispute can be ascertained through six questions of discovery: who, what,
when, where, how, and why. Analysis of the facts is an ongoing process, and must
be reviewed as further information becomes available. Once the facts have been
reviewed and research into primary legal sources has been undertaken, the legal
issues can be framed. Legal issues focus on the application of the law to the facts of
the dispute. Together, fact assessment and issue analysis form the basis on which
legal advice for resolving the dispute can be offered.

Part II

Legal Research
Chapter 3

The Federal Law-Making Process

Chapter 4

Locating and Working with Federal Statutes


and Regulations

Chapter 5

Researching Provincial and Territorial


Legislation: An Introduction

Chapter 6

Locating and Working with Judicial Decisions

Chapter 7

Researching Secondary Sources of Law

Chapter 8

Introduction to International and Foreign Legal


Research in a Canadian Context

Chapter 9

Legal Research: Creating a Plan and


Maintaining a Record

The Federal Law-Making


Process

Contents
I. How a Bill Becomes a Federal Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:4
A. Legislative Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. First Reading Stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Second Reading Stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Committee Stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Third Reading Stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G. Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
H. Publication of Statutes: Enacted and Consolidated VersionsPrint and Online . . . . . . . .
I. Locating Coming into Force Information for Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3:6
3:6
3:7
3:8
3:8
3:9
3:9
3:10
3:13

II. How to Track a Bill That Is Currently in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:18


A.
B.
C.
D.
E.
F.
G.
H.

Why Track a Bill? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Introduction to LEGISinfo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finding a Bill: How LEGISinfo Is Organized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determining the Status of Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Viewing Debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Historical Versions of Bills and Debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Citation of Federal Bills, Federal Statutes; and Creating a CIF Statement: Format . .

3:18
3:19
3:19
3:21
3:21
3:21
3:23
3:23

III. How a Regulation Becomes Law at the Federal Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:25


A.
B.
C.
D.

Regulatory Authority: The Enabling Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


How a Regulation Is Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Steps for Finding CIF Information for Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Citation of Federal Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3:25
3:26
3:26
3:28

IV. Meaning of Official Sources, Authoritative Sources, and Unofficial


Sources of Legislation: Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:29
A. Legislative Foundations of Official Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:29
B. Official and Authoritative Publications: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:31
C. Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:33
D. Guide to Publications and Status of Commonly Used Publications Tables . . . . . . . . . . . . . 3:33

3:3

3:4

Part II Legal Research

Learning Outcomes
By the end of this chapter, you should be able to:

Understand how a federal bill becomes law


Track a bill that is currently before Parliament
Locate official versions of statutes as enacted, both online and in print
Identify official and authoritative publications for legislative materials
Understand how federal statutes and regulations come into force
Research Tasks
3.1

Locating an Enacted Version of a Statute in Print: Official . . . . . . . . . . . . . . . 3:11

3.2

Locating an Enacted Version of a Statute Online: Authoritative . . . . . . . . . 3:11

3.3

Locating an Enacted Version of a Statute Online: Official . . . . . . . . . . . . . . . . 3:12

3.4

Locating Coming into Force Online: Royal Assent . . . . . . . . . . . . . . . . . . . . . . . 3:15

3.5

Locating Coming into Force Online: Proclamation . . . . . . . . . . . . . . . . . . . . . . 3:16

3.6

Locating Coming into Force in Print: Royal Assent or Proclamation . . . . . 3:17

3.7

Locating Recent Debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:22

3.8

Finding CIF Information for Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:27

I. How a Bill Becomes a Federal Statute


The authority to create federal legislation resides with the Parliament of Canada,
which comprises two chambers: the House of Commons and the Senate. Federal
legislation includes both statutes and regulations. This section describes the statute
creation process; section III describes the regulation process.
All prospective statutes begin as bills. Before becoming law, every bill is scrutinized by both the House and the Senate. After both the House and Senate pass
a bill, it becomes an act.1 Once it receives royal assent and comes into force, the
new act has the status of legislation, and is enforceable as federal law.
The process by which a bill becomes a federal statute is shown in Figure 3.1.

1 An act may also be referred to as annual statute, source law, unrevised statute, enacted version,
or session law. The use of these terms reflects the form of a statute as first enacted, and does not
refer to a statute that has been amended, revised, or consolidated.

2. Proclamation

3. Specified Date/
Condition

After 6 readings in House and Senate

Committee

2. Second Reading/
Debates

4. Silent/Interpretation
Statutes

1. First Reading/
Debates

Coming into Force

3. Third Reading/
Debates

Federal Legislation Creation Process: Mind Map

1. Royal Assent

Committee

2. Second Reading/
Debates

3. Third Reading/
Debates

Bill Originates in Senate

Chapter 3 The Federal Law-Making Process

FIGURE 3.1

1. First Reading/
Debates

Bill Originates in House of Commons

HOW A BILL BECOMES A FEDERAL STATUTE

3:5

3:6

Part II Legal Research

A. Legislative Sessions
The Parliament of Canada operates during sequentially numbered legislative
sessions. Legislative sessions are opened in accordance with section 38 of the
Constitution Act, 1867 2 and may continue for a maximum of five years.
Usually, a parliament is divided into several sessions, and each session consists
of separate sittings. Sessions begin with a Speech from the Throne and end when
Parliament is prorogued or dissolved.3
Legislative sessions are identified by both a legislature number and a session
number. Because many legislative publications are organized by legislative session, both numbers are required when conducting bill research.
41st Parliament, 1st Session

B.Bills
The subject matter of the bill determines whether the bill is introduced in the House
or Senate; however, the legislative process is the same for bills in each chamber.
A bill that is introduced in the House begins as either a public bill or a private
members bill. Public bills are sponsored by the governing party, and address some
aspect of that governments political agenda, although the bill itself is usually
drafted by federal Department of Justice staff, or by staff of other government
departments in conjunction with personnel from the Department of Justice. Typically, private members bills are introduced by members of Parliament who sit in
opposition to the governing party, although members from the governing party
may also sponsor private members bills. Bills that are introduced by senators are
termed Senate public bills. This chapter focuses on the progress of bills that originate in the House.
When they are ready for dissemination, all bills are printed by the Queens
Printer.4 At this stage, a public bill that originated in the House receives a number
from C-1 to C-200, sequenced in order of presentation. A private members bill
2 Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss 38, 50 reprinted in RSC 1985, App II, No 5. For
further details about the commencement of parliamentary sessions, see Audrey OBrien & Marc
Bosc, eds, House of Commons Procedure and Practice, 2d ed (Ottawa: Parliament of Canada, 2009)
[OBrien & Bosc] ch 8, The Parliamentary Cycle at Opening of a Parliament and a Session,
online: <http://www.parl.gc.ca/procedure-book-livre/>. For further details about how parliamentary sessions are ended, see ibid at Prorogation and Dissolution.
3 Based on Parliament of Canada, FAQ, online: <http://www2.parl.gc.ca/CommitteeBusiness/
SiteFaq.aspx?CmteInst=joint&Language=E&Mode=1&Parl=40&Ses=3> [FAQ].
4 The Queens Printer is designated by the Minister of Public Works and Government Services under
the authority of the Department of Public Works and Government Services Act, SC 1996, c 16, s 19.

Chapter 3 The Federal Law-Making Process

3:7

that originated in the House is given a sequential number beginning with C-201.5
A bill that originated in the Senate is given a reference number beginning with an
S rather than a C. The bill is then added to the LEGISinfo6 website and is distributed to members of Parliament and to libraries.
Both the bill number and the legislature and session numbers are required to
locate a bill in print or online.

C. First Reading Stage


For bills beginning in the House, the first reading of the bill is added to the House
agenda and the bill is read for the first time. The House agenda is documented in
the Journals of the House of Commons of Canada (Journals), while the Senate
agenda is found in the Journals of the Senate. The Index to House and Senate Journals, organized by legislature and session number, document the dates of each bills
progress through Parliament.
The daily comments made by ministers and other members of Parliament are
recorded in the Debates of the House of Commons of Canada (Debates), while
senators comments are recorded in the Debates of the Senate of Canada. Parliamentary Debates, known as Hansard,7 are organized first by legislature and session
number and then by date. The date that a bill passes a particular legislative phase
is used to find debates about a bills progress.
The following excerpt illustrates first reading debate commentary.8
OATHS OF OFFICE
Right Hon. Stephen Harper (Prime Minister, CPC) moved for leave to introduce Bill
C-1, respecting the administration of oaths of office.
Mr. Speaker, I seek the unanimous consent of the House to have the bill printed.
(Motions deemed adopted and bill read the first time)
The Speaker: Does the right hon. Prime Minister have the consent of the House to
have the bill printed?
Some hon. members: Agreed.

***

5 See Parliament of Canada, Bills: Private Members Bills, online: <http://www.parl.gc.ca/LEGISINFO/


Home.aspx?ParliamentSession=41-1&BillType=Private+Member%E2%80%99s+Bill&Page=1>.
6 See Parliament of Canada, LEGISinfo, online: <http://www.parl.gc.ca/LegisInfo>.
7 This is the name of the person who originally kept debate records. For a full history of the earliest
publishing of the Debates, see Elizabeth Nish, ed, Debates of the Legislative Assembly of United
Canada 1841 (Montreal: Presses de lcole des Hautes tudes Commerciales, 1970) vol 1 at xviii.
8 Canada, House of Commons Debates, 41st Parl, 1st Sess, No2 (3 June 2011) at 15 (Hon Stephen
Harper, PM).

3:8

Part II Legal Research

D. Second Reading Stage


After passing first reading, the bill is scheduled for second reading.9 The introducing minister or member of Parliament may explain the basis for the bill, followed
by debate, which provides members of Parliament with the opportunity to comment on the bill. Following debate, a motion is made to dispose of second reading,
followed by a recorded vote. If a majority of those voting support the bill, it proceeds; if a majority vote against the bill, it is defeated. A bill that passes second
reading may be referred to one or more committees for further study before being
scheduled for third reading.
The following excerpt illustrates second reading debate commentary.10
FAIR AND EFFICIENT CRIMINAL TRIALS ACT
The House resumed consideration of the motion that Bill C-2, An Act to amend the
Criminal Code (mega-trials) be read the second time and referred to a committee.

***
The Acting Speaker (Mr. Bruce Stanton): Order, please. It being 2:09 p.m., pursuant
to an order made earlier today, it is my duty to interrupt the proceedings at this
time and put forthwith the question on the motion for second reading now before
the House. The question is on the motion. Is it the pleasure of the House to adopt the
motion?
Some hon. members: Agreed.

(Motion agreed to, bill read the second time and referred to a committee)
***

E. Committee Stage
Committees of the House or Senate, made up of members of Parliament or senators, have a particular mandate or area of expertise. Standing committees meet
routinely,11 while special committees meet as required.12 After finishing its work,
the committee reports to Parliament. The final report may include proposed
amendments to the bill, which may or may not be adopted.

9 As noted in the Journals.


10 Canada, House of Commons Debates, 41st Parl, 1st Sess, No10 (16 June 2011) at 467.
11 Current standing committees of the House include Finance, Transport, and Justice and Legal
Affairs.
12 FAQ, supra note 3.

Chapter 3 The Federal Law-Making Process

3:9

Recent committee reports are now available online through the Parliament of
Canada website.13 Committee reports that are not available online are available in
print in most large libraries.

F. Third Reading Stage


After the committee reports to Parliament, the bill proceeds to third reading (in
amended form if committee recommendations have been accepted). Discussions
at this stage are recorded in the Debates. After third reading, a bill is passed if a
majority of those voting support the bill.
Once the bill passes through the House, it is sent to the Senate, where it undergoes a similar review. A bill that originates in the Senate follows the same process,
finalizing its journey in the House.

G. Royal Assent
Once a bill passes all six readings in both the House and the Senate, it receives
royal assent. The Governor General, the Queens representative in Canada, signs
the bill, symbolizing the Queens consent to its enactment. Notification of royal
assent is recorded in the Debates.14
ROYAL ASSENT
The Right Honourable David Johnston, Governor General of Canada, signified royal
assent by written declaration to the bills listed in the Schedule to this letter on the
29th day of November, 2011, at 4:15 p.m. Bills assented to Tuesday, November 29,
2011:
An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her
Majesty the Queen in right of Canada concerning the Eeyou Marine Region (Bill C-22,
Chapter 20, 2011)
A third Act to harmonize federal law with the civil law of Quebec and to amend
certain Acts in order to ensure that each language version takes into account the
common law and the civil law (Bill S-3, Chapter 21, 2011)
An Act to amend the National Defence Act (military judges) (Bill C-16, Chapter 22, 2011)

13 Parliament of Canada, House of Commons Committees, online: <http://www.parl.gc.ca/


CommitteeBusiness>.
14 Canada, Senate Debates, 41st Parl, 1st Sess, No 34 (29 November 2011) at 1640.

3:10 Part II Legal Research

H. Publication of Statutes: Enacted and Consolidated


VersionsPrint and Online
Once a bill receives royal assent, it is published. The act as it first appears in the
Canada Gazette, Part III and the Statutes of Canada is the enacted version, also
referred to as an annual statute, source law, or session law. The current version of
the statute, which includes all amendments, is the consolidated version. This version
may be referred to as a consolidated statute or a revised statute.
After receiving royal assent, an act is sent to the Clerk of the Parliaments. The
Clerk retains the original copy15 on file, and creates a certified copy under seal that
is sent to the Queens Printer, first for dissemination in the Gazette, Part III, the
Justice Laws Annual Statutes online, and later for dissemination in the Statutes of
Canada, which are the permanent annual statutes publication.
The Statutes of Canada, which are abbreviated as SC in legal citations, are
published each year in one or more volumes, and contain all statutes enacted
during that year. The SC also identifies the parliamentary session during which
the legislation was passed.
Acts are given a chapter number and are ordered within the annual volume(s)
by date of enactment. The chapter number identifier is used to locate an act. For
example, An Act to amend the Citizenship Act, in the SC 2005 volumes, has been
assigned chapter number 17.16

Locating the Enacted Version of a Statute


When completing legislative research, record the information source and methods
used. This is used to complete a legislative history, described later in this chapter,
and a research log, described in Chapter9.

15 For certainty, the Clerks copy supersedes all others in case of discrepancies.
16 A detailed table of contents in the SC helps users to locate the relevant act. Each set of the SC also
provides several tables, which will be described in Chapter 4.

Chapter 3 The Federal Law-Making Process 3:11

Task 3.1

Locating an Enacted Version of a Statute in Print: Official


1. Locate the annual Statutes of Canada (not the Revised Statutes of Canada) in
the library.
2. Use the acts citation reference to locate the relevant volume containing the
year and chapter number of the enacted statute. Finally, locate the act using
its chapter number.
3. Historical annual Statutes can be found in print and on HeinOnline in Session
Laws, from 1792 to the present.

Task 3.2

Locating an Enacted Version of a Statute Online: Authoritative


Enacted versions of statutes are found online after 2000.
1. On the Justice Laws website, <http://laws-lois.justice.gc.ca>, go to Annual
Statutes.
2. Using the citation reference, select the relevant year and locate the statute.

3:12 Part II Legal Research

Enacted versions of federal statutes can be found in the Canada Gazette, which is
the governments official newspaper.

Task 3.3

Locating an Enacted Version of a Statute Online: Official


On the Canada Gazette website, <http://www.gazette.gc.ca>, Gazettes from the
current session of Parliament are listed under Latest Publications, while Gazettes
from previous parliamentary sessions are located in the Archives,
<http://www.gazette.gc.ca/archives/archives-eng.html>.

Locate the relevant statutes year of enactment. The individual issues of the
Canada Gazette published that year are shown.

The Canada Gazette, Part III is organized by year, volume, issue number, and
page. The chapter numbers for each statute published in the Statutes of
Canada are listed. PDFs include bookmarks for each statute chapter number.

If a recent act has not yet been published in the Canada Gazette, Part III, locate
the version of the statute at royal assent, which is provided on the LEGISinfo
website, <http://www.parl.gc.ca/LEGISINFO>.

Chapter 3 The Federal Law-Making Process 3:13

All bills must receive royal assent before becoming law. However, not all acts take
effect on royal assent; others come into force at a later date. Determining the
coming into force date of legislation is the final step in the process of a bill becoming law.

I. Locating Coming into Force Information for Acts


The coming into force (CIF) date of legislation must be confirmed to ensure that
the law was in force at the relevant time under consideration.
Following a bills successful passage through the House and the Senate, it receives royal assent. An act may come into force immediately upon receiving royal
assent, but the date of royal assent is not always the date that the act takes legal
effect. Some acts come into force only after they are proclaimed. Others come
into force on specific dates, or when certain conditions are met, while others are
silent as to their coming into force. Moreover, an act can come into force as a
whole, or sections of the act can come into force on various dates. Staggered implementation may be necessary when the statute amends other acts, or when it
alters the operation of a regulatory structure.
In some instances, the CIF date can be established without difficulty. Statutes
in force on royal assent or on a specified date provide the CIF date in the statute
itself. Statutes that are silent about their CIF rely on interpretive legislation that
fixes their CIF date.
The most challenging aspect of CIF research involves acts whose CIF date
comes into force on proclamation. Statutes that are in force on proclamation do
not specify the CIF date in the act itself; therefore, additional steps must be taken
to locate the CIF, adding complexity to the research process.
Once the CIF date is located, according to the Interpretation Act,17 [j]udicial
notice shall be taken of a day for the coming into force of an enactment that is
fixed by a regulation that has been published in the Canada Gazette. Blacks Law
Dictionary18 defines judicial notice as [a] courts acceptance, for purposes of
convenience and without requiring a partys proof, of a well-known and indisputable fact.
Accordingly, for statutes that are proclaimed, once the proclamation is located
and referenced, the CIF date will be acceptable in court without the need for
additional proof.

17 RSC 1985, c I-21, s 6(3).


18 Blacks Law Dictionary, 9th ed, sub verbo judicial notice.

3:14 Part II Legal Research

The steps by which a federal act comes into force can be conceptualized as
shown in Figure3.2.

Locate the CIF provision


at the back of the enacted
version of the statute

If CIF on royal assent

If CIF on proclamation

Note the date of royal assent

Note the date of royal assent

Official copy of the statute is


evidence of CIF
Look in the Table of
Proclamations in the back of
the SC or in the back of the
Canada Gazette, Part III

Locate the statutory


instrument in the
Canada Gazette, Part II
as evidence of CIF
FIGURE 3.2

Steps to Locate CIF of Acts

Chapter 3 The Federal Law-Making Process 3:15

The examples that follow illustrate the steps to take to locate CIF dates in most
situations.

1. Steps for Finding CIF Information for Acts: Online and Print
Task 3.4

Locating Coming into Force Online: Royal Assent


When did the Fairness for Military Families (Employment Insurance) Act, SC 2010, c 9
come into force?
1. On the Justice Laws website, locate the enacted version of the Fairness for
Military Families (Employment Insurance) Act, SC 2010, c9.
2. Locate the CIF provision. Section 5 states: This Act comes into force on the
first Sunday after the day on which it receives royal assent.
3. If the section provides that the Act comes into force on royal assent, or if it
otherwise refers to the date of royal assent, turn to the title page or the first
page of the Act and locate the royal assent statement. The Fairness for Military
Families (Employment Insurance) Act was assented to on 29 June 2010. Therefore, it came into force on 4 July 2010, which was the first Sunday after the
date of royal assent.

3:16 Part II Legal Research

Task 3.5

Locating Coming into Force Online: Proclamation


When did the Immigration and Refugee Protection Act, SC 2001, c 27, s 4 come into force?
1. On the Justice Laws website, locate the enacted version of the statute and find the
CIF provision. Section 275 states that the provisions of this Act come into force on a
day or days to be fixed by order of the Governor in Council. A
ccordingly, this statute
did not come into force on royal assent. However, record the date of royal assent
(1November 2001) because it will be required tocomplete a legislative history.
2. Locate the Table of Proclamations, which is published as an appendix in the last
volume of the annual Statutes of Canada (print publication) each year, and is available online in the final pages of each issue of the Canada Gazette, Part III. Alink is
provided on the Justice Laws website to the Canada Gazette. The steps below
outline the process when using the online version.
a. From the Canada Gazette, Part III Archives page, choose the relevant year (2001).
b. In the 2001 volume, review the dates and select one of the issues published
after the date of royal assent (1 November 2001).
c. In the PDF version, review the Table of Proclamations. If the relevant statute is
not included in this table, close the PDF and select the next issue. Continue until
you locate the CIF information.
d. If the Act was proclaimed so recently that the Table of Proclamations does not
contain the relevant information, link to the Canada Gazette, Part II, and review
only those published after the most recent version of the Table of Proclamations
found in Part III.
e. In this case, the issue of the Canada Gazette, Part III published on Wednesday,
13February 2002, vol24, no5 provides that section 4 of the Immigration and
Refugee Protection Act came into force on 6 December 2001.

Chapter 3 The Federal Law-Making Process 3:17

Task 3.6

Locating Coming into Force in Print: Royal Assent or Proclamation


When did the Canada Student Financial Assistance Act, SC 1994, c 28 come into force?
Online searching is not always possible. If the statutes CIF predates Justice Canadas
online coverage, use print sources.
1. Locate the Act in the 1994 print volume of the annual Statutes of Canada. If the CIF
section provides that the Act comes into force on royal assent, or if it otherwise
refers to the date of royal assent, turn to the title page or the first page of the Act
and record the date of royal assent.
2. If the Act did not come into force on royal assent, but came into force on a date to
be proclaimed, continue with the following steps.
a. Locate the Table of Proclamations, which is published near the end of the last
volume of each annual set of volumes of the Statutes of Canada.
b. Proclamations might be made immediately, but if the proclamation is not in the
Table of Proclamations in the year the Act received royal assent, examine the
Table of Proclamations in subsequent years until you locate the proclamation.
c. Statutes are listed in the Table of Proclamations in alphabetical order by statute
title and chapter number.
d. Review the information in the column to the right of the statute. The date of
coming into force is provided, along with the volume number and page number
in the Canada Gazette, Part II where the statutory instrument can be found.
e. In this case, the Canada Student Financial Assistance Act, SC 1994, c 28 came into
force on 1 August 1995. Although the statutory instrument that brought the Act
into force is not identified by its citation, the document location is provided;
therefore, select the relevant volume number and page reference in the Canada
Gazette, Part II to locate the CIF document.

3:18 Part II Legal Research

2. Other CIF Circumstances: Online and Print


Regardless of whether the statute itself states that it comes into force on
royal assent, proclamation, or a specified date, or is silent as to its coming
into force, the CIF provisions come into force on royal assent.19
Statutes that do not specify a CIF date are deemed to be in force on royal
assent through the operation of the Interpretation Act.20
When CIF information is provided for some sections of an act but not
others, the sections of the act not included in the specified CIF provisions
come into force on royal assent.21
From time to time, a statute or statute section may never be brought into
force. The Statutes Repeal Act 22 disposes of certain unproclaimed acts.
Regardless of how a statute comes into force, the date of royal assent must always
be recorded, along with any reference to the Canada Gazette in the case of acts
proclaimed or otherwise brought into force. This information is used in creating
CIF statements (discussed later in this chapter) and legislative histories (discussed
in Chapter 4), and is an essential component of a research log (discussed in
Chapter9).
As well as determining how an act comes into force, legal researchers must be
able to locate and track a bill at each stage of its passage through Parliament.

II. How to Track a Bill That Is


Currently in Parliament
A. Why Track a Bill?
Practising lawyers, legal scholars, and students must be able to track a bill through
each stage of its development, because this information may be relevant to the
interpretation of the legislation. Merely understanding the law-making process is
not sufficient. Determining the reasons for the bills enactment, including discussions held during debates, is an essential legal research competency.

19 Interpretation Act, supra note 17, s 5(3).


20 Ibid, s 5(2).
21 Ibid, s 5(4).
22 SC 2008, c 20.

Chapter 3 The Federal Law-Making Process 3:19

B. Introduction to LEGISinfo
While historical research requires the use of print sources, bills currently before
Parliament can be tracked online using the Library of Parliaments online tool
LEGISinfo, which is a collaborative effort of the Senate, the House of Commons,
and the Library of Parliament. According to its website:23
LEGISinfo is an essential research tool for finding information on legislation before
Parliament. This tool provides electronic access to a wide range of information
about each bill, such as:

details on the passage of the bill through the Senate and House of Commons;

text of the bill as introduced at First Reading and its most recent version if it is
amended during the legislative process;

votes;

major speeches at second reading;

coming into force data;

legislative summaries from the Parliamentary Information and Research


Service of the Library of Parliament; and

government press releases and backgrounders (for government bills).

C. Finding a Bill: How LEGISinfo Is Organized


The home page for LEGISinfo lists all bills that have been introduced during the
current legislative session. (See Figure 3.3.) Although recently enacted bills are
listed first, they are further categorized to promote ease of access:
To view bills in order by bill number, choose Sort By: Bill Number directly
above the list of bills. (This is the default view.)
To view bills that were before Parliament during a previous legislative
session, choose the legislature and session number under Refine Your
Search: Parliament - Session.
Bills can be searched quickly by bill number or title (see Figure 3.4), and the
results can be sorted by bill number or by Parliament and session.

23 <http://www.parl.gc.ca/LegisInfo/AboutLegisInfo.aspx>.

3:20 Part II Legal Research

Figure 3.3 Viewing Bills on LEGISinfo

Figure 3.4 LEGISinfo Search Function

Bill searches can be refined using preset options under Refine Your Search.
These options allow searches to be organized by:
originating chamber (House or Senate)
type of bill (public or private members)
sponsoring member of Parliament/political affiliation
status of the bill
Use the Advanced Search feature to construct more complex searches.

Chapter 3 The Federal Law-Making Process 3:21

D. Viewing Bills Online


Once you have located the relevant bill, open it to view the bills content page. Since
a bill can be amended at each stage in the legislative process, different versions of
the bill are available. To see the full text of the bill, under Latest Publication select
All Published Versions. This displays links to the full text of the bill as it appeared
during each stage in the legislative process.

E. Determining the Status of Bills


To examine the bill at any stage in the legislative process, return to the bills information page.
As shown in Figure 3.5, the bills information page provides essential information
that can be organized to complete a legislative history. (The steps for constructing
a legislative history are explained in Chapter 4.)

Legislature and Session


Number

41st Parliament, 1st Session

Bill Number

C-2

Bill Title

An Act to amend the Criminal Code (mega-trials)

Sponsor

Minister of Justice (includes a link to more


information about the Minister)

Bill Stage

Royal assent (includes the date of royal assent:


2011-06-26)

Status of the Bill (Table)

The status table shows the dates of the bills


passage in the House and Senate.

Figure 3.5 Bill Information Available on LEGISinfo

F. Viewing Debates
Information obtained from debates can be used to determine the intent of the
legislation. Debates of the House and Senate contain verbatim transcripts of discussions during a bills passage.

3:22 Part II Legal Research

Task 3.7

Locating Recent Debates


Use LEGISinfo to locate recent debates online.
1. Open the bills information page and select the relevant legislative stage.
2. Choose Show Sittings to display the enumerated Chamber Sitting, then
click the date of the sitting to link to the Debate.
3. At the top right of the page, choose Print format to view the PDF version.

The PDF is a copy of the actual contents of the print version of the Debates,
so the page numbers in the PDF can be used for citation purposes.

The Debate can also be viewed and searched online, but particular
passages cannot be cited by page number.

The Debates of the date of the sitting include statements by members, oral
questions, routine proceedings, government orders, and adjournment
proceedings. The Contents of the Debate are found at the end of the PDF
and at the beginning of the online version.

4. Scroll through the Contents, or use the PDF readers search function, to search
for keywords and phrases such as unique words from the title of the bill.

Chapter 3 The Federal Law-Making Process 3:23

G. Historical Versions of Bills and Debates


On occasion, you will need to conduct legal research using historical materials
that are not available online. Print sources of bills and debates are available in
most university and law libraries and can be consulted where online sources are
insufficient. Locating historical legal information is a multistep process because
bills and debates are located in separate volumes, organized by Parliament and
session. Locating historical versions of bills and debates is discussed in Chapter 4.

H. Legal Citation of Federal Bills, Federal Statutes;


and Creating a CIF Statement: Format
There are a number of methods of citing Canadian legal sources, but the source
most frequently used in Canadian law schools is the Canadian Guide to Uniform
Legal Citation,24 which has been adopted by several courts and law journals. While
this text has adopted many of the McGill Guide conventions, it suggests alternatives
where necessary to provide relevant information about primary sources of law.

1.Bills
Locating a bill at each stage of its development requires an understanding of its
legal citation elements. The citation of a federal bill includes the following information, in the following order:
1.
bill number
2.
long title of the bill
3.
session number
4.
legislature number
5.
year
6.
pinpoint reference, if desired, to a clause, abbreviated as cl for a single
clause and cls for multiple clauses
7.
additional information about the status of the bill, if desired

Citations to bills include the legislative session in which the bill originated. The
legislative session includes a reference to both the session number (such as 1st
Sess) and legislature number (such as 38th Parl). Bills originating in the House
begin with C-, while bills originating in the Senate begin with S-.

24 7th ed (Toronto: Carswell, 2010) [McGill Guide].

3:24 Part II Legal Research

For example:
Bill C-61, An Act to amend the Copyright Act, 2nd Sess, 39th Parl, 2008, cl4

2.Statutes
Once a bill passes third reading in both chambers and becomes an act, its citation
format alters. The citation of a federal statute includes the following information,
in the following order:
1.
official short title as stated in the statute, or the long title of the statute if a
short title is not specified
2.
designation of the statute as first published as an annual Statute of
Canada (SC), or as subsequently consolidated and published in its
revised form as a Revised Statute of Canada (RSC)
3.
year of publication of either the annual or the revised statute
4.
chapter reference
5.
pinpoint reference, if desired, to a section, abbreviated as s for a single
section and ss for multiple sections

For example:
Statutes of Canada
Revised Statutes of Canada

Wage Earner Protection Program Act, SC 2005, c 47, s2


Wages Liability Act, RSC 1985, c W-1, s 3

3. CIF Information Statement


A CIF statement communicates the essential details of a statutes coming into
force. Although the McGill Guide does not recommend a format for a CIF statement, it does suggest a citation format for the Canada Gazette, which is included
in a CIF statement. However, the recommended format for citing the Canada
Gazette omits essential information required in a complete CIF statement.
The following CIF information summary includes all essential information:
The Canada Student Financial Assistance Act, SC 1994, c 28 came into force in
accordance with section 29 of the Act on 1 August 1995 by Order of the Governor
in Council, as evidenced by Order Fixing August 1, 1995 as the Date of the Coming
Into Force of the Act, SI/95-77 published in the Canada Gazette, Part II, 9 August
1995, vol 129, no16, page 2190.

Chapter 3 The Federal Law-Making Process 3:25

The CIF statement in the format recommended by the McGill Guide is as


follows:
The Canada Student Financial Assistance Act, SC 1994, c 28 came into force in
accordance with section 29 of the Act on 1 August 1995 by Order of the Governor
in Council, as evidenced by Order Fixing August 1, 1995 as the Date of the Coming
Into Force of the Act, SI/95-77, (1995) C Gaz II, 2190.

Although the McGill Guide states that it is not necessary to include a full citation
to a Canada Gazette when citing orders in council or regulations,25 for research
purposes Canada Gazette location information is preferred. Noting the date,
volume, issue, and page number ensures that the CIF information can be located
if proof of CIF information is required. Therefore, when completing a CIF statement, include the location information as noted in the first example.

III. How a Regulation Becomes Law


at the Federal Level
A discussion of the process by which legislation is created begins with statutes and
concludes with regulations. Regulations are termed subordinate legislation because they derive their existence and authority from statute, yet they perform
important functions on their own, and have the same force in law as statutes.

A. Regulatory Authority: The Enabling Act


Regulations may be created to explain the details of an acts application. Other
regulations are created to bring statutes into force, as discussed earlier. Understanding the process by which regulations are created is central to understanding
how to locate and work with them.
The authority to make regulations is derived from an enabling statute, as the
following example indicates (emphasis added):
11. The Governor in Council may make regulations providing for the
establishment and operation of a program to provide special interest-free or
interest-reduced periods to borrowers or classes of borrowers, including the
terms and conditions of the granting or termination of the periods, the making,

25 Ibid at ch 2.6.1.

3:26 Part II Legal Research


continuation or alteration of agreements between borrowers and lenders when
the periods are granted or terminated and the authorization of lenders to grant or
terminate the periods and otherwise administer the program.
Source: Canada Student Loans Act, RSC 1985, c S-23, s11.

B. How a Regulation Is Created


When determining whether regulations have been created pursuant to a statute,
consider the following points:
Does the statute contain enabling language that allows the creation of regulations? If the statute does not contain enabling language, then regulations
cannot be created.
If the statute contains enabling language, is the language mandatory or permissive? In the example above, the use of the word may indicates that the
creation of regulations is permitted but not mandatory. If the word shall
had been used instead, the creation of regulations would be mandatory.
Once a regulation has been prepared by the authorized body,26 it is submitted
in both official languages to the Clerk of the Privy Council, who reviews it in
consultation with the Deputy Minister of Justice.27 After examination (and any
necessary revision), the regulation is submitted again in both official languages to
the Clerk of the Privy Council, and the regulation is registered.28 Regulations are
also scrutinized by a standing committee of the House and of the Senate,29 but are
not otherwise scrutinized by Parliament.
All regulations must be published in the Canada Gazette, Part II within 23 days
of being registered.30

C. Steps for Finding CIF Information for Regulations


As with statutes, regulations must come into force in order to take effect. Unless
otherwise stated, regulations come into force on the day they are registered.31

26 Statutory Instruments Act, RSC 1985, c S-22, s 2. Regulations include rules of the court and many
other types of instruments.
27 Ibid, s 3(2).
28 Ibid, s 6.
29 Ibid, s 19.
30 Ibid, s 11(1).
31 Ibid, s 9.

Chapter 3 The Federal Law-Making Process 3:27

The steps for finding CIF information for regulations are shown in Figure 3.6.

Preparation

Review by
Clerk of the Privy Council
Deputy Minister of Justice
Parliamentary Standing Committees

Registration by
Clerk of the Privy Council

Publication in
Canada Gazette, Part II

FIGURE 3.6

Steps for Finding CIF Information for Regulations

The process for locating unrevised and consolidated regulations is described in


Chapter4.

Task 3.8

Finding CIF Information for Regulations


1. Locate the regulation as it appeared when it was originally registered.
2. Determine whether the regulation contains a CIF provision. Most regulations
do not contain such a provision. For those that do, the provision specifies the
date on which the regulation, or sections of it, comes into force.
3. For all regulations that do not contain additional CIF information, the date of
registration displayed at the beginning of the regulation is the date the regulation came into force, pursuant to section9 of the Statutory Instruments Act.

3:28 Part II Legal Research

D. Legal Citation of Federal Regulations


When providing a regulation citation, note whether it was registered before the last
consolidation in 1978, and thus appears as a consolidated regulation (CRC), or
whether it was registered after 1978, and thus appears as an unrevised regulation
(SOR).
The citation of a consolidated regulation includes the following information,
in the following order:
1.
name of the regulation
2.
reference to the Consolidated Regulations of Canada, abbreviated CRC
3.
CRC chapter number
4.
pinpoint reference, if desired, following the CRC chapter number
5.
year of the consolidation or revision, if desired

For example:
Pacific Pilotage Regulations, CRC 1978, c 1270

The citation of an unrevised regulation includes the following information, in


the following order:
1.
name of the regulation, if desired
2.
reference to the Statutory Orders and Regulations, abbreviated SOR
3.
year of the regulation, shown as two digits for years prior to 2000 (e.g.
98 for a 1998 regulation) and four digits for years including and after
2000 (e.g. 2013)
4.
SOR regulation number
5.
pinpoint reference following the SOR regulation number, if desired

For example:
Pacific Hake Exemption Notice, SOR/86-750

Chapter 3 The Federal Law-Making Process 3:29

IV. Meaning of Official Sources, Authoritative


Sources, and Unofficial Sources of
Legislation: Guide to Publications
Legislation is published in various formats. While the government is responsible
for the initial official publication of legislation, others may subsequently reproduce it. Commercial publishers and some non-commercial publishers of legal
information typically reproduce legislation on their online platforms or in their
print publications. These unofficial sources of law may be preferred by legal researchers for a variety of reasons. Some unofficial sources can be navigated more
quickly than official sources, and they often have added value, such as links to
judicial decisions that have considered the legislation, or summaries of leading
cases that have interpreted the legal principles derived from the legislation.
In most legal research situations, any source of legislation may be consulted.
However, if a matter goes to court, lawyers are required to substantiate the applicable legislation in support of their argument, so the official version of legislation
must be provided.

A. Legislative Foundations of Official Publications


For legal research and court purposes, an official source refers exclusively to
Government of Canada publications, including legislation and judicial decisions.
Official sources are also known as primary sources of law because they are the
original source of the legal rules and interpretations of the law published by the
government or issuing court.
Providing an official version ensures that all parties are referring to the same
version of the legislation or case, and that their references to paragraphs or page
numbers are identical. This ensures accuracy and consistency, which helps to
protect the interests of clients and the integrity of the justice system.
Official sources of federal legislation are discussed below. Official sources of
provincial legislation are discussed in Chapter 5 and in specific provincial research
chapters, and official sources of judicial decisions are discussed in Chapter6.
The statutory authority to provide a court with an official copy of legislation
begins with the Publication of Statutes Act:32

32 RSC 1985, c S-21, ss 4, 5, 9.

3:30 Part II Legal Research

4. The Clerk of the Parliaments shall have a seal of office and shall affix the
seal to certified copies of all Acts required to be produced before courts of justice,
either within or outside Canada, and in any other case in which the Clerk of the
Parliaments considers it expedient.
5. All copies of the Acts certified by the Clerk of the Parliaments pursuant to
section4 shall be held to be duplicate originals and to be evidence of those Acts
and of their contents as if printed under the authority of Parliament by the Queens
Printer.

9. The Clerk of the Parliaments shall furnish the Queens Printer with a certified
copy of every Act of Parliament as soon as it has received royal assent.

Furthermore, the Canada Evidence Act 33 confirms that documents published


by the Queens Printer are acceptable for evidentiary purposes in court.
19. Every copy of any Act of Parliament, public or private, published by the
Queens Printer, is evidence of that Act and of its contents, and every copy
purporting to be published by the Queens Printer shall be deemed to be so
published, unless the contrary is shown.
20. Imperial proclamations, orders in council, treaties, orders, warrants, licences,
certificates, rules, regulations or other Imperial official records, Acts or documents
may be proved
(a) in the same manner as they may from time to time be provable in any
court in England;
(b) by the production of a copy of the Canada Gazette, or a volume of the Acts
of Parliament purporting to contain a copy of the same or a notice thereof; or
(c) by the production of a copy of them purporting to be published by the
Queens Printer.

In summary, if the source is not designated by statute as official, it is not official


evidence of the law for courtroom use, and is considered to be an unofficial source
of law. This includes most web-based and commercial publications. Therefore,
whenever possible, provide a copy of the law obtained from the Canada Gazette
and other publications by the Queens Printer for use in court.
33 RSC 1985, c C-5, ss 19-20. Because of the legal distinction between official and unofficial sources of
legislation, only methods of locating official sources are described in this chapter and in Chapter 4;
methods of locating unofficial sources of legislation are discussed in Chapter 7. The same guideline
applies to matters adjudicated in provincial court, which are subject to provincial evidence laws, as
explained in specific provincial research chapters.

Chapter 3 The Federal Law-Making Process 3:31

Some versions of Government of Canada publications, while not official, are


considered authoritative and are preferable to unofficial versions. Authoritative
publications are most commonly found on government websites.

B. Official and Authoritative Publications: Online and Print


1. Canada Gazette
The Canada Gazette is published in print and online. The print and online versions
are governed by different regulations and therefore must be considered separately.
Pursuant to applicable legislation, a copy of a statute taken from the print version of the Canada Gazette, Part III provides appropriate evidence for use in a
federal court.34 Similarly, a copy of a regulation taken from the print version of the
Canada Gazette, Part II is acceptable evidence for use in a federal court.35
Pursuant to statutory authority,36 the online version of the Canada Gazette, in
PDF form, is now considered to be an official version of the law, under the Canada
Gazette Publication Order.37

2. Statutes of Canada
The Statutes of Canada are published in print and online. The print and online
versions are governed by different regulations and therefore must be considered
separately. At the time of publication of this text, the print version is official, while
the online Justice Laws Annual Statutes collection is merely authoritative.
Sections 10, 11, and 12 of the Publication of Statutes Act 38 provide the authority
by which statutes are published in the Statutes of Canada. Furthermore, the Publication of Statutes Regulations 39 set out the details of this publication.
However, while the Act confers authority to the Governor in Council to prescribe regulations about the manner in which statutes are to be printed, to date no
further regulations have been filed to confirm that the content of the Annual
Statutes collection on the Justice Laws website is official.

34 Statutory Instruments Regulations, CRC, c 1509, s 12. See also Publication of Statutes Act, supra
note32, s12.
35 Statutory Instruments Regulations, supra note 34, s11(2).
36 Supra note 26, s 10.
37 SI/2003-58, s 1. Effective 1 April 2014, there will no longer be a requirement to distribute and sell
the print version of the Canada Gazette pursuant to Statutory Instruments Regulations, CRC, c1509,
ss19-20, as amended by Regulations Amending the Statutory Instruments Regulations, SOR/2013-85.
38 Supra note 34, ss 10-12.
39 CRC, c 1367.

3:32 Part II Legal Research

According to the Chief Legislative Editor, Department of Justice, Canada:


The data of the Acts that are included in the Annual Statutes collection on
the Justice Laws Website is taken from the assented to versions of Acts that
are published, within days after royal assent, by the Speaker of the House
of Commons or the Speaker of the Senate. It is this same data that is later
published in the Canada Gazette, Part III and in the bound volumes of
the Annual Statutes of Canada, printed by the Queens Printer.40

Accordingly, the Annual Statutes collection on the Justice Laws website should
be considered authoritative and not official.

3. Revised Statutes of Canada


The Revised Statutes of Canada are published in print and online. Pursuant to the
Legislation Revision and Consolidation Act,41 which governs official consolidations
of law at the federal level, both the print version of the Revised Statutes of Canada
and the online version of consolidated statutes published on the Justice Laws
website are considered official sources. (The difference between consolidated and
revised statutes is discussed in Chapter4.)

4. Other Primary Sources of Law


Additional primary sources of law include the Debates of the Senate and House of
Commons. The print version and the PDF version of Debates on the LEGISinfo
website are considered official, because both contain the seal of the Crown. The
HTML version on the LEGISinfo website does not contain the seal of the Crown,
so it is not considered official and should not be used in court.
Most government legislative publications are considered authoritative for the purposes of legal research. As a result, one can rely on the contents of such publications.

40 Email from Ingrid Ludchen, Chief Legislative Editor, Legislative Services Branch, Department of
Justice, Canada, to Annette Demers (10 April 2013).
41 RSC 1985, c S-20, ss 28 and 31.

Chapter 3 The Federal Law-Making Process 3:33

C.Summary
A statute or regulation has official status when it bears the seal of the Crown. The
seal is located:
at the beginning of the print version of each print volume of the Statutes of
Canada and the Revised Statutes of Canada
on the consolidated version of statutes on the Justice Laws website, but
noton the online version of the Annual Statutes
at the beginning of the Canada Gazette in PDF, but not in HTML
If an official version is not available, an authoritative version from a government source is preferred to an unofficial source.
A PDF of the original may be used but an HTML version may not be substituted, because this format makes it difficult to direct the court and opposing
counsel reliably to page numbers.

D. Guide to Publications and Status of Commonly


Used Publications Tables
Figures 3.7 and 3.8 summarize the publications described in Chapters 3 and 4, the
information they provide, their date coverage, their status as official or authoritative sources, and their location, both online and print. If a publication is available
in print, the full set of the publication, including historical material, is likely
available at most law libraries.

3:34 Part II Legal Research


Figure 3.7 Guide to Publications
Publication

What It Is

Print

Online

Orders in
Council

Law made by the


executive

AVAILABLE: Yes/
intermittent

URL: <http://www.collectionscanada.gc.ca/
databases/orders/index-e.html>

COVERAGE:
Historical to present

COVERAGE: 1867-1910

AUTHORITY:
Official

and

AUTHORITY: Authoritative
URL: <http://www.pco-bcp.gc.ca/oic-ddc
.asp?lang=eng&Page=secretariats>
COVERAGE: 1990 to present
AUTHORITY: Authoritative

Canada
Gazette

The official newspaper


of the government

AVAILABLE: Yes

Part I contains notices.

COVERAGE:
Historical to present

Part II contains
regulations.

AUTHORITY:
Official

Part III contains


statutes as enacted.

URL: <http://www.gazette.gc.ca/gazette/
home-accueil-eng.php>
COVERAGE: Most recent 5-year period
(currently, 2013-2008)
AUTHORITY: Official/authoritative. The PDF
version has been official since 1 April 2003.
Neither the HTML version nor the PDF
version prior to 1 April 2003 is official;
however, both are authoritative.*
and
URL: <http://www.gazette.gc.ca/archives/
archives-eng.html#older>
COVERAGE: 1841-2007 (currently)
AUTHORITY: This is a scanned, PDF version
of the historical copies of the Gazette, as
reproduced by Library and Archives
Canada. It is a reproduction of an official
version and thus reliable in most instances.
However, note the disclaimer provided on
the site.

Bills

Journals of the
House of
Commons of
Canada and
Journals of the
Senate of
Canada

Libraries collect
copies of bills for each
legislative session.
Bills are available from
each legislative stage.

The daily agenda for


the House and Senate

AVAILABLE: Yes

URL: <http://www.parl.gc.ca/LEGISINFO>

COVERAGE:
Historical to
17September 2012**

COVERAGE: 37th Parl, 1st Sess to present


(29 January 2001 to present)
AUTHORITY: Authoritative

AUTHORITY:
Authoritative
AVAILABLE: Yes

URL: <http://www.parl.gc.ca>

COVERAGE:
Historical to
17September 2012**

NAVIGATION: Use the Site Map

AUTHORITY:
Authoritative

AUTHORITY: Authoritative

COVERAGE: 35th Parl, 1st Sess to present


(17 January 1994 to present)

Chapter 3 The Federal Law-Making Process 3:35


Publication

What It Is

Print

Online

Debates of the
House of
Commons of
Canada
(Hansard)

Organized by
legislative session and
then by day. Contains
verbatim transcript of
proceedings.

AVAILABLE: Yes

URL: <http://www2.parl.gc.ca/Sites/LOP/
ReconstitutedDebates/index-e.asp>

COVERAGE:
Historical to
17September 2012**
AUTHORITY:
Authoritative

COVERAGE: 1st Parl, 1st Sess to 1st Parl,


5thSess (1867-1872)
and
URL: <http://www.parl.gc.ca>
NAVIGATION: Use the Site Map
COVERAGE: 35th Parl, 1st Sess to present
(1994 to present)
AUTHORITY: Authoritative

Debates of the
Senate of
Canada

Organized by
legislative session and
then by day. Contains
verbatim transcript of
proceedings.

AVAILABLE: Yes
COVERAGE:
Historical to
17September 2012**
AUTHORITY:
Authoritative

URL: <http://www2.parl.gc.ca/sites/lop/
reconstituteddebates/index-e.asp>
COVERAGE: 1st Parl, 1st Sess to 1st Parl,
5thSess (1867-1872)
and
URL: <http://www.parl.gc.ca>
NAVIGATION: Use the Site Map
COVERAGE: 35th Parl, 1st Sess to present
(1994 to present)
AUTHORITY: Authoritative

Committee
reports

Reports prepared by
parliamentary
committees

AVAILABLE: Yes

URL: <http://www.parl.gc.ca>

COVERAGE:
Historical to
17September 2012**

NAVIGATION: Use the Site Map

AUTHORITY:
Authoritative

Statutes of
Canada

The permanent
collection of federal
laws as enacted

AUTHORITY: Authoritative
COVERAGE: 35th Parl, 1st Sess to present
(1994 to present)

AVAILABLE: Yes

URL: <http://laws-lois.justice.gc.ca/eng>

COVERAGE:
Historical to present

NAVIGATION: Go to Annual Statutes

AUTHORITY:
Official

COVERAGE: 2001 to present

AUTHORITY: Authoritative

Canada Gazette, Important Notices, online: <http://canadagazette.gc.ca/in-ai-eng.html>.

** After 17 September 2012, publications are available only in electronic format. See <http://publications
.gc.ca/site/eng/news/2012/2012-11-eng.html>.
The print version of this publication ceased from 1993 (34th Parl, 3rd Sess) to 2004 (38th Parl, 1st Sess).
This gap is only partially covered in the online version.

3:36 Part II Legal Research

Because there are no official methods to complete legal research, choose the
most efficient, cost-effective approach using the most authoritative sources available. Official sources may not be required for basic research needs. However,
when possible, official sources should be used for courtroom purposes. Figure 3.8
summarizes the sources that are considered official, authoritative, and unofficial for court purposes.
Figure 3.8 Status of Commonly Used Publications
Publication

Printer

Status

Canada Gazette, print

Queens Printer

Official

Canada Gazette, online

Queens Printer

Official

Statutes of Canada, print

Queens Printer

Official

Annual Statutes database on


Justice Laws website

Justice Canada

Authoritative

Revised Statutes of Canada,


print

Queens Printer

Official

Consolidated Acts database


on Justice Laws website

Justice Canada

Official

Debates, print

Canada Government
Publishing

Authoritative

Debates, online

Parliament of Canada

Authoritative

Journals of the House, print

Public Works and


Government Services

Authoritative

Journals of the House, online

Parliament of Canada

Authoritative

Secondary sources

Various

Unofficial; use copy from


original or PDF, not HTML

Locating and Working


with Federal Statutes
and Regulations

Contents
I. How Federal Statutes Are Amended, Consolidated, and Revised . . . . . . . . . . . . . . 4:4
A. The Purpose of an Amending Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Updating Statutes to Include Amendments: TheInitial Solution
Revised Statutes of Canada: Print Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Updating Statutes to Include Amendments: TheCurrent Solution
Revised Statutes of Canada: Online Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Legal Citation of Revised and Consolidated Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Guide to Publications in This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II.

4:4
4:5
4:8
4:10
4:11

Locating and Updating Revised and Consolidated Federal Statutes


Including Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:12
A. Locating Revised Statutes Using Official Sources: Print and Online . . . . . . . . . . . . . . . . . . .
B. Locating Statute Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Locating Statute Amendments Using the Table of PublicStatutes:
Online and PrintAuthoritative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Updating a Statute: Determining Coming into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:12
4:13
4:14
4:16

III. Steps for Locating Regulations as Registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:18


A. How Regulations Are Published, Organized, and Cited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:18
B. Locating a Citation to a Regulation as Registered: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:19
C. Locating Regulations as Registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:20

IV. How Federal Regulations Are Amended, Consolidated, and Revised . . . . . . . . . . 4:23
A. Consolidated Regulations of Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:23
B. Legal Citation of Consolidated Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:24

V.

Locating and Updating Consolidated Regulations Including Rules of Court . . .


A. Locating Current Consolidations of Regulations Using Official Sources: Online . . . . . . .
B. Locating Consolidations of Regulations Using Official Sources:
Historical ResearchPrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Locating Consolidated Regulations Using the Canada Gazette:
Historical ResearchPrint and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. How Federal Regulations Are Amended, Consolidated, and Revised . . . . . . . . . . . . . . . . .

4:25
4:25
4:27
4:28
4:30

VI. When to Use Prior Versions of Statutes and Regulations:


Period-in-Time Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:31
A. Determining the Relevant Date or Time Frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:31
B. Locating Prior Amendment Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:33

4:1

4:2

Part II Legal Research

VII. Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:34


A. Locating Prior Versions of Statutes Using Official Sources: 2003 and OnOnline . . . . . 4:34
B. Creating a Prior Version of a Statute Using Official Sources: 1985-2003 . . . . . . . . . . . . . . . 4:35

VIII. Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:37


A. Locating Prior Versions of Regulations on the Justice Laws Website . . . . . . . . . . . . . . . . . . 4:37
B. Creating a Prior Version of a Regulation Using Official Sources: 1978-2006 . . . . . . . . . . . 4:39

IX. Backdating Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:40


A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:40

X. Backdating Federal Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:41


A. Locating an Originating Act Using Official Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:41
B. Locating an Originating Statute Section Using Official Sources: Print . . . . . . . . . . . . . . . . . 4:44

XI. Backdating Federal Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:45


A. Locating an Originating Regulation Using Official Sources: Print . . . . . . . . . . . . . . . . . . . . . 4:45

XII. Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:47


A.
B.
C.
D.
E.
F.
G.
H.
I.

Key Components of a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Sample Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finding the Status or the Legislative History of a Bill Recently Before Parliament . . . . . .
Finding Debates, Committee Reports, and Journals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Creating a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finding the Status of a Bill for Statutes Passed After 2001: Online . . . . . . . . . . . . . . . . . . . .
Finding the Status of a Bill for Statutes Passed After 2003: Print . . . . . . . . . . . . . . . . . . . . . .
Finding the Status of a Bill for Statutes Passed After the RSC 1985: Print . . . . . . . . . . . . . .
Finding the Progress of Bills: Other Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:48
4:49
4:50
4:51
4:51
4:53
4:54
4:55
4:56

XIII. Researching Private Statutes: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:56

Learning Outcomes
By the end of this chapter, you should be able to:

Understand how federal statutes and regulations are amended, revised,







and consolidated
Locate official current and prior revised and consolidated versions of
statutes and regulations, in print and online
Update revised and consolidated federal statutes and regulations
Understand how to complete period-in-time research
Complete historical federal legislative research (backdating)
Compile a legislative history
Locate private statutes

Chapter 4 Locating and Working with Federal Statutes and Regulations

Research Tasks
4.1

Locating Historical Versions of Revised Statutes: PrintOfficial . . . . . . . . . 4:12

4.2

Locating Current Consolidations of Revised Statutes:


OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:13

4.3

Locating Statute Amendments Using Consolidated Acts:


Onlineand PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:13

4.4

Locating Statute Amendments Using the Table of Public Statutes:


Online and PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:15

4.5

Updating a Statute Using the Canada Gazette to Locate


Recent Amendments: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:16

4.6

Locating Regulations as Registered Using Official Sources


When the Name of the Regulation Is Known: Print . . . . . . . . . . . . . . . . . . . . . . 4:20

4.7

Locating Regulations as Registered by Citation Using


Official Sources: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:21

4.8

Locating Current Consolidated Regulations by Title . . . . . . . . . . . . . . . . . . . . . 4:25

4.9

Locating Current Consolidated Regulations by Citation . . . . . . . . . . . . . . . . . 4:26

4.10 Locating Current Consolidated Regulations by Title of Enabling Act . . . . 4:27


4.11 Locating Historical Regulations: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:27
4.12 Locating Consolidated Regulations by Title of Enabling Act . . . . . . . . . . . . . 4:28
4.13 Locating Amendments to Regulations Using the Amendment
Information Line: OfficialOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:30
4.14 Determining Statute Amendments in Force at a Specific Period
in Time Using the Table of Public Statutes: Official . . . . . . . . . . . . . . . . . . . . . . 4:33
4.15 Locating Prior Versions of Statutes Using Official Sources . . . . . . . . . . . . . . . 4:34
4.16 Creating a Prior Version of a Statute Using Official Sources . . . . . . . . . . . . . . 4:36
4.17 Locating Prior Versions of Regulations Using the Title
of the Regulation: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:37
4.18 Locating Prior Versions of Regulations Using the Title
of the Enabling Act: OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:38
4.19 Creating a Prior Version of a Regulation Using Official Sources:
1978-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:39
4.20 Locating an Originating Act Using Official Sources . . . . . . . . . . . . . . . . . . . . . . 4:42
4.21 Locating an Originating Statute Section Using Print Sources . . . . . . . . . . . . 4:44
4.22 Locating an Originating Regulation Using Print Sources . . . . . . . . . . . . . . . . 4:46
4.23 Reading Debates: Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:50
4.24 Compiling a Full Legislative History for Statutes Passed
After 2001: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:53
4.25 Compiling a Full Legislative History for Statutes Passed
After 2003: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:54
4.26 Compiling a Full Legislative History for Statutes Passed
After the RSC 1985: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:55

4:3

4:4

Part II Legal Research

Chapter 3 described the process by which Parliament creates statutes and regulations. Chapter 4 builds on that information and explains how to solve research
problems, working with statutes and regulations that have come into force.
It is important to be aware that legislation is published in two versions. First,
statutes are published as enacted, while regulations are published as registered.
Second, both statutes and regulations are published in a consolidated form. Further,
both versions are published in two formats: in print and online. The complexity
of federal legal research becomes apparent when it is recognized that competent
legal research requires the use of both versions (enacted or registered, and consolidated) and both formats (print and online). However, the versions have different functions, and the choice of whether to use a print or online format is dictated
by the nature of the research issue.

I. How Federal Statutes Are Amended,


Consolidated, and Revised
A. The Purpose of an Amending Statute
Amending statutes are created to alter some aspect of an existing statute. An
amending statute may change some wording of the existing statute, replace or
repeal sections or entire parts, or repeal the statute in its entirety. Once an amending statute has fulfilled its purpose, it has no future effect.
The following example illustrates the amendment process (see Figure 4.1):
The Motor Vehicle Safety Act was first enacted in 1993. Subsequently, the
government decided to change the definition of the term vehicle, and an
amending statute was created.1 Once the bill amending the Motor Vehicle
Safety Act was passed in the House and Senate, received royal assent, and
came into force, section 2 of the amending statute, titled the Ensuring Safe
Vehicles Imported from Mexico for Canadians Act, SC 2011, c1, amended
the definition of vehicle in the pre-existing Motor Vehicle Safety Act.

When conducting research, it is essential that you determine the amendment


history of a statute. There is no limit to the number of times a statute can be
amended; the longer it has been in existence, the greater the chance is that it has
changed. Therefore, a fundamental issue to be determined is whether the required
version of the statute is:

1 Creation of the statute followed the process described in Chapter3.

Chapter 4 Locating and Working with Federal Statutes and Regulations

4:5

the version as first enacted, as described in Chapter3


the current version containing all amendments, as described in the next
section
the version as it existed at a specific historical point in time, as described
later in the chapter
Figure 4.1 Example of an Amending Statute
Original Statute

Amending Statute

Title

Motor Vehicle Safety Act, SC 1993,


c 16, s 2

Ensuring Safe Vehicles Imported


from Mexico for Canadians Act,
SC2011, c1, s 2

Definition
of vehicle

Vehicle means any vehicle that


is capable of being driven or
drawn on roads by any means
other than muscular power
exclusively, but does not include
any vehicle designed to run
exclusively on rails.

Vehicle means any vehicle that


belongs to a prescribed class of
vehicles.

B. Updating Statutes to Include Amendments:


TheInitial SolutionRevised Statutes of Canada:
Print Consolidations
The Statutes of Canada (SC) provide the version of the statute as first enacted.
However, as legislation is amended, the original version of the statute ceases to be
current. The initial solution was to publish a revised version of the statute that
contained amendments to the statute as enacted. Several revisions have been
undertaken; the most recent version of the Revised Statutes of Canada (RSC) was
published in 1985, and the version before that in 1970.
The Revised Statutes of Canada, 1985 (RSC 1985) were compiled by the Statute
Revision Commission. The commission was given legislative authority to both
consolidate and revise the law.2

2 Revised Statutes of Canada, 1985 Act, RSC 1985, c40 (3d Supp) and Statute Revision Act, SC 197475-76, c20. Similar authority was provided in prior statutes enacted to authorize previous versions
of the RSC.

4:6

Part II Legal Research

To consolidate the law, the commission examined all statutes that were published in the RSC 1970, removed those acts that were repealed between 7 October
1970 and 31 December 1984, added all new substantive acts, and incorporated all
amendments to statutes that were enacted during the period. In summary, the
RSC 1985 included all substantive laws in force as of 31 December 1984, and it
consolidated all amendments to those laws. Figure4.2 summarizes the inclusions
in and omissions from the RSC 1985.
Figure 4.2 Summary of Inclusions in and Omissions from the 1985 Consolidation
Revised Statutes of Canada, 1985
Included

Omitted

Statutes in the RSC 1970, in force, that


were amended

Some statutes in force, but not amended


between 1970 and 1985

Substantive acts enacted after 1970 and


their amendments

Amending and repealing statutes


(non-substantive)

Substantive acts enacted between 1986


and 1988 (supplements)

Repealed statutes

Statutes from the prior 1970 consolidation that were not repealed form the
basis of the RSC 1985. However, their chapter numbers were changed to reflect an
alphanumeric identification that corresponded to their place in the new set.
The origin of each statute published in the RSC 1985 is noted in section1 of
the statute as it appears in the consolidation. This historical information line is
used to backdate a statute, which will be described later in this chapter.
Substantive statutes3 that were enacted between 1970 and 1985 were included
in the RSC 1985. They were integrated into the remaining contents of the RSC
1970 (as outlined above) and the entire set was organized alphanumerically. All
statutes were organized alphabetically and given a new chapter number that corresponded to their place in the set.
The Canadian Human Rights Act, SC 1976-77, c 33 became the Canadian Human
Rights Act, RSC 1985, c H-6.

3 Substantive statutes are created to regulate some aspect of the law. Amending statutes, in contrast,
are created to change some aspect of a substantive statute; they have no continued purpose once
they have amended the substantive statute. Some statutes have a dual function: they have a specific
substantive purpose, and they also amend other substantive law.

Chapter 4 Locating and Working with Federal Statutes and Regulations

4:7

The statutes origins (SC 1976-77, c 33) are provided in section1 of the RSC
1985 version of the statute. See Figure4.3.

Figure 4.3 Example of the Origins of a Statute Referred to in the Revised Statutes

Some statutes were not included in the 1985 statute revision. Amending statutes that were enacted between the RSC 1970 and the RSC 1985 and that did not
create a substantive act, but merely amended other acts, were not included in the
RSC. Although the amending statutes themselves were not reproduced as independent statutes within the RSC, the amendments they enacted were integrated
into the substantive statutes in the RSC. Also omitted from the RSC 1985 were
statutes that were not repealed and remain in force but that had no new amendments between 1970 and 1984.

The Criminal Law Amendment Act, 1977, SC 1976-77, c 53 does not appear in the
RSC 1985 because its only purpose was to amend criminal legislation.
The Canada Corporations Act, RSC 1970, c C-32 does not appear in the 1985
consolidation because it was not revised between 1970 and 1984; however, it has
not been repealed and remains in force.

A useful research tool is the Table of Concordance, published as a separate volume


in the RSC 1985. It details the status of every statute contained in the RSC 1970,
along with every statute enacted between 7 October 1970 and 31 December 1984.
Seemingly anomalous inclusions in the RSC 1985 are substantive statutes enacted between 1 January 1986 and 12 December 1988, along with amendments to
those statutes made during these years. These are contained in four supplemental
volumes to the RSC 1985. (A fifth supplement contains the Income Tax Act.) The
inclusion of these later statutes is understandable if one recognizes that rapid information organization and dissemination of legal information was far more
difficult before the digitization of legislation. Though the revision is named 1985,
it was not completed and published until 1989.

4:8

Part II Legal Research

Enacted version: Divorce Act, SC 1986, c 4, assented to 13 February 1986.


Revised version: Divorce Act, RSC 1985, c 3 (2d Supp).

Once amended, the statute sections were renumbered to account for sections that
had been repealed or added.4 When the revision was complete, the RSC 1985 was
brought into force under statutory authority by SI/88-227.
Although the RSC provides an accurate record of statute law as it appeared in
the year of its name (e.g. 1985, 1970), it did not solve the problem of determining the
amendments to the statute in force at a specific point in time between the dates of
consolidation.

C. Updating Statutes to Include Amendments:


TheCurrent SolutionRevised Statutes of Canada:
Online Consolidations
The print version of the Revised Statutes of Canada, 1985 is no longer current; in
fact, it increasingly lost currency with each new substantive and amending statute
enacted after its publication. Currently, all amendments are incorporated into each
statute, and the Department of Justice consolidates the law and makes these consolidations available online on the Department of Justice website (Justice Laws).5
The online consolidations are permitted by legislative authority. In 2009, the
Legislation Revision and Consolidation Act came into force.6 Pursuant to the Act,
the Statute Revision Commission retains the authority to revise statutes. This includes removing repealed sections, incorporating amendments, and renumbering
sections.7 However, there is no immediate intent to produce a new printed set of
the Revised Statutes of Canada.8
4 The Statute Revision Commissions authority to revise statutes, including the authority to renumber
statutes and to renumber statute sections, was also set out in the Statute Revision Act, RSC 1985,
cS-20, s6(d). (This Act has been succeeded by the Legislation Revision and Consolidation Act, infra
note 7.)
5 Department of Justice, Consolidated Acts, online: <http://laws-lois.justice.gc.ca/eng/acts/>.
6 RSC 1985, c S-20, as amended by the Personal Information Protection and Electronic Documents Act,
SC 2000, c5.
7 Legislation Revision and Consolidation Act, RSC 1985, c S-20, ss 3-4, 5-7.
8 Email from Ingrid Ludchen, Chief Legislative Editor, Legislative Editing and Publishing Services
Section, Department of Justice, to Annette Demers (7 February 2011): [Ludchen (7 February
2011)]: There are no plans to print a consolidation of the entire statute book in paper form, which
is a costly and time-consuming undertaking. The consolidated Acts and regulations provided free
of charge on the Justice Laws website have had official status (that is, they have evidentiary value in

Chapter 4 Locating and Working with Federal Statutes and Regulations

4:9

Although the Statute Revision Commission maintains the ability to revise


statutes, the Department of Justice, through the office of the Chief Legislative
Editor of Canada, now has the authority to consolidate the law and to make these
consolidations available online in an electronic format.9 The authority to consolidate, however, does not include the authority to renumber chapters or to renumber
sections of an act.10 The Act delineates consolidation dissemination,11 and establishes the official nature of such consolidations for use in a courtroom.12
In summary:
Official current consolidations of the law are now available on the Department of Justices Justice Laws Consolidated Acts online.
A new print revision is not being considered; the RSC 1985 is the most
recent print revision available.
Most of the current consolidations that appear on the Justice Laws website
were compiled using the RSC 1985 as their starting point; therefore, citations to RSC 1985 can be used to locate statutes as they appeared in the
print volumes of the RSC 1985 as well as some statutes in the current consolidations on the Justice Laws website.

accordance with section 31 of the Legislation Revision and Consolidation Act) since June 1, 2009.
Anyone can, at any time, print out a consolidation of any Act or regulation that has been included
on the Justice Laws Website. The consolidations are usually current to within three or four weeks of
an amendments coming into force. (This timeframe has to do with the timing of the publication in
the Canada Gazette, Part II of amendments and coming into force information.)
9 Legislation Revision and Consolidation Act, supra note 7, s26.
10 Ludchen (7 February 2011), supra note 8, The Statute Revision Commission referred to in the
Legislation Revision and Consolidation Act has authority to revise Acts, and, since 2009, to revise
regulations. It is the Minister of Justice that has been authorized to maintain a consolidation of
public statutes and regulations. These consolidations are made available in unilingual HTML and
bilingualPDF printable formats and are updated weekly on the Justice Laws Website.
11 Legislation Revision and Consolidation Act, supra note 7, ss 28-30.
12 Ibid, s 31(1).

4:10 Part II Legal Research

D. Legal Citation of Revised and Consolidated Statutes


Chapter 3 set out the basic format for citation of bills, regulations, and statutes as
enacted. There are additional variants when citing to a revised and consolidated
statute.

A statute as it appeared in the RSC 1985 is cited to RSC 1985.

A statute that was included in the RSC 1985 and that remains in force, thus
appearing in the current consolidations online, is cited to RSC 1985.

A statute that was last consolidated before 1970, and was not included in the
RSC 1985 print revision but that remains in force, thus appearing in the current
consolidations online, is cited to its RSC consolidation, e.g. 1970.

A statute as it appeared in the Statutes of Canada is cited to SC. This includes a


statute that was in existence before the RSC 1985 but that was not included in
the revision yet remains in force, thus appearing in the current consolidations
online.

A statute that was enacted after 1985 that remains in force, thus appearing in
the current consolidations online, is cited to SC.

Although the Canadian Guide to Uniform Legal Citation13 provides a generally


accepted format for legal citation of revised and consolidated statutes, there is a
legislative basis for some acceptable variations to the McGill Guide recommendations, as the following examples illustrate.
Several variations of the same statute may exist:
Statute Revision Act, RSC 1985, c S-20.14
Legislation Revision and Consolidation Act, RSC 1985, c S-20.15
Legislation Revision and Consolidation Act, RSC, c S-20.16

13 7th ed (Toronto: Carswell, 2010) [McGill Guide].


14 This Act originally appeared in the Revised Statutes of Canada, 1985 under this title.
15 This Act has been substantially amended and its title has been changed; however, because it was not
repealed, it continues to be cited to RSC 1985.
16 This citation is permitted by authority of the Revised Statutes of Canada, 1985 Act, RSC 1985, c40,
s9 (3d Supp). See also the Interpretation Act, RSC 1985, c I-21, s40(1).

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:11

E. Guide to Publications in This Section


A summary of statute publications discussed in this section, along with their
availability online and in print, is provided in Figure4.4. One may assume that
publications available in print form, including historical material, will be available
at most law libraries.
Figure 4.4 Summary of Statute Publications and Print/Online Availability

Revised Statutes of
Canada, 1985

Description

Print

Online

A collection of
revised federal
statutes compiled
by the Statute
Revision
Commission

AVAILABLE: Yes

AVAILABLE:
HeinOnline Session
Laws Library

COVERAGE:
Historical statutes
and their amendments in force as of
31 December 1984
AUTHORITY:
Official

Revised Statutes of
Canada, historical
versions

Revised federal
statutes

AVAILABLE: Yes
COVERAGE:
Historical content

AVAILABLE:
HeinOnline Session
Laws Library

AUTHORITY:
Official
Consolidated acts

Federal statutes
consolidated by the
Department of
Justice

AVAILABLE: No

AVAILABLE: Yes

COVERAGE:
Current

URL:
<http://laws.justice
.gc.ca/eng/acts>

AUTHORITY:
Official

4:12 Part II Legal Research

II. Locating and Updating Revised


and Consolidated Federal Statutes
Including Amendments
Chapter 3 explained the process to locate statutes as first enacted, while sectionI
of this chapter explained the amendment process. SectionII explains how to locate the amended versions of statutes that have been revised and consolidated.

A. Locating Revised Statutes Using Official Sources:


Print and Online
If you are required to locate historical versions of statutes not available online, use
the following method. The Interpretation Act, RSC 1985, c I-21 will be used for the
following examples.

Task 4.1

Locating Historical Versions of Revised Statutes: PrintOfficial


1. In a law library, use the library catalogue to locate the RSC 1985. Select
chapter I-21, using the Table of Contents to navigate the multiset series.
2. The RSC is organized in alphabetical order by statute title, and each act is
given an alphanumeric chapter number that reflects the first letter in its title
as well as its numerical position within the set. Turn to chapter I-21 to view
the statute.
3. The coming into force sections may be removed when the statute is revised.
If the original version of the statute as first enacted is required, follow the
steps to backdate a statute, described later in this chapter.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:13

Task 4.2

Locating Current Consolidations of Revised Statutes:


OnlineOfficial
1. On the Justice Laws website, go to Consolidated Acts.
2. From the alphabetical list of statutes, select I and locate the Interpretation Act.
3. If the statute is required for courtroom use, choose the PDF version, which is
marked by the seal of the Crown. Review the currency statement provided on
the title page of the document to determine the date the statute was last
updated.
4. The coming into force sections are removed when the statute is revised. If the
original version of the statute as first enacted is required, follow the steps to
backdate a statute, described later in this chapter.
5. If a current consolidation is required for courtroom use, update the statute to
the present date using the steps provided later in this chapter.

B. Locating Statute Amendments


At certain timesfor example, when completing period-in-time research
amendments to statutes that were made subsequent to the last print consolidation
must be located. The amendment information line found in the revised consolidated statutes can be used to locate this information.
The Access to Information Act, RSC 1985, c A-1, section 77 will be used for the
following example.

Task 4.3

Locating Statute Amendments Using Consolidated Acts:


Onlineand PrintOfficial

On the Justice Laws website, go to Consolidated Acts. Locate and review


section 77 of the Access to Information Act.

The amendment information line is located at the end of the section. It contains
citation references to two amendments to the designated section: R.S., 1985,
c.A-1, s.77; 1992, c.21, s.5; 2006, c.9, s.163. This can be interpreted as:
Section 77 of the Access to Information Act appearing in the Revised Statutes of
Canada, 1985 at chapter A-1 was first amended by the statute that appears at SC
1992, chapter 21, section 5. It was later amended by the statute that appears at
SC2006, chapter 9, section 163.

4:14 Part II Legal Research

If required, using the citation reference, locate the amending statutes as they
were first enacted in the print or online versions of the Statutes of Canada.

The print version of the RSC contains similar amendment information for the
statute and can be used to locate amending information. However, the print
version of the RSC cannot be used to determine any amendments made to
legislation subsequent to the last revision in 1985; therefore, its use is limited
to situations when historical research is required. This point will be discussed
in greater depth in the discussion on historical research later in this chapter.

C. Locating Statute Amendments Using the Table of


PublicStatutes: Online and PrintAuthoritative
The Table of Public Statutes is a comprehensive reference tool that can be used to
find:
a list of substantive statutes currently in force for the online version (or in
force on the date the table was compiled for the print version)
amendments made to substantive statutes and their corresponding citation
references after the date of the last print consolidation
coming into force information for each amendment with corresponding
citation references
The Table of Public Statutes is found in the annual volume of the Statutes of
Canada and contains all amendments to the statutes made since the last print
revision in 1985. A current version of the Table of Public Statutes (entitled Table
of Public Statutes and Responsible Ministers) is maintained on the Justice Laws
website.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:15

Task 4.4

Locating Statute Amendments Using the Table of Public


Statutes: Online and PrintOfficial
On the Justice Laws website, locate the Table of Public Statutes. Within the table,
locate the Access to Information Act and examine the accompanying references:

All amendments made to the statute since 1985 are listed in order, followed by a
citation reference to the amending statute. As noted previously, section 77 was
amended twice:
s.77, 1992, c.21, s.5; 2006, c.9, s.163

Section 77 of the Access to Information Act was first amended by section 5 of the
statute enacted in 1992 at chapter 21. Section 77 was later amended by section
163 of the statute enacted in 2006 at chapter9.

Also included in the table is coming into force (CIF) information for all
amendments. To locate CIF information, scan the table. CIF information is listed
after all amendments to the statute are identified.

4:16 Part II Legal Research

The first amendment to section 77, by SC 1992, c21, s5, was brought into force
on 1 October 1992 by Statutory Instrument SI/92-126. The CIF for the second
amendment would be found using the citation reference for that amendment.

D. Updating a Statute: Determining Coming into Force


A statute may have been amended since the last date of consolidation.17 To update
a statute, determine whether amendments have come into force between the currency date of the most recent official consolidation available and the current date.

Task 4.5

Updating a Statute Using the Canada Gazette to


Locate Recent Amendments: OnlineOfficial
Update the Interpretation Act, RSC 1985, c I-21, s6 to the most current version.
1. On the Justice Laws website, locate the official copy of the statute consolidation. Review the currency statement provided on the title page of the statute.
2. Locate the Canada Gazette, Part III. Determine whether any issues of the
Gazette have been published subsequent to the currency date.
3. If new issues have been published, review the Table of Proclamations in the
issue of the Canada Gazette, PartIII published after the currency date.
Examine the acts that have come into force since the currency date to determine whether a new statute has amended the statute.
4. If there are no new issues of the Canada Gazette, PartIII published after the
currency date, turn to the Canada Gazette, PartII.

17 Department of Justice Canada, Frequently Asked Questions, online: Department of Justice


<http://laws-lois.justice.gc.ca/eng/FAQ/#g5_5>.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:17
5. For each issue published after the currency date, locate the Table of Contents
and review the list of statutory instruments (SIs) and statutory orders (SORs).
(Although the majority of amendments to statutes will be found in an SI
document, on occasion anamendment to a statute will be found in an SOR
e.g. SOR/2011-233, which amends a schedule to an act.)
6. If an amending statute is located that may amend the Act, locate the amending statute using the citation reference. If the amending statute has not yet
been made available on the Justice Laws website under Annual Statutes, and
if it has not yet been published in the Canada Gazette, Part III, use the royal
assent version of the text as found on the LEGISinfo website. See Chapter3.

In summary, statutes exist in two versions, the original version as enacted, and
the amended version as revised and consolidated. Moreover, they are published
in both print and online formats. The issue being researched will determine the
version and format to be used. Complete research requires locating statutes in
both versions and formats.
Whether the statute under review was recently enacted or has been revised and
consolidated several times, one of the most challenging tasks for the novice researcher is determining the date that the statute came into force.
To determine the CIF date for the original version of the statute as enacted,
review the steps in Chapter 3. To determine the CIF date for revised and consolidated statutes, refer to the sections below.

1. Revised Federal Statutes: Print


The RSC 1985 was proclaimed in force on 21 December 1988.18 All acts contained
in the set came into force on that date. Therefore, when referring to a statute as it
appeared in the print version of the Revised Statutes of Canada, assume that it is
in force.

2. Consolidated Federal Statutes: Online


When referring to a statute as it appears on the Justice Laws website online consolidation, note that the entire statute or only specific sections of it may be in
force. The content found in this version is evidence of the law.19

18 Revised Statutes of Canada, 1985 Act, supra note 2, ss 72(1), (2), (3), by order of the Governor in
Council, SI/88-239.
19 Legislation Revision and Consolidation Act, supra note 7, s31(1).

4:18 Part II Legal Research

This version must be updated as described earlier in this chapter to ensure that
any statute amendments that have recently come into force have been located. Prior
consolidations on the federal Justice Laws website can be considered official.20

3. Table of Public Statutes: Online


As described earlier in this chapter, the current version of the Table of Public
Statutes provides CIF information for every amendment made to every statute
since the last consolidation of statutes in 1985.

III. Steps for Locating Regulations


as Registered
Regulations serve several functions. Some bring statutes into force, others provide
rules to implement aspects of the statute. Regulations can also be amended. Both
the version of the regulation as first registered and the version of the regulation as
amended, revised, and consolidated are used in legal research.

A. How Regulations Are Published, Organized, and Cited


The official versions of federal regulations are published in the Canada Gazette,
PartII, available at most libraries and online.21 The Canada Gazette is the only
publication, in print or online, that provides a copy of federal regulations as they
appear when they were originally registered. The Justice Laws website, the Canadian Legal Information Institute (CanLII), and commercial research services
such as Westlaw and LexisNexis Quicklaw do not reproduce this content. Instead,
these products provide a consolidated version of regulations as amended.
To locate a regulation, a citation is required. Regulations as first registered
appear as either a statutory order (SOR) or a statutory instrument (SI). The citation contains the following elements:
20 Ibid. Confirmed in email from Ingrid Ludchen, Chief Legislative Editor, Legislative Editing and Publishing Services Section, Department of Justice, Canada, to Annette Demers (9February 2011)
[Ludchen (9 February 2011)]. According to Ludchen (7 February 2011), supra note 8: Our new
website should make point-in-time searching easier still, by setting out the timeframes of the various
versions of an enactment, so the points in timeare visible at a glance. Because of the availability of
these online consolidations, there is no longer a need for a revision of statutes simply to provide a
consolidation of the laws, a consolidation that would be out of date as soon as the next amendment is
enacted. The newly appointed Statute Revision Commission is currently reviewing the possibility of
revising certain specific Acts and regulations identified as laws that would benefit from a revision.
21 Government of Canada, Canada Gazette, Part II <http://www.gazette.gc.ca/rp-pr/p2/index-eng.html>.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:19

SOR or SIabbreviations for Statutory Orders and Regulations and


Statutory Instrument
yearthe year the regulation was registered
numberthe document number
SOR/92-279 and SI/95-77

In the first example, SOR indicates that this is a statutory order, 92 indicates
that the statutory order was registered in 1992, and 279 is the document number. In the second example, SI indicates that this is a statutory instrument, 95
indicates the year it was registered, and 77 is the document number.

B. Locating a Citation to a Regulation as Registered: Online


Citations to federal regulations appear in the Consolidated Index of Statutory
Instruments to the Canada Gazette, Part II. This is available in print, while the most
current version is also available online on the Canada Gazette, Part II website.
Within the Consolidated Index, locate Table II, Table of Regulations, Statutory
Instruments (Other Than Regulations) and Other Documents Arranged by Statute. This table is organized in alphabetical order by title of enabling act; therefore,
to use this table, the title of the enabling act is required.
The index is organized in alphabetical
order by enabling act title.

Below each enabling act title is a list of regulations


made pursuant to that act, and the citation for each.

FIGURE 4.5 Table II Within the Consolidated Index

4:20 Part II Legal Research

C. Locating Regulations as Registered


Task 4.6

Locating Regulations as Registered Using Official Sources


When the Name of the Regulation Is Known: Print
Locate the regulation Ontario Rules of Practice Respecting Reduction in the Number
of Years of Imprisonment Without Eligibility for Parole, SOR/92-270 (subsequently
repealed).
1. In the library, locate the Canada Gazette, Part II print volumes. Examine the
set of volumes published in the year in which the regulation was filed (1992).
2. In the 1992 volume, note the SOR citation reference at the top corner of each
page. This helps to navigate the volume, as SORs are printed in the Canada
Gazette in numerical order by document number.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:21

Task 4.7

Locating Regulations as Registered by Citation


Using Official Sources: Online

To find a regulation within the Canada Gazette, Part II online, you must use the
citation for the regulation. To locate SOR/92-279, review the most current issue
of the Consolidated Index to the Canada Gazette, Part II online.

While recent issues of the Gazette are provided on the main page, older
versions appear in the Archives. Go to Part II: Official Regulations to view the
issues of the Gazette from 1998 to 2013. To navigate, select the year and then
review the list of issues to locate the SOR or regulation being searched.

To access older versions of the Gazette published between 1841 and 1997, go to
1841-1997 under Archives and then select the link to Library and Archives
Canada (LAC).

At the Library and Archives Canada website, go to Search the Canada Gazette.
Select Find an Issue and choose Part II (1947-1997) from the drop-down
Title menu.

Enter the year of the regulation to be located in the Year field (1992), then
select Submit.

4:22 Part II Legal Research

A results page will appear.

Use the document number of the SOR to start the


search. For example, to locate SOR/92-10, select
the first issue in 1992. To locate SOR/92-279, try
one of the later issues in 1992.

The SOR range covered in each issue of the Gazette


is stated on the title page. The issue that includes
SOR/92-279 is vol 126, no12 (3 June 1992).

Scroll to the end of the Gazette issue to view the


Table of Contents. SORs are listed in order by
document number. The page number is provided
in the far right column (2085).

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:23

Scroll to that page to view the regulation: Securities Dealing Restrictions (Banks)
Regulations, SOR/92-279.

IV. How Federal Regulations Are Amended,


Consolidated, and Revised
Chapter 3 discussed the purpose of regulations and described the manner in
which they were created, first registered, and brought into force. However, just as
statutes can be amended, revised, and consolidated, so too can regulations.

A. Consolidated Regulations of Canada


The Consolidated Regulations of Canada (CRC) are published and disseminated
pursuant to the Legislation Revision and Consolidation Act.22 The most recent print
consolidation of regulations was published in 1978 and includes regulations in
force on the date of the consolidation.
All amendments to regulations were incorporated within the content. The
substantive regulations that remained in the set were then organized in alphabetical order by the enabling act title and given a chapter number.23

22 Supra note 7, ss 6, 10, 11, 21.


23 Not every regulation was included in the final set. The CRC provides a table that specifies the
results of the regulation review process.

4:24 Part II Legal Research

The Machinery Sales Tax Remission Order, CRC 1978, c 797 was made pursuant to
the Financial Administration Act.

The new set of the CRC was brought into force as a whole by statutory authority, and the year was added to the title: CRC 1978.
Although researching regulations in print form may be required from time to
time when conducting historical research, most regulation research can now be
done online. Both current and prior consolidated versions of regulations published on the Justice Laws website are considered official.24 The Department of
Justices authority to consolidate regulations is provided by the Legislation Revision
and Consolidation Act.25

B. Legal Citation of Consolidated Regulations


As it does for bills and statutes, the McGill Guide provides recommendations for
citing regulations.26 Chapter3 discussed the basic format for regulations as first
registered. Additional variants are possible in citations of consolidated regulations, as summarized below. Further, note should be made of the legislation that
provides the basis for these rules, as well as acceptable alternatives to those provided in the McGill Guide.

A regulation as it appeared in the CRC 1978 is cited to CRC 1978.

Regulations in the current online consolidation on the Justice Laws website


that were included in the CRC 1978 and that have not been repealed are cited
to CRC 1978 pursuant to section 24 of the Legislation Revision and
Consolidation Act.

A regulation that was enacted after the CRC 1978 is cited as it appeared when
registered, using its SOR number. Example: Federal Book Rebate (GST/HST)
Regulations, SOR/98-351.

A regulation as registered and that has not been repealed is cited using its SOR
number.

24 Legislation Revision and Consolidation Act, supra note 7, s31(c). Confirmed by Ludchen (9 February 2011).
25 Supra note 7, ss 27, 28, 29, 31(1).
26 Supra note 13 at ch 2.6.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:25

As the following examples illustrate, in citations of consolidated regulations,


statutory authority 27 provides alternatives to the forms recommended by the McGill
Guide:

Machinery Sales Tax Remission Order, CRC 1978, c797.28

Machinery Sales Tax Remission Order, CRC, c797.29

Machinery Sales Tax Remission Order, RRC, c797.30

Machinery Sales Tax Remission Order, RR, c797.31

V. Locating and Updating Consolidated


Regulations Including Rules of Court
The following steps to locate regulations can be used to locate the current consolidated version of federal court rules.

A. Locating Current Consolidations of Regulations


Using Official Sources: Online
Task 4.8

Locating Current Consolidated Regulations by Title


Locate the Machinery Sales Tax Remission Order, CRC 1978, c797.
1. On the Justice Laws website, go to Consolidated Regulations and locate the
Machinery Sales Tax Remission Order.
2. The PDF version is marked by the seal of the Crown, and should be used at
court.

27 Legislation Revision and Consolidation Act, supra note 7, s20(1).


28 This is the citation style preferred by the McGill Guide, and it is used to refer to content as it originally appeared in the CRC 1978.
29 This is the format used by the Justice Laws website to cite consolidated regulations that originally
appeared in the CRC 1978 and that are currently in force and included in the online consolidation.
30 This format is permitted by section 20(1) of the Legislation Revision and Consolidation Act, supra
note 7.
31 This format is permitted by section 20(1) of the Legislation Revision and Consolidation Act, ibid.

4:26 Part II Legal Research


3. Locate the currency statement provided on the title page of the document.
4. Update the regulation. On the Canada Gazette, Part II website, examine each
issue published after the currency date. Locate the Table of Contents. Review
the list of statutory orders. Look for new regulations that have come into
force that would amend the regulation. If no regulation is found that amends
the subject regulation, updating is complete.
5. If an amending regulation is found, select the linked SOR citation to view.

Task 4.9

Locating Current Consolidated Regulations by Citation


Locate SOR/81-677.
1. On the Justice Laws website, go to Advanced Search. In the Chapter registration # field, enter SOR/81-677. Under Search in, choose Regulations.
2. Search. A list of search results will appear at the bottom of the page, below
the search boxes.
3. Update the regulation. On the Canada Gazette, Part II website, examine each
issue published after the currency date. Locate the Table of Contents. Review
the list of statutory orders. Look for new regulations that have come into
force that would amend the regulation. If no regulation is found that amends
the subject regulation, updating is complete.
4. If an amending regulation is found, select the linked SOR citation to view.
5. Update the regulation as described in the previous example.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:27

Task 4.10

Locating Current Consolidated Regulations


by Title of Enabling Act
Locate current regulations under the Access to Information Act.
1. On the Justice Laws website, go to Consolidated Acts and locate the Access to
Information Act.
2. Select the yellow R box next to the Act to view regulations made pursuant
to the Act.

3. Alternatively, link to the statute to view the Table of Contents. Regulations


are listed at the bottom of the page.

B. Locating Consolidations of Regulations Using


Official Sources: Historical ResearchPrint
If online searching is unavailable, use print sources to locate previous versions of
revised regulations, such as the CRC 1978.

Task 4.11

Locating Historical Regulations: Print


Locate the Machinery Sales Tax Remission Order, CRC 1978, c 797.

At a law library, use the library catalogue to locate the Consolidated Regulations
of Canada. Locate the regulation at chapter797.

4:28 Part II Legal Research

C. Locating Consolidated Regulations Using the Canada


Gazette: Historical ResearchPrint and Online
When historical research of regulations is required, use the Consolidated Index
of Statutory Instruments to the Canada Gazette, Part II. Consolidated indexes are
available online on the Canada Gazette website and the Library and Archives
Canada website.32 They are also available in print in most large university libraries.
The index itself is a consolidation of regulations from 1955 to today.

Task 4.12

Locating Consolidated Regulations by Title of Enabling Act


Using the Bank Act, SC 1991, c 46 for this example, determine whether a regulation exists affecting the cost of borrowing.
1. On the Justice Laws website, go to the Consolidated Index of Statutory
Instruments and select the most recent index. The index is maintained on the
Canada Gazette website. Go to Quarterly Index and Consolidated Index and
select the most recent Consolidated Index.

Section I of the document is organized in alphabetical order by regulation


title. Each regulation is followed by the title of its enabling act.

32 Library and Archives Canada, online: <http://www.collectionscanada.gc.ca>.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:29

Section II of the document is organized in alphabetical order by title of


enabling act. Below the title of each enabling act, each regulation made
pursuant to the act is listed. Each section of the regulation that has been
amended is also listed. Each of these listings is followed by a citation to the
regulation(s) that amended that particular section.

2. Turn to section II of the index. Locate the Bank Act. Review the regulations
made pursuant to the Bank Act. Locate this regulation: Cost of Borrowing
(Banks) Regulations, SOR/2001-101.

3. To view an official, current consolidation of the regulation, on the Justice


Laws website, go to Consolidated Regulations and locate the regulation.

4:30 Part II Legal Research

D. How Federal Regulations Are Amended,


Consolidated, and Revised
Regulations, like statutes, can be amended. Understanding the amendment process is essential when conducting period-in-time research.

Task 4.13

Locating Amendments to Regulations Using the Amendment


Information Line: OfficialOnline
Locate the Advance Payments for Crops Regulations, CRC 1978, c 446, s 5.

On the Justice Laws website, go to Consolidated Regulations and locate the


regulation. Find section 5, and examine the amendment information
line: SOR/82-817, s. 1; SOR/83-835, s.2.

This information line can be interpreted as:


Section 5 of the Advance Payments for Crops Regulations was amended in 1982 by
regulation SOR/82-817, s 1. It was later amended in 1983 by the regulation that
appears at SOR/83-835, s2.

If the research problem requires that you locate these amending regulations,
follow the steps to locate a regulation as registered by citation as described
earlier in this chapter. Note the CIF information for any relevant regulation
amendments to determine the exact date that the amendments took effect.

Alternatively, the Consolidated Index of Statutory Instruments, on the Canada


Gazette website, contains a cumulative list of all regulation amendments
between 1 January 1955 and the date shown on the title page.

In summary, as with statutes, regulations exist in two versions: the original version
as registered, and the consolidated version as amended and revised. Moreover, they
are published in both print and online formats. Although most regulation research
can be completed online using official sources, occasionally you will need to conduct historical research using print sources. Competence in researching regulations
requires that you be able to locate regulations in both versions and both formats.
To determine the CIF date for the original version of a regulation as registered,
review the steps in Chapter 3. To determine CIF information for consolidated
regulations, refer to the following sources:
Consolidated Regulations of Canada (print version, 1978). The last printed
version of the Consolidated Regulations of Canada was published in 1978.
This set came into force by Order SI/79-131 on 15 August 1979.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:31

Consolidated Regulations on the Justice Laws website. As with statutes,


when relying on a regulation as it appears in the online collection, assume
that it was brought into force.33

VI. When to Use Prior Versions of Statutes


and Regulations: Period-in-Time Research
The Department of Justice regularly consolidates federal statutes and regulations,
and researchers will usually work from a current consolidation that has been
updated. However, not all legal research requires locating the most current version of a statute or regulation. One may need to locate legislation as it appeared at
a particular period or point in time (PIT research).

A. Determining the Relevant Date or Time Frame


To determine whether period-in-time research is required:
Examine the relevant facts and determine the issues to be researched. Identify the date the issue arose and the relevant time frame.
Review the governing statute and any other relevant documents, such as a
contract or agreement, and consider any relevant time limitations or
conditions.
Review the Interpretation Act 34 and any relevant limitations legislation or
any other interpretive materials (such as cases, rules, or regulations) for
any further direction with respect to the operation of time.
Examples of laws and rules to consult in determining relevant dates and time
limitations are shown in Figure4.6.
Once the relevant time frame has been determined, unless otherwise stated in
the relevant act itself, or in the Interpretation Act or other interpretive materials, the
law that governs the matter is the law that was in force on the date(s) of the event
that caused the legal issue. The Interpretation Act explains the operation of time
for federal matters, and the effect of amending and repealing statutes on matters
at various stages in judicial proceedings.35

33 Legislation Revision and Consolidation Act, supra note 7, s31(1).


34 Interpretation Act, supra note 16, ss 26-30 provide information about calculating time.
35 Ibid, ss 43, 44.

4:32 Part II Legal Research


Figure 4.6 Examples of Relevant Dates for Research Purposes

Governing Law or Rule

Version of the Law

Rules of court, rules of a tribunal,


or process-related rules

Usually the current version

Evidence Act*

Usually the current version

Court fees and forms

Usually the current version

Statute-based situations

Review the statute and applicable sections in


conjunction with the facts to determine the
applicable time frame.

Criminal law

The date the offence was alleged to have


occurred.**

Tort law

The date(s) the tort was alleged to have


occurred. If the matter is based in common law
regarding property or civil rights, the commonlaw principles in force at the time apply.**
Provincial limitations acts may also apply.

Contract law

The date(s) outlined in the contract. Matters


governed by statute may contain additional
conditions.**

* RSC 1985, c C-5.

** Interpretation Act, RSC 1985, c I-21, ss 8.1, 43, 44.

This general rule applies to the substantive law governing the matter. Some
laws and regulations (in particular the Rules of Procedure, Rules of Evidence,
court forms, and fees regulations) may govern the actual conduct of the action, so
a current version of these will be required in most circumstances.
If the matter is statute-based and if the statute that governs the matter is a prior
version of the statute, the prior version must be located.
Before proceeding, review, if necessary, the processes that enact statutes, bring
statutes into force, and amend statutes, because a thorough understanding of these
concepts, discussed earlier, is necessary to understand period-in-time research.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:33

Task 4.14

Determining Statute Amendments in Force at a Specific Period


in Time Using the Table of Public Statutes: Official
Section 239 of the Criminal Code, RSC 1985, cC-46 criminalizes attempted
murder. Determine whether the section has been amended since the Criminal
Code was last revised in 1985.

On the Justice Laws website, locate the Table of Public Statutes. Find the Criminal
Code information. Locate section 239, review the amendments, and locate the
CIF information for each amendment to that section. Although it is not expressly
stated, each amending statute reference refers to a statute as enacted (SC).
Amendments to s 239: 1995, c.39, s.143; 2008, c.6, s.16; 2009, c.22, s.6.
Section 239 of the Criminal Code was amended three times:
1. By SC 1995, c 39, s 143: CIF, ss 141 to 150, in force 1 January 1996. See SI/962.
2. By SC 2008, c 6, s 16: CIF, ss 2 to 17, in force 5 January 2008. See SI/2008-34.
3. By SC 2009, c 22, s 6: CIF, ss 1 to 19, in force 10 February 2009. See SI/2009-92.

B. Locating Prior Amendment Information


On the basis of the dates provided in the Table of Public Statutes that the Criminal
Code was amended, a timeline can be created that reflects the changes to section 239
since 1985. As discussed earlier in this chapter, the consolidations of law on the
Justice Laws website build on the statutes in the RSC 1985. Amendments are added
to this content over time. The starting point is often, but not always,36 the RSC 1985.
Prior Version
21 December 1988

Prior Version
1 January 1996

Prior Version
5 January 2008

Current Version
10 February 2009

Criminal Code, RSC


1985, c C-46, s 239

1 January 1996 (CIF


date for SC 1995,
c39, s 143)

5 January 2008 (CIF


date for SC 2008,
c6, s16)

10 February 2009
(CIF date for 2008,
c22, s6)

36 The consolidation also contains substantive acts that were enacted after 1985. Accordingly, many
statutes in the consolidation are cited directly to the Statutes of Canada instead of the RSC 1985. In
that case, the statute as it appears in the SC will be the foundation on which all future amendments
will be built for creation of the current consolidation. Also note that if the Table of Public Statutes
provides information that a new section has been added by a particular statute, then the statute
that added the amendment will be the basis on which future amendments will be built.

4:34 Part II Legal Research

Once the version of the statute has been determined before and after each
amendment, assess the facts of the issue and determine the applicability of
amendments as follows:
If the matter occurred between 1985 and the day before 1 January 1996,
use section 239 as it appeared in the RSC 1985.
If the matter occurred between 1 January 1996 and the day before
5January 2008, use section 239 as it appeared in the RSC 1985, including
the amendments that came into force on 1 January 1996.
If the matter occurred between 5 January 2008 and the day before 10 February 2009, use section 239 as it appeared in the RSC 1985, including the
amendments that came into force on 1 January 1996 and 5 January 2008.
If the matter occurred after 10 February 2009, use section 239 as it appears
on the current consolidation online.

VII. Locating Prior Versions of Statutes


Once the relevant time frame has been established as explained in section VI above,
the relevant legislation can be located.

A. Locating Prior Versions of Statutes Using Official Sources:


2003 and OnOnline
Prior versions of consolidated statutes on the Justice Laws website can be considered official.37 Currently, the Justice Laws website can be used to view previous
versions of statutes from the present date back to 1 January 2003.38 This archive
continues to grow with the addition of new materials.

Task 4.15

Locating Prior Versions of Statutes Using Official Sources


Examine the Criminal Code as it appeared on 10 January 2008.
1. On the Justice Laws website, go to Advanced Search.

In the Title field, enter a term from the title of the statute (e.g. criminal). In
the Date field, use the drop-down calendar to choose the date (2008-0110). Ensure that Show Titles only is checked. Search.

37 Legislation Revision and Consolidation Act, supra note 7, s31(1).


38 The Income Tax Act and its regulations go back to 31 August 2004.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:35

On the results page, select the Code from the list of results, then select the
version of the Code that was in force during the relevant period (In force
from 2008-01-01 to 2008-04-16).

2. Alternatively, on the Justice Laws website, go to Consolidated Acts.

Locate the Code.

At the top of the document, note the Codes currency statement. For
versions of the Code earlier than the current version, select Previous
Versions.

Select the version of the Code that was in force during the relevant period
(In force from 2008-01-01 to 2008-04-16).

B. Creating a Prior Version of a Statute Using


Official Sources: 1985-2003
Although the last print RSC was 1985, the online consolidations on the Justice
Laws website only go back to 1 January 2003. Accordingly, to obtain a prior version of a statute using official sources with a relevant date between 1985 and 2003,
it is necessary to manually create the statute using official sources by:
locating the amendments to the relevant section of the statute
determining which of the amending statutes were in force prior to the relevant date
compiling the prior version

4:36 Part II Legal Research

Task 4.16

Creating a Prior Version of a Statute Using Official Sources


Examine the Criminal Code, RSC 1985, c C-46, s 95 (Possession of Weapon
Obtained by Commission of Offence) as it appeared on 3 December 1995.
1. On the Justice Laws website, locate the amendment information for section
95 as described earlier in this chapter. Amendments to section 95:

1991, c 28, s 8, c 40, ss 9, 37; 1993, c25, s93; 1995, c39, s139; 2008, c6, s8;
2012, c 6, s 5

2. Determine the relevant amendmentsall those made before the target date.
Since the target date is 3 December 1995, the relevant amendments include:

1991, c 28, s 8, c 40, ss 9, 37; 1993, c 25, s93

Relevant amendments might also include 1995, c 39, s 139, depending on


whether the amendment came into force before or after 3 December 1995,
but would not include 2008, c 6, s 8 or 2012, c6, s5.
3. Using the Table of Public Statutes, locate the CIF information for the relevant
amendments. The CIF information for the 1995 amendment:

in force 01.01.96 see SI/96-2

Because the CIF date occurs after the target date of 3 December 1995, this
amendment is not relevant.
Thus, for this example, the version of section 95 that is required for the relevant date of 3 December 1995 will be a consolidation of only these statute
sections:

RS, 1985, c C-46, s 95; 1991, c 28, s 8, c 40, ss 9, 37; 1993, c25, s93

4. To compile the prior version, record the statute section as it appeared in the
RSC prior to the target date. In many cases, this will be the statute as published
in the RSC 1985; or, in the case of a statute that was enacted after the previous
consolidation, a copy of the statute section as enacted.
5. Copy each relevant amending statute and provide a complete citation for
each amending statute.
6. Locate the statutory instrument or CIF information for each amending statute
section.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:37

VIII. Locating Prior Versions of Regulations


Period-in-time research for regulations also requires the researcher to begin by
determining the relevant date.

A. Locating Prior Versions of Regulations


on the Justice Laws Website
Prior versions of consolidated regulations on the Justice Laws website can be considered official. The Department of Justice continues to publish new consolidated
versions of regulations online, adding to its collection of archived material.
Currently, the Justice Laws website can be used to view previous versions of
regulations back to 22 March 2006.39

Task 4.17

Locating Prior Versions of Regulations Using the


Title of the Regulation: OnlineOfficial
Locate the Access to Basic Banking Services Regulations, SOR/2003-184, made pursuant to the Bank Act, SC 1991, c46 as it appeared on 25 January 2009.
1. On the Justice Laws website, go to Consolidated Regulations and locate the
regulation by its title.
2. Where a previous version of the regulation is available, the currency statement includes a link entitled Previous Versions.
3. Select the version of the regulation that was in force during the relevant
period (In force from 2006-03-22 to 2009-02-11).

39 With the exception of versions of the Income Tax Act and its regulations, which go back to
31August 2004.

4:38 Part II Legal Research

Task 4.18

Locating Prior Versions of Regulations Using the


Title of the Enabling Act: OnlineOfficial
Locate SOR/2003-184, made pursuant to the Bank Act, SC 1991, c46, as it
appeared on 25 January 2009.
1. On the Justice Laws website, go to Consolidated Acts and locate the Act.
2. Select the yellow R next to the title of the Act. Alternatively, select the Act
title and scroll down the page, past the Table of Contents, to Regulations
made under this Act. Select the relevant regulation.

3. Where a previous version of the regulation is available, the currency statement includes a link entitled Previous Versions.

Select the version of the regulation that was in force during the relevant
period (In force from 2006-03-22 to 2009-02-11).

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:39

B. Creating a Prior Version of a Regulation


Using Official Sources: 1978-2006
Although the most recent CRC was 1978, the earliest prior version on the Justice
Laws website is 2006. Accordingly, there may be some instances in which neither
an official consolidation nor a revision of a regulation exists. To create a prior
version of a regulation section:
Locate relevant amending regulations.
Determine which of the amending regulations were in force prior to the
relevant date.

Task 4.19

Creating a Prior Version of a Regulation Using Official Sources:


1978-2006
Locate the Immigration and Refugee Protection Regulations, SOR/2002-227, s 52 as
it appeared on 25 June 2003.

On the Justice Laws website, locate the regulation section and its amendment
information line. Note the amending information:
SOR/2003-197, s 1; SOR/2003-260, s 1; SOR/2004-167, s14(F); SOR/2010-54, s3;
SOR/2010-195, s2(F); SOR/2011-125, s2

Choose the relevant amending regulations. Since the target date is 25 June
2003, the following amendments are relevant if they were in force before the
target date: SOR/2003-197, s1 and SOR/2003-260, s1. The amendments
SOR/2004-167, s14(F) and SOR/2011-125, s2 are not relevant.

Locate the CIF information for both the 2003 regulations to determine whether
these particular amendments were in force on the relevant date. To do so,
locate the SOR in the Canada Gazette, Part II by using the Consolidated Index in
the Gazette, and note their registration dates.
SOR/2003-197, s 1, registered 5 June 2003
SOR/2003-260, s 1, registered 8 July 2003

The first regulation was registered before the target date and is relevant; the
second regulation was registered after and is not.

Thus, the version of section 52 required for the relevant date of 25 June 2003
will be a consolidation of these sections:
SOR/2002-227, s 52; SOR/2003-197, s 1

4:40 Part II Legal Research

To compile the prior version, record the regulation section as it appeared in


the CRC prior to the relevant date or, in the case of a regulation that was
registered after the previous consolidation, copy the regulation section as
enacted. In this example, use SOR/2002-227, s52, which was the original
regulation number.

Copy each regulation section that amended this section, provide a complete
citation for each amending regulation, and copy the registration dates.

IX. Backdating Legislation


A.Purpose
Backdating legislation involves locating prior versions of statutes and regulations,
starting from the most current consolidation. It is frequently required when
completing historical research. To ensure that legislation is accurately backdated,
a legislative history should be completed.
While online research is possible if a statute or statute section was enacted
within the last decade, print sources must be consulted if the search time frame
pre-dates the year 2000.
Compiling a legislative history is required in the following situations:
1.
A court is required to interpret a statute. The legislative intent behind a
statute can be explored by examining parliamentary debates. The minister or member of Parliament who introduces the bill will state the purpose
or rationale of the proposed legislation. As the bill passes through the
House and Senate, debates and discussion at committees provide a contextual framework for the bills passage into law.
2.
The constitutionality of the law is in question. When a law is subject to constitutional challenge, debates and committee reports can reveal the reasons for
the creation of the legislation, including its purpose. Backdating a statute will
reveal the citation of a statute as first enacted and published in the Statutes
of Canada. Once the date has been determined, the debates can be located.
3.
The historical development of legislation is being studied. Law professors
and practising lawyers often write and teach about the laws development.
Understanding the key stages of the enactment of legislation is required
to comment accurately on the origin and development of the law.

A legislative history begins with a citation to a statute (session law/enacted


version). Thus, in order to complete a legislative history in this circumstance, you
must first backdate the statute.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:41

X. Backdating Federal Statutes


Most research with statutes begins by locating the current consolidation of the
statute on the Justice Laws website as described earlier in this chapter.
Statutes found in the current online consolidation that were included in the
print version of the RSC 1985 include a historical information line located just
below section 1 of the Act. This line provides a citation to the statute on which the
revision was based.
For example:
Access to Information Act, RSC 1985, c A-1: This revision is based on SC
1980-81-82-83, c 111, Schedule I 1.
Agricultural Products Marketing Act, RSC 1985, c A-6: This revision is based
on RSC 1970, c A-7, s 1. Note that the information line specifies only RS;
that is, this revision is based on the prior revised version, or the RSC 1970.
These earlier citation references could be located to learn more about the statutes
origins.
The online consolidation also contains statutes enacted after the print version
of the RSC 1985 was published. The backdating process for these statutes is less
complex, because the statutes current citation refers to the enacted version of the
statute, which can be located in the annual Statutes of Canada, either in print or
online. Such statutes do not include a historical information line below section1.
For example:
Agreement on Internal Trade Implementation Act, SC 1996, c 17. This
statute was enacted after 1985, and is the originating act.

A. Locating an Originating Act Using Official Sources


The complexity of backdating a statute increases if an enacted version of a statute
has repealed an earlier version. The following example illustrates the steps to take
to trace a statute back to its earliest origins.

4:42 Part II Legal Research

Task 4.20

Locating an Originating Act Using Official Sources


Backdate the Youth Criminal Justice Act to its origin.

On the Justice Laws website, go to Consolidated Acts and locate the Act. Note
its citation to the 2002 annual statutes: SC 2002, s1. Go to Annual Statutes and
locate the Act. Review the end of the Act, and locate section 199, which
repeals the Young Offenders Act, RSC 1985, cY-1.

The Young Offenders Act originated todays Youth Criminal Justice Act. Locate
the Young Offenders Act in the print version of the RSC 1985. Review the title
page. Section 1 provides a citation to the Act on which this consolidation is
based. The citation will refer to the RSC 1970, unless the statute was enacted or
replaced after 1970, as in this case.

Thus, the Young Offenders Act as consolidated in the RSC 1985 was based on a
statute passed in the 1980-81-82-83 volume of the Statutes of Canada. Locate
and review the statute that appears at SC 1980-81-82-83, c 110. Note that a
statute as enacted in the SC either creates a new law or amends or repeals a
previous act. Amending and repealing information is located near the end of
the statute. This statute, at section 80, repeals the Juvenile Delinquents Act, RS
(i.e. RSC 1970), cJ-3.

Locate the statute as it appeared in RSC 1970, c J-3. Review section 1 of the Act
to determine the statute that originated this version. This consolidation is
based on the prior consolidation, RSC 1952, c160.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:43

Locate the statute as it appeared in RSC 1952, c 160. Review section 1 of the
Act to determine the statute that originated this version. This consolidation is
based on the version that appeared in SC 1929, c46.

Locate the statute as it appeared in SC 1929, c 46. This is the statute as enacted,
so it could be the earliest version of the Act, or it could have repealed and
replaced the previous enactment. Go to the end of the Act to locate the
repealing section, if any. Section 46 repeals the Juvenile Delinquents Act,
RSC1927, c 108.

Locate the statute as it appeared in RSC 1927, c 108. Review section1 of the
Act. The Act on which this consolidation was based appeared in SC 1908, c40.

Locate the statute as it appeared in SC 1908, c 40.

Review the closing sections of this Act. This Act does not repeal any other act,
so this is the earliest version of the Juvenile Delinquents Act, which was the
precursor to the Youth Criminal Justice Act.

To summarize:
Backdating the statute reveals that the Youth Criminal Justice Act, SC 2002, c 1
was originated by the Young Offenders Act, RSC 1985, cY-1, which in turn was
originated by the Juvenile Delinquents Act, SC 1908, c40.

4:44 Part II Legal Research

B. Locating an Originating Statute Section


Using Official Sources: Print
Task 4.21

Locating an Originating Statute Section Using Print Sources


Locate the statute section that originated section 9(2) of the Canada Evidence Act,
RSC 1985, cC-5.

Locate section 9(2) of the statute as it appears in the print version of the RSC
1985. As with the online versions of consolidated statutes, amending
information is provided at the end of each statute section. This note identifies
all of the statutes that, when read together, were combined to create this
consolidation.

Section 9 of the Act provides this citation: RS, cE-10. Since the RSC 1985 is a consolidation that is based on the previous consolidation plus amendments, section9
of the Act appears in the RSC 1970 as chapter E-10. It was not amended between
1970 and 1985. Locate the statute as it appeared in the RSC 1970.

Locate section 9. Examine the citation: RS, c 307. Since the RSC 1970 is a
consolidation that is based on the previous consolidation plus amendments,
section 9 of the Act appeared in the RSC 1952 as chapter 307. It was amended
by the statute that appears at SC 1968-69, c14, section2.

Locate the statute as it appeared in the prior consolidation, RSC 1952, c 307.
Locate section 9. Section 9(2) was not included in this consolidation.

On the basis of the foregoing analysis, the amending statute that was enacted
at SC 1968-69, c14, section 2 may provide the origins of section 9(2) of the
Canada Evidence Act, RSC 1985, c C-5. The final step is to locate and review
section 2 of the statute as it appeared in SC 1968-69, c14, which confirms that
section 9(2) was added by this amending statute.

In summary:
Section 2 of An Act to Amend the Canada Evidence Act, SC 1968-69, c14 originated section 9(2) of the Canada Evidence Act, RSC 1985, cC-5.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:45

XI. Backdating Federal Regulations


A. Locating an Originating Regulation
Using Official Sources: Print
To locate originating regulations, you must first understand the organization of
the Consolidated Regulations of Canada. The Table of Contents to the CRC 1978
can be found at the end of the CRC set. It includes two primary finding aids. The
Table of Contents indicates that the set of regulations is organized alphabetically
by title of enabling act. Each regulation is given a chapter number based on its
location in the set. The table provides chapter numbers and page numbers. A
schedule to the CRC 1978 explains the disposition of existing regulations during
the consolidation process. Examine the first page of the schedule to locate a list of
acronyms and code references used throughout the CRC. Documents included
comprise:
Privy Council documents
SOR regulations from 1948 to 1955
SOR consolidation in 1955
SOR registered from 1954 to 1977

4:46 Part II Legal Research

Task 4.22

Locating an Originating Regulation Using Print Sources


Locate the regulation that originated the Designated Areas Firearms Order, CRC
1978, c 430.

Find the regulation as it appears in the print CRC 1978. Notice that neither the
date nor the SOR is provided in this consolidated version.

Locate the Consolidated Index of Statutory Instruments (Canada Gazette,


PartII) for the year prior to the 1978 consolidation to find out the SOR and
registration date for this regulation.
The Designated Areas Firearms Order was registered on 28 January 1972 as
evidenced by SOR/72-22, which is located in the Canada Gazette, Part II from
9February 1972, page 185.

Locate the SOR in the Gazette as evidence of the originating regulation. This
confirms that the Designated Areas Firearms Order, SOR/72-22 is the originating
regulation.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:47

While proclamations are currently found in the Canada Gazette, Part II, this was
not always the case. The Table of Proclamations as published in SC 1974-75-76 until
SC 1978-79 refers to the Canada Gazette, PartI for proclamations. After that, the
Table of Proclamations refers to the Canada Gazette, Part II for proclamations.40

XII. Compiling a Legislative History


A legislative history is a comprehensive summary of the development of legislation
that may include information from the time of bill creation to, in some circumstances, the repeal of the statute itself. Completing a legislative history requires
knowledge of the information contained in both Chapters 3 and 4. It also requires maintaining a complete record of source documents reviewed. While screen
captures and downloads can be used for information located online, typically
photocopies are required for print sources. When photocopying research materials, photocopy the first (title) page and the second (copyright) page of the source
to ensure that the information is available to properly cite it.
When compiling a legislative history for a lawyer, you should first ascertain the
purpose of the historyhow it will be used. Sometimes, a brief history will suffice;
in other cases, if the legislation will be analyzed in court, a more comprehensive
legislative history is required. For example:
Question: What was the status of Bill C-4, An Act to amend the Youth Criminal
Justice Act and to make consequential and related amendments to other Acts, at
dissolution of the House during the 40th Parliament, 3rd Session?
Brief answer: On 3 May 2010, the bill received second reading and was referred
to the Standing Committee on Justice and Human Rights in the House of
Commons.41

40 Prior to SC 1974-75-76, the Canada Gazette was published as a single newspaper.


41 Parliament of Canada, LEGISinfo <http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language
=E&Mode=1&billId=4343885>.

4:48 Part II Legal Research

A. Key Components of a Legislative History


Bill number and bill title
Parliament and session number
Introducing minister or member
For both the House and the Senate:

First, second, and third reading recorded vote dates and the corresponding
page number for each in the Debates

Whether referred to committee and, if so, the name of the committee, the
committees disposition of the bill, along with the corresponding page number
in the Debates, with a citation to the committee report itself

Date of royal assent or proclamation and a citation to the proclamation

Date of coming into force and by what authority, including the citation to the
statutory order or statutory instrument as published in the Canada Gazette,
PartII

Citation to the year and chapter in the annual Statutes of Canada where the Act
was finally published

Attach copies of the actual Debates and committee reports where required.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:49

B. Sample Legislative History


Bill number: C-128
Title of bill: An Act to amend the Criminal Code and the Customs Tariff (child
pornography and corrupting morals)
Introducing member: Campbell, Kim, Minister of Justice
Parliamentary session: 34th Parliament, 3rd Session
Progress (House):

Stage

Date

Location in the Debates

First reading

13 May 1993

page 19365

Second reading

3 June 1993

page 20328

Standing Committee on
Justice and the Solicitor
General

Reported with
amendments
15June 1993

page 20843

Third reading

15 June 1993

page 20883

Date

Location in the Debates

First reading

16 June 1993

page 3530

Second reading

17 June 1993

page 3580

Reported with
noamendment
22June 1993

page 3637

Third reading

23 June 1993

page 3697

Royal assent

23 June 1993

page 3707

Progress (Senate):

Stage

Committee on Legal and


Constitutional Affairs

In force: 1 August 1993


By authority of: Order of Governor in Council, SI/93-155
Enacted as: SC 1993, c 46

4:50 Part II Legal Research

C. Finding the Status or the Legislative History


of a Bill Recently Before Parliament
Chapter 3 describes the bill-making process and explains how the LEGISinfo
website can be used to track bills currently before Parliament. LEGISinfo can also
be used to find the status of bills from previous sessions, back to 29 January 2001.

Task 4.23

Reading Debates: Tips


When reading the Debates, consider:

At first reading, a motion is passed without debate. Note the page number in
the Debates where the results of the motion are recorded. This page number
corresponds to the date of first reading.

At second reading, a motion is made, the debate occurs, and the motion results
are recorded. On the Legislative History Table, note the first page where the
debates begin. On the Legislative History Table, this page number corresponds
with Debates on Second Reading. If you are compiling a research log, note
the page number and speakers name if required to refer directly to specific
submissions.

Usually, the motion for second reading is passed at the end of debate. On the
Legislative History Table, note the page number in the Debates where the
results of the motion are recorded. This page number corresponds to the date
of second reading. Motion results are provided at the end of debate on the
topic. For example:

The motion at second reading may refer the bill to committee. Note the
committee name in the legislative history. If relevant, refer to committee
meetings directly using LEGISinfo. At a minimum, provide information about
the date on which the committee reported, and, if necessary, the page number
in the Debates of this report.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:51

D. Finding Debates, Committee Reports, and Journals


Recent committee reports can be found on the LEGISinfo website. Debates of the
House of Commons and Debates of the Senate of Canada are available online from the
35th Parliament, 1st Session (17 January 1994) to the present. Historical committee
reports can be found in print form at most libraries. Use the library online catalogue
to search for the committee as author. Standing committees are shelved as a series.
If you are searching for a special committee, search for the committee by author,
or use the title or subject of the report, if known. The indexes to the Journals of
the House and Senate at one time indexed sessional reports by subject.
The print versions, which include historical volumes of the Debates of both the
House of Commons and the Senate, are available in most large libraries. The Debates, whether in print or online, are organized by day. Use all of the relevant dates
in the legislative history to find information.
The Journals of the House of Commons of Canada and the Journals of the Senate
of Canada are available in most large libraries. Indexes provide long-term historical
information on the status of bills. They are now available online through the Parliament website from the 35th Parliament, 1st Session (17 January 1994) to the present.
Note that some libraries temporarily stopped receiving the print volumes of the
Journals between 1993 and 2004.

E. Creating a Legislative History


Example:
What was the status of House Bill C-11, An Act to amend the Immigration and
Refugee Protection Act and the Federal Courts Act at the end of the 40th Parliament, 3rd Session?
Summary statement: This bill was enacted as the Balanced Refugee Reform Act,
SC 2010, c 8 and received royal assent on 29 June 2010. It came into force 42 in
accordance with section 42 of the Act:
CIF, 2010, c8: ss3 to 6, 9, 13, 14, 28, 31, 32, 39, and 40 in force on royal
assent, 29 June 2010; s8 repealed before coming into forcesee 2011, c8,
s6; ss1, 2, 7, 10 to 12, 14.1, 15(3) and (4), 17 to 27, 29, 30, 33 to 37, and
38 come in force on 29 June 2012 or on any earlier day or days that may
be fixed by order of the Governor in Councilsee s42(1); ss15(1), (2),
and (5) and 16, 16.1, 27.1, and 37.1 come into force 12 months after the
day s15(3) comes into force, or on any earlier day that may be fixed by
order of the Governor in Councilsee s42(2)not in force.
42 As noted in the Table of Public Statutes (updated to 2011, c 19 and Canada Gazette, Part II, vol 145,
no24 (23 November 2011), online: <http://laws-lois.justice.gc.ca/eng/TablePublicStatutes/I.html>.

4:52 Part II Legal Research


Sample Legislative History
Bill number: C-11
Title of bill: An Act to amend the Immigration and Refugee Protection Act and the
Federal Courts Act
Introducing member: Kenney, Jason, Minister of Citizenship, Immigration and
Multiculturalism
Parliamentary session: 40th Parliament, 3rd Session
Progress (House):

Stage

Date

Location in the Debates

30 March 2010

page 1089

Debates on second reading

26 April 2010
27 April 2010
29 April 2010

page 1943
page 2045
page 2118

Second reading

29 April 2010

page 2140

Standing Committee on
Citizenship and Immigration

Reported with
amendments
11June 2010

page 3720

Debates on third reading

15 June 2010

page 3880

Third reading

15 June 2010

page 3893

Date

Location in the Debates

First reading

15 June 2010

page 794

Debates on second reading

16 June 2010
17 June 2010

page 818
page 840

Second reading

17 June 2010

page 842

Standing Committee on
Social Affairs, Science and
Technology

Reported without
amendments
28June 2010

page 924

Debates on third reading

28 June 2010

page 932

Third reading

28 June 2010

page 935

Royal assent

29 June 2010

page 961

First reading

Progress (Senate):

Stage

Enacted as: SC 2010, c 8

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:53

F. Finding the Status of a Bill for Statutes


Passed After 2001: Online
Task 4.24

Compiling a Full Legislative History for Statutes


Passed After 2001: Online
Provide a full legislative history for An Act Respecting Immigration to Canada and
the Granting of Refugee Protection to Persons Who Are Displaced, Persecuted or in
Danger, SC 2001, c27.

Locate the enacted version of the statute on the Justice Laws website. Open
the PDF for the Act that appears as chapter 27 and review the title page of the
statute. Note the Parliament and session number, bill number, and date of
royal assent on the Legislative History Table.

On the LEGISinfo website, select the Parliament and session number


(37thParliament, 1st Session). Locate the bill in the list of bills provided.

Compile the legislative history as described earlier in this chapter.

4:54 Part II Legal Research

G. Finding the Status of a Bill for Statutes


Passed After 2003: Print
Task 4.25

Compiling a Full Legislative History for Statutes


Passed After 2003: Print
Provide a full legislative history for An Act to Amend the Citizenship Act, SC 2005, c17.
1. Locate the print Statutes of Canada. Select the 2005 volume, which includes
chapter 17. Note the spine of this volume, which provides the Parliament and
session number.
2. Locate the statute. The date of royal assent is provided. Turn to the preceding
page. A full legislative history table is provided.

3. Compile the legislative history as described earlier in this chapter.

As of May 2009, the Canada Gazette, Part III, which publishes statutes as enacted,
also began to include legislative history tables for published statutes.43
43 Parliament of Canada, Canada Gazette, Part III <http://www.gazette.gc.ca/rp-pr/p3/index-eng.html>.

Chapter 4 Locating and Working with Federal Statutes and Regulations 4:55

H. Finding the Status of a Bill for Statutes


Passed After the RSC 1985: Print
Task 4.26

Compiling a Full Legislative History for Statutes


Passed After the RSC 1985: Print
Provide a full legislative history for An Act to Establish the Department of Industry,
Science and Technology, to Repeal the Department of Regional Industrial Expansion
Act and to Make Consequential Amendments to Other Acts, SC 1990, c1.

Find the statute in the print volumes of the 1990 Statutes of Canada. Record
the Parliament and session number using the information provided on the
spine or title page of the volume (34th Parliament, 2nd Session).

The Statutes of Canada volumes, beginning with SC 1968-69, include a Table of


Contents that provides the bill number.

The date of royal assent is provided on the first page of the statute: 30 January
1990. Use the date of royal assent to navigate the Debates.

Find 30 January 1990 in the Debates. Locate the royal assent information for
this statute and record it in the table.

If an index to the Debates for the session is available, use it to locate the bill by
title or by subject. However, an index is not always available.

Locate the Journals of the House of Commons in the library. Use the year and
Parliament and session number to locate the relevant volumes of the Journals.
Select the last volume for the session, because this one contains the index.

In the index, all elements of the legislative history are listed, followed by the
page number in the Journals for the day on which this agenda item was heard
in the House. Note the information from this page, and select each
corresponding page in the Journals to find the relevant dates. For example, the
index notes that first reading of the bill appears on page 80-1.

Turn to page 80-1 of the volume of the Journals and find the date of first
reading, which is located at the top of the page: 12 April 1989. Use the page
numbers in the index to navigate the Journals and find the dates for each
remaining element in the legislative history. Then, use the dates to find the
page numbers in the Debates.

4:56 Part II Legal Research

I. Finding the Progress of Bills: Other Tools


Canadian
Legislative
Pulse

An online subscription service that tracks federal and provincial


bills (CCH, Wolters Kluwer).

Canada
Statute
Citator

The Weekly Bulletin Service updates the status of bills introduced


in the current parliamentary session in both the House of
Commons and the Senate. Available in print in some libraries and
online at <http://www.carswell.com/products/
canada-statute-citator> (Canada Law Book, Thomson Reuters
Canada).

Status
of House
Business

Provides the status of bills before the House for particular


sessions of Parliament. Lists bills and includes key components
of a legislative history except Debates page numbers. Available
online at <http://www.parl.gc.ca/HousePublications/
Publication.aspx?Pub=status>.

Canada
Legislative
Index

Service developed by the BC Courthouse Library that included


bill status information. Discontinued several years ago, now
revamped in an online subscription format (Quickscribe). Some
libraries may have the Canada Legislative Index binders for
historical research of bills.

FIGURE 4.7

Other Tools for Finding the Progress of a Bill

XIII. Researching Private Statutes:


Print and Online
Also found on the Justice Laws website is the Table of Private Statutes, which indexes most federal private acts published in the Statutes of Canada since 1867. The
table also includes amendments and repeals and is updated annually.
Researching private statutes occurs infrequently, because a private statute affects
only specific individuals, not the public at large. However, if you are required to
locate a private act, review the Table of Private Statutes and select an appropriate
heading. Acts are grouped under general headings and then listed alphabetically.
Only the table is available online. The statutes themselves can be located in the
print statutes using the citation reference.

Researching Provincial
Legislation: AnIntroduction

Contents
I. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-Intro:2
II. Comparison of Federal and Provincial Research Processes . . . . . . . . . . . . . . . . . 5-Intro:2
A. Why Is Legislation Created? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Who Is Responsible for the Creation of Legislation and How Is It Created? . . . . . . . .
C. When Does Legislation Take Effect? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. What Is an Effective Research Protocol for EachJurisdiction? . . . . . . . . . . . . . . . . . . . .

5-Intro:2
5-Intro:2
5-Intro:3
5-Intro:4

Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:1
British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:1
Manitoba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:1
New Brunswick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:1
Newfoundland and Labrador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:1
Nova Scotia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:1
Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-ON:1
Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-PE:1
Quebec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-QC:1
Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-SK:1

5-Intro:1

5-Intro:2 Part II Legal Research

I.Overview
The Canadian Constitution vests authority to create legislation in both the federal
government and each provincial government. The division of powers between the
federal and provincial governments ensures that each jurisdiction can enact legislation under its exclusive constitutional authority. Accordingly, developing
research competence requires an understanding of not only the processes to
research federal legislation as discussed in Chapters 3 and 4, but also the methods
and techniques to conduct research in each provincial jurisdiction.
Once you are proficient with the federal legislative research process, that knowledge can be applied to learn comprehensive research techniques for each province.
The following discussion introduces some of the research terms and concepts that
are explained in more depth in each provincial research chapter.

II.Comparison of Federal and Provincial


Research Processes
To begin, compare the mind map below illustrating the provincial and territorial
bill passage process with the one found at Figure 3.1 in Chapter 3 describing the
federal process, and note both the similarities and the differences.

A. Why Is Legislation Created?


As with federal legislation, each provincial government identifies issues that require
resolution through the enactment of legislation. The legislation may be created to
address some aspect of the governments mandate, to solve an identified problem,
or to create a new program. As with federal legislation, new law can be created
through the passage of statutes and regulations, and existing statutes and regulations can be amended or repealed. Over time, jurisdictions revise and consolidate
their statutes; however, not every jurisdiction officially revises and consolidates its
regulations; e.g. Alberta does not.

B.Who Is Responsible for the Creation of Legislation


and How Is It Created?
The same process used to create federal legislation is used to create provincial
legislation. However, the terminology used and the steps taken vary somewhat
across jurisdictions. In the initial legislative step to create a statute, a member of
the Legislative Assembly (called the National Assembly in Quebec) introduces a

Chapter 5 Researching Provincial Legislation: An Introduction 5-Intro:3

HOW A BILL BECOMES A PROVINCIAL STATUTE

Bill Originates in Legislative Assembly

1. First Reading

2. Second Reading/
Debates

3. Third Reading/
Debates

Committee

Royal Assent/Assent

Takes Effect/Comes into Force

1. Royal Assent

FIGURE 5.1

2. Proclamation

3. Specified Date/
Condition

4. Silent/Interpretation
Statutes

Provincial Legislation Creation Process: Mind Map

bill. The bill may be sponsored either by a member of the governing party or by a
member of the opposition. Both government bills, which affect the general population, and private bills, which affect only a specific group, organization, or individual, may form the basis of newly created statutes.
Provinces have only one body that considers a bills passage into law. As a
result, bills are read only three times in the legislature before they receive royal
assent. As with federal statutes, each provincial enacted statute must take effect
before it becomes enforceable law.

C. When Does Legislation Take Effect?


Although the coming into force process for provincial statutes is similar to that for
federal statutes, the terminology and the steps taken vary somewhat across jurisdictions. For example, Nova Scotia and Manitoba refer to the dates that statutes
come into force, while Prince Edward Island and Saskatchewan refer to the effective

5-Intro:4 Part II Legal Research

dates. As well, Quebec and Ontario identify proclamations as documents that


bring statutes into force, while British Columbia identifies these documents as
regulations.

D.What Is an Effective Research Protocol


for EachJurisdiction?
Despite the overall similarities between federal and provincial legislative research,
there are differences across jurisdictions. Therefore, each provincial chapter contains descriptions of individually created tasks that are unique to that province and
explains how to achieve effective legal research outcomes for that jurisdiction.
As with federal research, understanding the research process in provinces
requires familiarity with the specific statutes and regulations that govern the process. For example, in Ontario, the Interpretation Act, the Evidence Act, and the
Legislation Act, 2006 are some of the essential sources of legislation that must be
examined when developing an effective research protocol. Similar statutes and
regulations govern the research process in other provinces and must be considered when developing legal research competence.
The Queens Printer in each jurisdiction plays an essential role in disseminating
legislation. Governed by statute and regulation, the Queens Printer traditionally
published official versions of legislation in print, and still does so in most provinces, but not all. For example, in New Brunswick, the Queens Printer ceased
publishing statutes in print in 2003, and the official version is now disseminated
online.
Online dissemination of legislation plays an essential role in effective legal
research across Canada. However, the version of legislation available on government websites is not necessarily the official version. Moreover, official status may
be designated as of a specified date. For example, in Newfoundland and Labrador,
legislation disseminated online on the provincial government website has been
given official status. This is not the case in provinces such as Alberta, where only
print sources of legislation are designated official. As well, while commercial
publishers of legal information provide accessible and useful online and print
versions of both legislation and case law that can be used in the research process,
these versions are not official sources of law.
While researching legislation and bills online is possible in every jurisdiction,
the information made available differs. Some provinces provide detailed historical
information online, which assists with determining the legislative history of statutes,
while others require a search of print sources to locate historical information. For
example, in British Columbia, the government website provides Debates in the
archived Journals available online, from 1851 on. Prince Edward Island recently
placed online a full text of the Journals of the Legislative Assembly of Prince Edward

Chapter 5 Researching Provincial Legislation: An Introduction 5-Intro:5

Island, commencing March 1894. Note, however, the status given to this historical
information. Some jurisdictions designate the online version to be for information
purposes only, while the print version is considered to be the official version.
While government websites and commercial publishers of legal information
provide many resources in an online platform, at this point, exclusive online
research is not possible in any jurisdiction. Therefore, to demonstrate research
competency in every province, familiarity with the use of a combination of online
and print research tools and methods is required.
Accurate citation of legislation sources is one of the requisite skills of legal
research. In most jurisdictions, legislation exists that provides information about
the recommended citation format for legislation created by that jurisdiction.
Therefore, while the Canadian Guide to Uniform Legal Citation1 provides general
guidelines and recommendations for a standard format for citation for each jurisdiction, effective legal research requires an examination of the legislative requirements for citation to ensure that the McGill Guide recommendations accord with
the jurisdictions rules.
While a beginning law student may believe initially that competence entails an
understanding of research methodology only for ones home province, or the
jurisdiction in which one intends to practise, one soon learns that a more inclusive
understanding of provincial law is required. For example, a lawyer may be faced
with a unique issue arising in his or her jurisdiction. Secondary source research
may lead to case law from another jurisdiction that has judicially considered the
problem. Competent legal research requires both an examination of the legislation underpinning these decisions, and a comparison of the legislation governing
the matter to the legislation in the lawyers jurisdiction. Therefore, having access
to research protocols from other jurisdictions and learning how they operate
ensures the development of overall research competence.

1 7th ed (Toronto: Carswell, 2010) [McGill Guide].

Researching Provincial
Legislation: Alberta

AB

Nadine Hoffman, BA, MLIS, Natural Resources, Energy & Environmental Law
Librarian, Bennett Jones Law Library, University of Calgary; Kim Clarke, BA, LLB,
MLIS, Head, Bennett Jones Law Library, University of Calgary; Christine Press, BA,
BEd, MLIS, Law Librarian, Alberta Law Libraries
Contents
I.

Law-Making Process: How an Alberta Bill Becomes a Statute . . . . . . . . . . . . . . . 5-AB:3


A.
B.
C.
D.
E.

Legislative Assembly of Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating a Statute as Enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determining Coming into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-AB:3
5-AB:3
5-AB:5
5-AB:9
5-AB:9

II. How to Track a Bill That Is Currently Before the Provincial Legislature . . . . . . 5-AB:12
III. Official Sources, Authoritative Sources, and Unofficial
Sources of Legislation: Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:13
A. Difference Between Official, Authoritative, and Unofficial Sources
for Alberta Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:13
B. Legislative Underpinnings of Official Publications for Alberta Statutes . . . . . . . . . . . . 5-AB:13
C. Guide to Alberta Legislative Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:14

IV. Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:16
A.
B.
C.
D.
E.
F.
G.
H.

How Alberta Acts Are Revised and Consolidated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Locating and Updating Revised and Consolidated Alberta Statutes . . . . . . . . . . . . . . .
Determining Statute Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Updating Alberta Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Alberta Revisions and Consolidations Come into Force . . . . . . . . . . . . . . . . . . . . . .
Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How to Backdate Alberta Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-AB:16
5-AB:17
5-AB:19
5-AB:21
5-AB:22
5-AB:23
5-AB:27
5-AB:28

V. Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:33


A.
B.
C.
D.
E.
F.
G.
H.

Locating Regulations as Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


How Regulations Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Official and Unofficial Amended, Consolidated, and Revised Alberta Regulations . . .
Locating and Updating Revised and Consolidated Alberta Regulations . . . . . . . . . . .
Locating Regulations as Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Updating Alberta Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Backdating Alberta Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-AB:33
5-AB:35
5-AB:36
5-AB:36
5-AB:37
5-AB:38
5-AB:38
5-AB:41

5-AB:1

5-AB:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how an Alberta provincial bill becomes a statute


Track a bill through the legislative process
Understand how Alberta statutes and regulations come into force
Understand the term official as it applies to legislative materials
Find versions of Alberta statutes and regulations, online and in official





print sources
Understand how laws are enacted, amended, consolidated, and revised
Locate enacted and amended Alberta legislation
Understand how to complete point-in-time research
Locate prior versions of Alberta legislation
Complete historical legislative research (backdating)
Compile a legislative history

Research Tasks
AB.1
AB.2
AB.3
AB.4
AB.5
AB.6
AB.7
AB.8
AB.9
AB.10
AB.11
AB.12
AB.13
AB.14
AB.15
AB.16
AB.17
AB.18
AB.19
AB.20

Locating Statutes as Enacted: Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:6


Locating Statutes as Enacted: Queens Printer Laws Online
Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:7
Locating Statutes as Enacted: QP Source Professional
Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:8
Locating Dates for Statutes in Force on Royal Assent . . . . . . . . . . . . . . . 5-AB:10
Locating Dates for Statutes in Force on Proclamation . . . . . . . . . . . . . . 5-AB:10
Using the Alberta Gazette Proclamation Tables to Find CIF . . . . . . . . . 5-AB:11
Using QP Source Professional to Find CIF . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:12
Locating the RSA: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:17
Locating Amendments: Amendment Information Line . . . . . . . . . . . . . 5-AB:19
Locating Amendments: Table of Public Statutes . . . . . . . . . . . . . . . . . . . . 5-AB:20
Conducting QP Source Professional Point-in-Time
Statute Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:24
CanLII: Point-in-Time Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:25
Creating a Prior Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:26
Backdating Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:27
Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:29
Obtaining Bill Status to Compile a Legislative History . . . . . . . . . . . . . . 5-AB:31
Using the Hansard Subject Index to Obtain Bill Status . . . . . . . . . . . . . . 5-AB:32
Locating Regulations: Alberta Gazette, Part IIPrint: Official . . . . . . . 5-AB:34
Locating Current Consolidations of Regulations:
TitleorCitation of Enabling ActUnofficial: Online . . . . . . . . . . . . . . . . 5-AB:36
Locating Regulations as Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-AB:37

Researching Provincial Legislation: Alberta 5-AB:3

I. Law-Making Process: How an Alberta


Bill Becomes a Statute
A. Legislative Assembly of Alberta
The Alberta Legislative Assembly enacts provincial law in the form of statutes,
which are also called acts and legislation. Each newly elected Legislative Assembly
conducts business during a legislature, which is divided into annual legislative
sessions. No legislature may sit for more than five sessions.

B. Bill Passage Process


The process begins with the identification of a problem or a gap in the existing law.
This issue may be recognized by the government itself, or may be brought to the
governments attention through a court decision, a member of the Legislative
Assembly (MLA), an association, a corporation, or a member of the public. A bill
is then created to address the problem, drafted by either a Cabinet minister or an
MLA.
The drafter becomes the bills sponsor. Government bills sponsored by ministers are reviewed and discussed by Cabinet, consisting of the premier and all
ministers, before being shared with the Legislative Assembly. Private members
bills are initiated by private citizens but, because only Assembly members may
present bills, are sponsored by MLAs who are not Cabinet ministers. Both government and private members bills are public bills whose terms apply generally
to the entire province. Bills are numbered sequentially as they are produced;
government bills are numbered from 1 and private members bills are numbered
from 201.
Bill 8, Missing Persons Act, 4th Sess, 27th Leg, Alberta, 2011
Bills are identified by both a legislature and a session number, because bill
numbers are repeated in every session. For example, the bill creating the Missing
Persons Act was the eighth bill introduced in the fourth session of the 27th
Legislature in 2011.

Bills are read three times before the Legislative Assembly. At first reading, the
sponsor introduces the bill and explains its purpose. Neither discussion nor debate on the bills merits or wording occurs at this stage. The first reading version
of the bill is distributed to libraries throughout the province and is available electronically on the Legislative Assembly website. The bill is then scheduled for its

5-AB:4 The Comprehensive Guide to Legal Research, Writing & Analysis

second reading at the next sitting of the Legislative Assembly. If the bill was not
printed and distributed prior to its first reading, this process will occur before its
second reading.
During the second reading, MLAs, led by the bills sponsor, debate the bill on
its merits. The debates, recorded verbatim, are published in Alberta Hansard, and
are available in print in many libraries and on the Legislative Assembly website.1
Alberta Hansard was first published in 1972 during the Legislative Assemblys
17th Legislature, 1st Session.2 Alberta Hansard, whether online or in print, is organized by date. It is browsable by date on the Legislative Assembly website under
the Assembly Documents and Records link. The full text is also searchable from the
same page.
Once debate has concluded, a motion is made to refer the bill to a committee
for further review. If the motion passes, the bill is sent either to a standing committee whose mandate includes the subject matter of the bill, or to the Committee
of the Whole, comprising all MLAs.
Committees amend bills if necessary. They may also seek comment from government officials, corporations, associations, other interested groups, or members
of the public. The transcripts of the standing committees meetings are available on
the Legislative Assemblys website.3 The Committee of the Wholes discussions are
recorded in Hansard.
The committee may recommend that the bill either proceed to third reading, with
or without amendments, or not proceed further. In the first two scenarios, the committee reintroduces the bill and, if necessary, recommends amendments. If passed,
the revised bill is sent to the Queens Printer for reprinting before third reading.
Few committee reports are published with the exception of those from special committees, such as the Select Special Committee on Constitutional Reform. Hansard
includes the chairs commentary about the committees recommendations.
Once the bill proceeds to third reading, further debate is unlikely prior to the
vote on whether the bill should pass into law. The Legislative Assemblys voting
records are published in the Journals of the Legislative Assembly of the Province of

1 The online collection consists of PDF content. Alberta Legislative Assembly, Hansard, online:
<http://www.assembly.ab.ca/net/index.aspx?p=han&section=doc&fid=1>.
2 Previously, Hansard was published in scrapbook form from 1906 to 1964; this collection is available
on microfilm. For full details about the publishing of this collection, see Alberta Legislative Assembly
Office, From Lip to Script: The Making of Alberta Hansard [videorecording] (1989). See also All
About Hansard at <http://www.assembly.ab.ca/lao/pib/hansard_home.htm>.
3 <http://www.assembly.ab.ca/committees/>.

Researching Provincial Legislation: Alberta 5-AB:5

Alberta at the end of each legislative session. They are available in print and, from
1980 on, are searchable on the Legislative Assemblys website.4
In the case of private bills, a third category of bills in Alberta, an individual or
a group of citizens files a petition claiming statutory relief. The sponsor does not
need to agree with the relief being sought; rather, he or she puts the matter before
the Assembly. After first reading, the bill is sent to the Standing Committee on
Private Bills. The citizen who initiated the process will testify, explaining the
reasons for the relief claimed. If the private bill committee agrees, the bill proceeds
to second reading and, if it passes, to the Committee of the Whole before proceeding to third reading.5
After the bills passage, the new statute must receive royal assent (approval of
the Lieutenant Governor in Council), and be proclaimed in force before it becomes
law. Generally, a statute is proclaimed in force the day it receives royal assent;
however, the statute itself can specify the date that it comes into force, or indicate
that it takes effect after another event occurs.6

C. Locating a Statute as Enacted


The annual Statutes of Alberta (SA) commence in 1906. Before Alberta became a
province, governing legislation was found in the Ordinances of the North-West
Territories of Canada. Some of this legislation is still in force today. Currently, the
annual bound SA combine public acts enacted during both the spring and fall
sessions with additional sections that assist in using the set.7
Once the Legislature passes a bill, it becomes a public act. At the end of each
legislative session, the Alberta Queens Printer publishes Public Acts: [year and
season] Sitting, which is available on both the Queens Printer website and QP
Source Professional. This package provides an outline of the included acts, e.g. new
acts, amended and repeal acts, acts amended, acts repealed, private acts, and On
Order PaperGovernment Bills Introduced but not passed prior to Adjournment

4 Alberta Legislative Assembly, Journals, online: <http://www.assembly.ab.ca/net/index.aspx?p=jo


&section=doc&fid=42>. The online collection, in PDF form, goes back to 19th Legislature, 2nd
Session (1980).
5 See How to Petition the Alberta Legislature to Pass a Private Bill at <http://www.assembly.ab.ca/pro/
petpro.pdf >. Private bills include Pr in their number to distinguish them from public bills and
private members bills.
6 The Alberta government, rather than the Legislative Assembly, determines the proclamation date.
Contact the Legislative Counsel Office if questions arise about the date of proclamation.
7 These additional tools will be discussed throughout this chapter, and include the following: Table of
Contents, Table of Proclaimed, Unproclaimed Acts, proclamation information, repeals, amendments, and Table of Public Statutes.

5-AB:6 The Comprehensive Guide to Legal Research, Writing & Analysis

on [date session ended]. The outline also provides chapter and bill numbers, titles,
and commencement information. These acts are then printed in the annual SA.
Once enacted, a statute receives a chapter number. As with bills, both the year
of enactment and the chapter number are used to locate a specific statute. However, the chapter number differs from its former bill number. The new statutes are
published in chapter number order in the annual bound SA, and are also available
on the Queens Printers website at <http://www.qp.alberta.ca>. The chapter number
can be either numerical or alphanumeric (e.g. 14 or A-18). Numeric numbering
is used for amending statutes, and alphanumeric numbering is used for new
statutes. Examine the following citations:

Health Quality Council of Alberta Act, SA 2011, cH-7.2


Protection Against Family Violence Amendment Act, 2011, SA 2011, c4

Both statutes can be located in the 2011 Statutes of Alberta by their chapter
numbers. The chapter numbers indicate that the Health Quality Council of Alberta
Act is a new statute, whereas the second statute is an amending statute. Working
with statutes as amended is discussed later in this chapter, while working with
statutes as enacted is discussed below.

1. Locate by Citation: PrintOfficial


Task AB.1

Locating Statutes as Enacted: Official


Find the Missing Persons Act, SA 2011, cM-18.5.

In a library, find the call numbers and locate both the Statutes of Alberta and
Public Acts.

Statutes of Alberta: Find the SA for 2011; use the Table of Contents to locate
chapter M-18.5.

Public Acts: If the Act was enacted after the publication of the last annual
volume, use the Public Acts. Locate the Public Acts: [year, Spring or Fall] Sitting.
Confirm the citation reference in the New Acts table and find the statute.

Researching Provincial Legislation: Alberta 5-AB:7

2. Locate Unofficial Sources: Online


a.Alberta Queens Printer: Laws Online

Task AB.2

Locating Statutes as Enacted: Queens Printer Laws Online


Unofficial
Find the Missing Persons Act, SA 2011, cM-18.5, passed in the 2011 Spring sitting
of the Legislature.
On the Queens Printer website, <http://www.qp.alberta.ca>, choose the Laws
Online/Catalogue tab. Locate the Missing Persons Act using one of the following
methods:

Browse an alphabetical list of acts by title: Use the alphabetical list to locate
the act by title. Choose the Acts tab to view only statutes and scroll to find the
particular act. The list may indicate that an act is awaiting proclamation.
Selecting an act displays the title, citation, ministry responsible, and links to
PDF and HTML full-text versions.

Search by title/keyword: This option can be used if part of the title of the act
is known.

Search by chapter/regulation number: Select the chapter/regulation number


using the drop-down option. For the Missing Persons Act, SA 2011, cM-18.5,
select M-18.5 2011.

5-AB:8 The Comprehensive Guide to Legal Research, Writing & Analysis


b. QP Source Professional

Task AB.3

Locating Statutes as Enacted: QP Source Professional


Unofficial
QP Source Professional is a subscription-based online legal research system. Information about its contents can be found at <http://qpsource.gov.ab.ca>. Go to
QP Source Professional and choose one of the following options: browse by title
name, search by title/chapter, or conduct a database search.

Browse by title name: Use the alphabetical list to locate the statutes title to
conduct an assisted search, view the document, or get point-in-time
information.

Search by title/chapter: Search by title keyword or chapter citation reference.

Conduct a database searchBasic Search box: Select Annual Volumes, then


Title from the drop-down menu. Use title keywords to display a results list.

Conduct a database searchAdvanced Search box: Select Annual Volumes


from the drop-down menu, then search by chapter number, year, or full-text.

Researching Provincial Legislation: Alberta 5-AB:9


c.Commercial Sources

LexisNexis Quicklaw: Source nameAlberta Annual Statutes


CCH: Canadian Legislative Pulse contains Alberta statute and bill tracking
from 2002 on.
The Alberta Queens Printer website allows the purchasing of individual
consolidations.
CCH Canadian and Canada Law Book include some subject-specific
Alberta legislation in their online products and print titles.

D. How Statutes Come into Force


To take effect as law, statutes must come into force (CIF)8 once enacted. CIF information may be stated at the end of the statute as enacted, but may also be found
within the statute itself. A statute may come into force on royal assent, while
others come into force only when proclaimed. Unless otherwise stated, proclamations come into force on the day that they are issued.9 Statutes can come into
force either as a whole or in sections on different dates. Complex statutes may
require staggered implementation; in such cases, the CIF provision will state that
while certain sections come into force on royal assent, others come into force on
proclamation, or on a day specified in the act. If an act contains schedules, often
the CIF provision for the schedule is located at the end of the schedule.

E. Determining Coming into Force


Since CIF information is removed when the statute is consolidated, always use the
enacted version of the statute to determine its CIF information. The following
examples explain the steps to locate the CIF date using online or print sources.

8 See Interpretation Act, RSA 2000, cI-8, s4, which provides the legislative authority for the commencement of both statutes and regulations. CIF for regulations is discussed later in this chapter.
9 Ibid, s15.

5-AB:10 The Comprehensive Guide to Legal Research, Writing & Analysis

1. Locate CIF Dates for Statutes in Force on Royal Assent


Task AB.4

Locating Dates for Statutes in Force on Royal Assent


Find the CIF dates for statutes in force on royal assent.

Review the closing paragraphs of the enacted version of the statute.

Locate the statutes CIF provision. Find the date on the first page of the statute.

2. Locate CIF Dates for Statutes in Force on Proclamation:


Print and Online
Task AB.5

Locating Dates for Statutes in Force on Proclamation


Determine the CIF date for section 9 of the Securities Amendment Act, 2010, SA
2010, c10.

Locate the enacted version of the statute using the print volumes of the SA or
an online source, e.g. <http://www.qp.alberta.ca>.

Locate its CIF provision:


23. Sections 2(a), (c) and (d), 3, 4, 7 to 10, 12 to 16 and 19 to 21 come into force
on Proclamation.

Note the assent date: Assented to April 22, 2010.

Locate the proclamation information. If the statute was published in the SA


1990 (22nd Legislature, 2nd Session) or later, the proclamation date is provided
in italics at the end of the statute:
Note: Sections 9, 10(a) and 14 proclaimed in force on July 14, 2010. Section 19 proclaimed in force July 31, 2010. Sections 2(d), 4, 8, 20 and 21(a) proclaimed in force
January 1, 2011.

To examine the proclamation, locate it in the Enactments Brought into Force


or Repealed by Proclamation or on a Named Date as of table, and its related
tables. You will find these before the Table of Public Statutes in the white pages
located at the end of the SA volumes. The table provides a list of all public
statutes that are in force by proclamation, remain unproclaimed, expire, or
come into force by statutory authority, as of the date noted.

Examine the table for the year after the statute received royal assent. The table
is arranged alphabetically by statute title. Locate the statute, e.g. Securities

Researching Provincial Legislation: Alberta 5-AB:11


Amendment Act, 2010, SA 2010, c10. Review the information provided next to
the section of the statute that is being researched:
ss 9, 10(a), 14 In force July 14, 2010, Gazette volume 106, no 14, page 675.

The online version of the Alberta Gazette, Part I, <http://www.qp.alberta.ca>,


can be used to locate proclamations issued from 1995 on. For older
proclamations, consult the print version.

Select the Alberta Gazette tab from the main frame. Select 1995-2012. Choose
the year, in this case, 2010. Choose the month closest to the proclamation date
of 15July 2010. In this case, there are two possible options, so select the PDF
icon for both 15July 2010 and 31July 2010 and examine each issue. Check the
first page to ensure that the volume and issue number match the required
information. For this example, the required information is found in the issue
dated 31July 2010; the proclamation is found at pages 675-676.

CIF information statement:


The Securities Amendment Act, 2010, SA 2010, c10, s9 came into force on 14 July
2010 by proclamation in accordance with section 23 of the Act, as evidenced by the
Alberta Gazette, Part I, vol 106, no 14 (31 July 2010) at 675.

3. Locate the Proclamation Tables in the Alberta Gazette,


Part I to Determine CIF: Print and Online
Task AB.6

Using the Alberta Gazette Proclamation Tables to Find CIF


Use the Alberta Gazette Proclamation Tables to find CIF.

Use the Alberta Gazette, Part I, Cumulative Annual Table of Contents, found at
the back of the printed version of each issue. Printed issues are available in law
libraries. In the Table of Contents, find Proclamations. Each act is listed
alphabetically, with page number references to the Gazette.

To use the Alberta Gazette online, go to the Queens Printer website,


<http://www.qp.alberta.ca>. Choose the Alberta Gazette tab from the main
frame. Select the relevant year, i.e. Current Issue, 2013, or 1995-2012
found in The Alberta Gazette, Part I column. If the year is before 2012, select
the year from the list of years. Locate the desired act under Proclamations
and note the page number at right. Scroll to find the page key, and locate the
page number in the page ranges below to find when and where each
proclamation appears in the Alberta Gazette.

5-AB:12 The Comprehensive Guide to Legal Research, Writing & Analysis

4. Use QP Source Professional to Find CIF


Task AB.7

Using QP Source Professional to Find CIF

Search for the act as explained above. CIF information is provided within the
act or at the end of it. As shown in Task AB.3, conduct a database search using
the Basic Search box technique: Under the search drop-down menu, choose
Alberta Gazette. Select the act by name from the list. Select first hit to navigate
the document.

Alternatively, conduct a database search using the Advanced Search box, also
described in Task AB.3: Under the search drop-down menu, choose Alberta
Gazette. Deselect Part 2 and Registrars Periodical. Select the act by name from
the list. Select first hit to navigate the document.

II. How to Track a Bill That Is Currently


Before the Provincial Legislature
To find and monitor the progress of bills from the current legislative session:
On the Legislative Assemblys website at <http://www.assembly.ab.ca>,
choose Bills and Amendments from the menu. For the current session,
select Bills and scan the list of bills. Select the bill number to obtain the
bills status report. It provides the sponsors name, the dates of the bills
readings, the committee report, and royal assent, and may reference the
pages in Hansard to the debates. For the full text of the first reading version
of the bill, link to View Bill # (PDF). For the dates the bill was debated in
the Assembly, link to Search in Hansard.
To find bill information from previous legislative sessions (1906 to present):
On the Legislative Assemblys website at <http://www.assembly.ab.ca>,
choose Bills and Amendments from the menu, then Bills. Select the
desired session from the drop-down menu.
For early legislative sessions, only the first reading version of the bill may
be available. Legislative sessions from 2001 on include first reading, a bill
status report, and references to the related debates in Hansard.10
10 Bill status reports for older legislative sessions continue to be added to this website.

Researching Provincial Legislation: Alberta 5-AB:13

To obtain the bill status reports from 1989 to present, return to the Bills
and Amendments page and select Bill Status Reports. Select the desired
legislative session from the list.

III. Official Sources, Authoritative Sources,


and Unofficial Sources of Legislation:
Guide to Publications
A. Difference Between Official, Authoritative, and
Unofficial Sources for Alberta Statutes
An official source of legislation refers exclusively to publications that disseminate
statutes or regulations. For statutes, an official source is a government publication
designated by statute as providing evidence of the law for use in a courtroom. An
authoritative source refers to government publications other than those which
disseminate statutes, such as Hansard. An unofficial source of law is any source
not designated by statute as evidence of the law for courtroom use. For court
purposes, provide an official version when possible.

B. Legislative Underpinnings of Official


Publications for Alberta Statutes
The Alberta Evidence Act 11 stipulates the version of a statute to be used as evidence
in an Alberta courtroom. Acceptable documents include the Alberta Gazette, the
Statutes of Alberta, and the Revised Statutes of Alberta. Sections 27-41 explain how
government documents, including statutes and regulations, may be evidenced.
The Alberta Gazette,12 published under statutory authority,13 provides government notices, regulations, and proclamations. The online version of the Alberta
Gazette14 offers content from 14 January 1995 on. Currently, neither statutory nor
regulatory authority purports to make the online version of the Alberta Gazette
official. In fact, a notice on the Queens Printer website indicates that the sites
contents are provided solely for the users information.

11 RSA 2000, cA-18, ss28-31, 33.


12 (Edmonton: Queens Printer).
13 Queens Printer Act, RSA 2000, cQ-2, ss2-5.
14 <http://www.qp.alberta.ca/Alberta_Gazette.cfm>.

5-AB:14 The Comprehensive Guide to Legal Research, Writing & Analysis

1. Official Versions of Alberta Statutes


When providing the court with a statute, use the version obtained from an official
source if available. Section 28 of the Alberta Evidence Act 15 authorizes the Queens
Printer publications as acceptable evidence. The Queens Printer obtains its authority to publish the Statutes of Alberta and the Revised Statutes of Alberta from
the Queens Printer Act.16 The Statute Revision Act 17 requires the Queens Printer
to publish the Revised Statutes of Alberta in print form.

2. Unofficial Versions of Alberta Statutes


An unofficial source of law is any source not designated by statute as evidence of
the law for courtroom use. This includes most web-based and commercial publications. All other formats are unofficial, including the Queens Printer loose-leaf
service, the Queens Printer website, office consolidations, and the version of the
statutes on QP Source Professional.

C. Guide to Alberta Legislative Publications


If a publication is available in print, the materials will likely be available at most
law libraries, including those in universities and courthouses. Some print materials may be available at Alberta public libraries. Online access to most legislative
publications is freely available in Alberta through the Legislative Assembly of
Alberta (Assembly),18 the Alberta Queens Printer (QP),19 or the Alberta Law Collection (ALC)20 websites in addition to statutes and regulations. See Figure AB.1
for a summary of Albertas legislative publications.

15 Supra note 11.


16 Supra note 13, s3.
17 RSA 2000, cS-19, s6.
18 <http://www.assembly.ab.ca>; most resources since 1996.
19 <http://qp.alberta.ca>; mostly current information.
20 See Our Future, Our Past: The Alberta Heritage Digitization Project, University of Calgary Libraries
and Cultural Resources <http://www.ourfutureourpast.ca/law>; most resources from 1906 to 1990.

Researching Provincial Legislation: Alberta 5-AB:15


FIGURE AB.1 Guide to Alberta Legislative Publications
Title

Print

Online (Open Access)

A Guide to the
Legislative Process
Acts and Regulations

AVAILABLE: No

AVAILABLE: Yes

Alberta Hansard

AVAILABLE: Yes

AVAILABLE: Yes (Assembly; ALC)

COVERAGE: 1972 on
(17th Legislature)

URL: <http://www.assembly.ab.ca>;
<http://www.ourfutureourpast.ca/law>

AUTHORITY: Official

COVERAGE: Anticipate from 1972 by


end of 2013; 1972 to 1993

AVAILABLE: Yes

AVAILABLE: Yes (Assembly; ALC)

COVERAGE: Official
publication began in 1906

COVERAGE: From at least 1980; to 1990

Journals of the
Legislative Assembly of
the Province of Alberta

URL: <https://www.solgps.alberta.ca/
Publications1/Legislative%20process
%20manual.pdf>

AUTHORITY: Official

Bills

Public Acts

Statutes of Alberta

Ordinances of the
North-West Territories

AVAILABLE: Yes

AVAILABLE: Yes (Assembly; ALC)

COVERAGE: 1906 on

COVERAGE: From 1906; to 1990

AVAILABLE: Yes

AVAILABLE: Yes (QP)

AUTHORITY: Official

COVERAGE: Current only

AVAILABLE: Yes

AVAILABLE: Yes (QP; ALC)

COVERAGE: 1906 on

URL: <http://www.qp.alberta.ca>

AUTHORITY: Official

COVERAGE: Current; to 1990

AVAILABLE: Yes

AVAILABLE: Yes (ALC)

COVERAGE: to 1906

COVERAGE: 1877-1905

AUTHORITY: Official

Alberta Gazette, Part I

AVAILABLE: Yes

AVAILABLE: Yes (QP; ALC)

COVERAGE: 1906 on

COVERAGE: Current; to 1990

AUTHORITY: Official

Alberta Gazette, Part II


(Regulations)

AVAILABLE: Yes

AVAILABLE: Yes (QP; ALC)

COVERAGE: 1906 on

COVERAGE: Current; to 1990

AUTHORITY: Official

Table of Public
Statutes

AVAILABLE: Yes

AVAILABLE: No (QP Source Professional only)

Cumulative Index of
Regulations

AVAILABLE: Yes

AVAILABLE: Yes (QP; ALC)

5-AB:16 The Comprehensive Guide to Legal Research, Writing & Analysis

IV. Locating and Working with


Amendments, Statute Revisions,
and Consolidations
A. How Alberta Acts Are Revised and Consolidated
1. Revised Statutes of Alberta
The Alberta government has periodically published the Revised Statutes of Alberta
(RSA). The RSA 2000 was compiled by the office of the Chief Legislative Counsel
for the Province of Alberta, which had explicit authority not only to consolidate
the law, but also to revise it.21 Therefore, the RSA is a legislative revision and
consolidation.
The RSA 2000 was compiled by starting with the previous version of the RSA
(1980), which contained Alberta statutes revised as of 31December 1980. All acts
repealed between 1January 1981 and 31December 2000 were removed, and all
new substantive acts enacted between 1January 1981 and 31December 2000 were
added. All statute amendments passed between 1January 1981 and 31December
2000 were incorporated into the revision. The acts included in the set were then
alphabetized and given a new chapter number that corresponded to their place in
the set. In many cases, the statute sections were renumbered to account for those
that had been repealed and added. A citation to the revision statute, otherwise
known as historical references, is provided as the first citation in each amendment information line at the bottom of each section of the statute.22
The new set of the RSA was brought into force as a whole and the year was
added to the title: RSA 2000. This new set of the RSA became the standard for
lawyers to rely on as an accurate record of the law as of the date noted in the title.
Albertas Chief Legislative Counsel has the power to produce partial revisions,
or revisions to a single act, but no such revisions are planned at present. This
would require removing repealed sections, incorporating amendments, and renumbering sections if necessary.23 Moreover, according to the Chief Legislative
Counsel, at present there is no intent to provide another full print set of the RSA.24

21 Statute Revision Act, SA 2000, cS-22.5, ss2-3. Revisions and consolidations of previous versions of
the RSA were governed by precursor legislatione.g. the Revised Statutes 1980 Act, SA 1979, c66.
22 More information about the uses of this information will be provided in the section on backdating.
23 These powers are set out in the Statute Revision Act, RSA 2000, cS-19, ss2-3.
24 Peter Pagano, QC, via telephone interview with Christine Press on 29March 2012.

Researching Provincial Legislation: Alberta 5-AB:17

2. Effect on Citation
Albertas Interpretation Act 25 lacks a provision on statute citation. However, by
accepted legislation citation practices, Alberta statutes may be referred to by their
title, and as Statutes of Alberta or SA, followed by the year of enactment and chapter
number. The Statute Revision Citation Regulation26 states the citation format for
the Revised Statutes of Alberta 2000. Accordingly, the following rules apply:
When referring to a statute as it appeared in the RSA 2000, cite to RSA 2000.
When referring to a statute that was included in the RSA 2000, which has
not been repealed, and accordingly appears in the current unofficial consolidations online on the Queens Printer website, cite to RSA 2000.27
When referring to a statute as it appeared in the SA, cite to SA.
When referring to a statute that was enacted after 2000, which has not been
repealed, and accordingly appears in the current unofficial consolidations
online on the Queens Printer website, cite to SA.

B. Locating and Updating Revised and


Consolidated Alberta Statutes
Task AB.8

Locating the RSA: Print and Online


Find the Age of Majority Act, RSA 2000, cA-6.

1. Locating Historical Revisions of Statutes: PrintOfficial

Use the library catalogue system to locate the RSA.

In the RSA 2000 (bound edition), use the Table of Contents to find the volume
in which chapter A-6 is printed, then locate and review the statute.

2. Locating Current Consolidations of Statutes in the RSA 2000:


PrintLoose-leaf Edition: Unofficial

Use the library catalogue system to locate the RSA loose-leaf edition, which is
a convenient, unofficial consolidation of statutes that is updated twice per year.

25 Supra note 8.
26 Alta Reg 252/2001 made pursuant to the Statute Revision Act.
27 Note that according to the Canadian Guide to Uniform Legal Citation, 7th ed (Toronto: Carswell,
2010) [McGill Guide] at ch 2.1.11, citations are presumed to be to the statute as amended.

5-AB:18 The Comprehensive Guide to Legal Research, Writing & Analysis

In the RSA 2000 (loose-leaf edition), use the Table of Contents to find the
volume in which chapter A-6 is printed, then locate and review the statute.

3. Locating Historical Consolidations of Statutes: PrintUnofficial

Some frequently used statutes, such as those governing family law, are
consolidated and published each year by commercial publishers. Many law
libraries receive these annual consolidations, which often contain more than
one related act, often with associated regulations, commentary, or annotations.
Contact the local law library to determine the scope of its collection.

4. Locating Current Consolidations of Statutes: Alberta Queens


PrinterOnline: Unofficial

On the website, select Laws Online/Catalogue. Use the alphabetical list of


statutes to find the particular statute. Select the HTML or PDF version. Both are
unofficial.

Review the statutes Revised date provided on the Acts summary page
beneath Ministry Responsible, as well as on the first page of the PDF version.

5. Other Current Consolidations: OnlineUnofficial


Locate the unofficial consolidations of statutes using one of the following
methods:

QP Source Professional: contains unofficial statute consolidations that are fulltext searchable

CanLII: Source nameStatutes and Regulations of Alberta

LexisNexis Quicklaw: Source nameAlberta Statutes

Westlaw Canada: Database nameAlberta Statutes

Researching Provincial Legislation: Alberta 5-AB:19

C. Determining Statute Amendments


1. Amendment Information Line: Online Consolidation
or RSA (Loose-leaf Edition)
Task AB.9

Locating Amendments: Amendment Information Line


Determine whether the Family Law Act, SA 2003, cF-4.5, s3 has been amended.

Locate the statute using an online consolidation (Queens Printer Laws Online,
the QP Source Professional statutes database, other legal databases such as
CanLII, LexisNexis Quicklaw, or Westlaw Canada), or the RSA 2000 (loose-leaf
edition). Note that for historical research, amendment information lines are
found under the statute section in the RSA 2000 (bound version).

Choose PDF or HTML. Find section 3 and examine the information line:
2003 cF-4.5 s3; 2005 c10 s3; 2010 c16 s1(4)

Section 3 of the Family Law Act was enacted by section 3 of the statute SA
2003, chapter F-4.5. It was later amended by section 3 of the statute SA 2005,
chapter 10 and finally by section 1(4) of the statute SA 2010, chapter 16. Locate
and review the amending statutes; note their CIF dates.

An Editors Table displaying the provision that was amended, and the date and
authority by which the amending section came into force, accompanies
Quicklaws information line.

5-AB:20 The Comprehensive Guide to Legal Research, Writing & Analysis

2. Table of Public Statutes


Task AB.10

Locating Amendments: Table of Public Statutes


Determine whether the Family Law Act, SA 2003, cF-4.5, s3 has been amended.

The Table of Public Statutes is located in the back of the last volume of the RSA
2000 (loose-leaf edition), in the back of each annual volume of the SA, and
online in QP Source Professional. It provides citations to amending statutes
and shows amendments that have been proclaimed.

The current version of the table contains a list of substantive statutes in force
as of the date of the table, and provides information about statutes that have
amended other statutes since 2000, as well as substantive statutes repealed
since 2000. Updated quarterly on QP Source Professional, and bi-annually in
the RSA 2000 (loose-leaf edition), the statutes listed in the table correspond to
the content of the consolidated statutes collection on the Queens Printer
website, on QP Source Professional, and in the loose-leaf RSA 2000.

The table provided in the printed version of each annual volume of the SA
contains a list of substantive statutes in force when the table was compiled, or
enacted since the last revision but unproclaimed, or repealed since the last
revision.

Since the tables use the previous revision as their starting point, they provide
information about amendments enacted since the last revision.

Beneath each statute in the table is a list of the amended sections of the
statute. Next to each section number is a citation to the amending act(s). If
more than one amendment has been made to a section, they will be listed in
chronological order starting from the oldest.

Researching Provincial Legislation: Alberta 5-AB:21

The table indicates whether an amendment has come into force. Proc.
appearing after the citation to the amending act indicates that the amending
provision comes into force on proclamation, but that no proclamation had
been issued as of the date of the table. Eff. followed by a date indicates that
the amending provision was proclaimed in force on the date specified. If
neither Proc. nor Eff. appears after the citation, the amendment did not
come into force upon proclamation. Instead, the CIF date may be a date
specified in the act or the date it received royal assent. Use the steps set out
earlier to determine whether an amending act or section has come into force.

Many commercial publishers also produce updated consolidated versions of


statutes annually; selected collections are available in many libraries.
Commercial annotations of statutes will also usually contain amendment
information lines for sections of the statute that have been amended.

D. Updating Alberta Statutes


Determining the currency of legislation is an essential research step. Use QP Source
Professional, under Updates, to note when databases were updated. QP Source
Professional content appears to be current from a few days up to approximately
two weeks behind the current calendar date. These dates apply to the Queens
Printer website too, although the dates are not displayed on the site.
The online version of the Alberta Gazette, Part I requires selecting the current
year. Review the list of issues and select new ones published since QP Source
Professionals last update (or within a few weeks if you use the Queens Printer
website instead). If no issues have been published, the updating process is complete. However, for any issues published since the last update, scan the first few
pages of the issues for recent proclamations that amend the statute being updated.
Alternatively, select Current Issue and then Alphabetical Table of Contents for
the current year, and locate Proclamations.
If a proclamation amends the statute, ensure that it amends the section of the act
being relied on by linking to the Legislative Assemblys website, finding the web
page for the bill creating the amending statute, and reviewing the bill along with
any bill amendments. Alternatively, if the statute was enacted in a recent session
of the Legislature, browse for the royal assent version of the statute on the Queens
Printer website by selecting Laws Online/Catalogue and then Spring Legislation
or Fall Legislation.
For court purposes, if the amending statute is relevant, provide a copy of the
statute as enacted from the annual volumes of the SA if enacted after RSA 2000, or
a copy from the RSA 2000 (bound edition), along with copies of all amendments
since enactment and the royal assent version of the amending statute. This will be

5-AB:22 The Comprehensive Guide to Legal Research, Writing & Analysis

the most recent version available in any source. Statutes recently enacted and not
yet incorporated into a bound annual volume of the SA are published as individual chapters by the Queens Printer, and can be accessed at most law libraries.28

E. How Alberta Revisions and Consolidations Come into Force


1. Revised Alberta Statutes
When referring to a statute or section in the RSA (bound edition), assume that
the statute has been brought into force. Revised statutes were brought into force
as a whole. However, always update a statute being relied on to determine whether
the statute, or relevant sections, have been amended or repealed.
For the RSA, the act that brought the revision into force will state that the revision itself has the force of law. For example, the Revised Statutes of Alberta, 2000
came into force on 1 January 2002 by proclamation in accordance with section 5(1)
of the Statute Revision Act, SA 2000, cS-22.5, as evidenced by Alberta Gazette,
PartI, vol 97, no 24 (31 December 2001) at 2882. Thus, once the set has been
brought into force, all sections are also in force.

2. Consolidated Alberta Statutes


When referring to a statute online through the consolidated statutes collection
on the Queens Printer website, assume the statute or section is in force. The consolidations on the website incorporate only those amendments in force on the
consolidation date shown on the cover of the act as the current as of date
(choose the PDF file, because the HTML file does not include the cover page). If
an acts amendments are not yet in force, they are listed on the page immediately
following the title page under the heading Amendments not in Force. Acts that
are not yet in force are listed and are identified as Awaiting Proclamation beside
the statute title in the results list.

28 In addition, consult CanLIIs RSS feeds for statutes and regulations, or use a commercial source
such as Canadian Legislative Pulse or Canadian Current Law: Legislation, for an unofficial method
to monitor amendments to legislation.

Researching Provincial Legislation: Alberta 5-AB:23

Similarly, the consolidated statutes collection on QP Source Professional incorporates only those amendments that are in force by the currency date displayed
on the home page. If the act has amendments not yet in force, they are listed on
the Summary page for that statute under Comments.
When referring to a statute in the RSA 2000 loose-leaf consolidation, determine whether the statute itself or the section being relied on is in force. The
publication is updated twice annually; it may contain acts that are not in force as
stated on its title page in volume 1.29

F. Locating Prior Versions of Statutes


Not all legal issues require an analysis of the current version of an act; occasionally, locating the statute as it appeared at a specific period or point in time (PIT)
is required. To undertake PIT research:
Assess the facts to determine the date of the relevant event; generally, the
version of the law that governs is the one that was in force on the date(s)
that the event occurred.
However, there are exceptions. Therefore, review the relevant statute itself
along with relevant interpretive statutes30 for specific details, and for the
effect of amending and repealing statutes on matters at various stages in
judicial proceedings.

1. QP Source Professional: OnlineUnofficial


The QP Source Professional Point-in-Time Statutes database provides both search
and browse functions of Alberta statutes as they appeared on a specific date, from
1 January 2002 on.

29 Recall that consolidated versions of statutes as published in QP Source Professional, on the Queens
Printer website, and in the RSA 2000 (loose-leaf edition) are unofficial.
30 See e.g. Interpretation Act, supra note 8, ss34-36.

5-AB:24 The Comprehensive Guide to Legal Research, Writing & Analysis

Task AB.11

Conducting QP Source Professional


Point-in-Time Statute Searches
Locate the Traffic Safety Act as it appeared on 16 December 2009.

On QP Source Professional go to Point-in-Time Statutes. Enter unique terms


from the Acts title into the Search by Title or Chapter field. Alternatively,
use the alphabetical listing to browse by title.

Choose Traffic Safety Act from the list. Under Related Point in Time Documents,
select the appropriate date range (15October 2009 to 31December 2009). The
relevant date is displayed beneath the title of the Act. Select View Document
to link to the previous version of the Act.

Alternatively, on the QP Source Professional home page, enter unique terms


from the title of the Act into the Find by Title, Chapter or Regulation Number
field, or use the alphabetical listing to browse by title.

Choose Traffic Safety Act from the list. Select Point-In-Time Documents and
the appropriate date range from the list (15 October 2009 to 31 December
2009). Select View Document.

Researching Provincial Legislation: Alberta 5-AB:25

2. CanLII: OnlineUnofficial
Task AB.12

CanLII: Point-in-Time Search


Locate the Traffic Safety Act as it appeared on 16 December 2009.

On the CanLII website, locate the statute. From the results list, select Current
version: in force since to view the current consolidation. Examine the display
under the Versions tab; select the version in force for the relevant date
(15October 2009 to 31December 2009).

3. Print Sources: Prior Versions of StatutesUnofficial


Most large law libraries collect annotated, consolidated versions of statutes compiled annually by commercial publishers that can be used to find unofficial prior
versions of statutes.

4. Creating a Prior Version of a Statute


Manually Using Print Sources
Limitation periods make the necessity of creating a prior version of a statute a rare
occurrence. However, these skills will be required when conducting historical
research to find the intent of the Legislature at the time the statute was created.
This type of research is required when interpreting the meaning of the legislation,
such as determining the constitutional validity of legislation.
QP Source Professional and Quicklaw provide online point-in-time versions
of statutes from 1 January 2002 on. For relevant dates before this, create the prior
version of the statute manually. QP Source Professionals Annual Statutes database, started in 1996, may be used to manually create a prior version of a statute
if the substantive statute was enacted after 1995. For substantive statutes enacted

5-AB:26 The Comprehensive Guide to Legal Research, Writing & Analysis

before 1996, use the print SA, RSA, and the finding tools included to manually
create a prior version, as described below.

Task AB.13

Creating a Prior Version of a Statute


Locate the Business Corporations Act, RSA 2000, cB-9, s167 as it appeared on
15August 1989.

Locate section 167 as it appears in the print bound version of the RSA 2000.
Note the amending information:
SA 1981 cB-15 s161; SA 1988 c7 s3; SA 1995 c28 s64

If the amending citation begins with a reference to RSA 1980, the section of
the act existed in RSA 1980, and this revision starts from that point. If the first
citation provided is to SA, this revision is based on the statute section as
enacted. In this example, this revision of section 167 is based on the section
asenacted in SA 1981, section 161, with additional amendments from SA 1988
and SA 1995.

Choose the statute most likely to be enacted immediately before 15 August


1989 from the list of amending statutes. For this example, the amendments
from SA 1988 may have been in force on the relevant date. Check the CIF
information for the statute section SA 1988, c7, s3 to determine this. Record
the CIF date and the CIF authority for future reference:
SA 1988, c7, s3 came into force 21 July 1988 on proclamation

NB: If the CIF date is chronologically earlier than the relevant date, the
amendment is relevant. If the CIF date is later than the relevant date, the
amendment is not relevant.

In this example, the version of section 167, which was in force on 15 August
1989, is a consolidation of these statute sections: SA 1981, cB-15, s161;
SA1988, c7, s3.

Locate the statute section as enacted and provide a copy of the section. In this
example, copy SA 1981, cB-15, s161. Copy each statute section that amended
this section and provide a citation for each amending statute. Note the
proclamation or CIF information for each amending statute section. Finally,
provide a written consolidation of these amendments.

Researching Provincial Legislation: Alberta 5-AB:27

G. How to Backdate Alberta Statutes


To determine the intent of the drafter of the legislation, locate the originating
(parent) act.

Task AB.14

Backdating Statutes
1. Locating an Originating (Parent) Act: PrintOfficial
Q: Which statute originated the Expropriation Act, RSA 2000, cE-13?

Use print versions of the statutes because the information is not online.

Find the Act as it appears in the RSA 2000 (bound edition). Review section 1.
This consolidation is based on RSA 1980, cE-16.

Sometimes the consolidation will refer to a citation to the RSA 1980; however,
if the act was enacted or replaced between RSA 1980 and RSA 2000, a citation
to the act as enacted in the SA will be provided. Thus, the Expropriation Act as
consolidated in RSA 2000 was based on the statute as it appeared in RSA 1980,
cE-16.

Locate the statute that appears at RSA 1980, cE-16. Repeat these steps until a
citation to the SA is found. In this case:

Looked in

Referred to

RSA 1980, cE-16

SA 1974, c27

Review the statute, SA 1974, c27. Usually, a reference to a statute as enacted in


the SA indicates a new law has been created, or a previous act has been
amended or repealed. For Alberta, amending and repealing information is
located either in the first sections of the act or near the end.
Looked in

Referred to

SA 1974, c27

Repeals Expropriation Procedure Act,


RSA 1970, c130

To understand the intent of the Legislature in enacting a law, continue following


these steps back in time until the original statute that does not repeal an earlier
statute is located in the SA (or earlier publications).
A: The statute found at SA 1974, c27 originated the Expropriation Act.

5-AB:28 The Comprehensive Guide to Legal Research, Writing & Analysis

2. Locating an Originating Statute Section: PrintOfficial


Q: Which statute originated section 16 of the Marriage Act, RSA 2000, cM-5?

Find the statute as it appears in the RSA 2000 (bound edition). Locate the
amendment information line just below section 16 to locate a citation to the
revision or enactment upon which this revision was based: RSA 1980 cM-6 s15.

Locate the statute and review the amendment information line just below
section 15 to locate a citation upon which this revision was basede.g.
forsection 15 of this Act: RSA 1970 c226 s15.

Locate the statute and review the amendment information line just below
section 15 to locate a citation to the revision or enactment upon which this
revision was basede.g. for section 15 of this Act: SA 1969 c68 s3.

Locate the statute and review section 3; note that a section is being added by
this Act. Since it is being added, surmise that this is the originating enactment.
Locate the CIF information for section 3. SA 1969, c68, s3 came into force
21March 1969 on royal assent.

A: An Act to Amend the Marriage Act, SA 1969, c68, s3 is the originating section,
which came into force on 21March 1969 on royal assent.

H. Compiling a Legislative History


1. Key Components of a Legislative History
bill number and bill title
legislature and session number
introducing minister or member
dates of first reading, second reading, third reading; the corresponding
page numbers for each in Alberta Hansard
name of committee referred to; committee disposition, corresponding page
numbers in Alberta Hansard, and a citation to the committee report itself
date of royal assent or proclamation
date of CIF and by what authority, including, where relevant, the citation to
the Alberta Gazette issue in which the proclamation was published
a citation to the year and chapter in the annual SA where the act was
published
relevant copies of debates and committee reports
Obtaining this information will ensure that a thorough legislative history can
be compiled. However, if you are compiling a legislative history for a lawyer in the
course of employment, determine the specific elements required in the legislative

Researching Provincial Legislation: Alberta 5-AB:29

history before proceeding. Sometimes, a brief answer will suffice; at other times,
a full legislative history is required, including excerpts from speeches made in the
Legislature.

Task AB.15

Compiling a Legislative History


What is the status of Bill 12, Body Armour Control Act, 27th Legislature, 3rdSession
(2010)?
SAMPLE LEGISLATIVE HISTORY
Bill number: 12
Title of bill: Body Armour Control Act
Introducing member: Quest, Mr Dave, MLA
Parliamentary session: 27th Legislature, 3rd Session
Progress:
Date

Location in the
Debates

First reading

16 March 2010, aft

486-87

Second reading

17 March 2010, aft


23 March 2010, aft
13 April 2010, aft

518-19
624-28
743-49

Committee of theWhole

20 April 2010, eve

862-65

Third reading

20 April 2010, aft

885-87

Royal assent

22 April 2010, outside


ofHouse sitting

Stage

In force: 15 June 2012


By what authority: Alberta Gazette, Part I, vol 108, no 5 (15 March 2012) at 175
Enacted as: SA 2010, cB-4.8

This bill has been enacted and received royal assent on 22 April 2010. It was
proclaimed in force on 15 June 2012.

5-AB:30 The Comprehensive Guide to Legal Research, Writing & Analysis

2. Finding the Status of a Bill Currently or


Recently Before the Legislature
What is the status of Bill 6, Property Rights Advocate Act, recently in the
Legislature?

Bill status information from 1989 on is available on the Legislative Assembly of


Alberta website at <http://www.assembly.ab.ca>. Choose Bills and Amendments,
then Bills. Bill 6, Property Rights Advocate Act, is not in the list, so select the
previous legislative session number from the drop-down list. Choose the
correct bill from the list provided.

On the bills information page, a PDF version is provided. The chapter number,
its citation in the SA, the bills status table, and links to debates (select Search
in Hansard) are also provided.

The status table provides detailed information about this bills passage
through the Legislature. Search in Hansard. A search for the bill by number
(e.g. Bill 6) in the appropriate session will automatically be performed and
search results returned. Each search result in the list is a link to the debates.

A PDF version of Alberta Hansard is available under Search in Hansard on the


Legislative Assembly site. Alternatively, from the home page, select Assembly
Documents and Records in the right menu, then select Alberta Hansard. For
each PDF file, citation information including the issue number, the date, and
the legislature and session number is included on the title page. If available,
use the bookmarks provided in Adobe Reader to navigate. A Table of Contents
can be found at the end of the document in the PDF version.

Bill 6, the Property Rights Advocate Act, introduced by Diana McQueen, MLA,
passed third reading on 20 March 2012 and received royal assent on 21 March
2012. It will come into force on proclamation.

Researching Provincial Legislation: Alberta 5-AB:31

3. Finding the Status of a Bill Using the Legislative


Assembly of Alberta Website
Task AB.16

Obtaining Bill Status to Compile a Legislative History


Provide a legislative history for the Fair Trading Act, RSA 2000, cF-2.

Locate the enacted version of the statute in the print volumes of the annual SA
or, if the statute was enacted after 1995, in the online QP Source Professional
version. Note the date of royal assent, 30April 1998. Record the bill number.

On the Legislative Assembly of Alberta website, choose Bills and Amendments,


then Bill Status Reports. Choose the legislative session that includes the date
of royal assent (24th Legislature, 2nd Session (1998)), and open the PDF
document.

Locate the bill (Bill 20). The entry provides the bills sponsor and information
about the bills passage through the Legislature. For the text of debates,
choose Bills and Amendments, then Bills. From the drop-down menu, choose
the legislative session that includes the date of royal assent, in this case 24th
Legislature, 2nd Session (1998), select the specific bill, and select Search in
Hansard.

Alternatively, access the debates using the PDF version of Alberta Hansard from
the home page by selecting Assembly Documents and Records, then Alberta
Hansard. For each PDF file, citation information including issue number, date,
Legislature, and session number is included.

To access the bill, from the home page, choose Bills and Amendments,
then Bills. Select the Legislature and session from the drop-down list, and
find the bill in the list.

4. Finding the Status of a Bill: Print


Annual statutes from 1996 on are included in QP Source Professional, and statutes
from 2000 on are available in Quicklaw. Use print sources for historical research
before this time, or examine the scanned versions of the annual statutes available
on the Alberta Law Collection website at <http://www.ourfutureourpast.ca/law/>).
Note that this collection is for statutes up to 1990.

5-AB:32 The Comprehensive Guide to Legal Research, Writing & Analysis

Task AB.17

Using the Hansard Subject Index to Obtain Bill Status

Return to the Fair Trading Act, RSA 2000, cF-2. Find the enacted version of the
statute in the print volumes of the annual SA. Note the bill number, and the
Parliament and session number from the books title page.

Locate the print Alberta Hansard Index for the relevant Legislature and session.
Using the bill title, note debate page references along with the speakers name.

Locate the Bill Status Report Appendix at the end of the Index. Locate the bill
by number. The dates for the bills passage are included, along with Hansard
page number references to debates.

Alternatively, consult Canadian Current Law: Legislation,31 which provides the


status of items before Parliament and the legislatures for a particular session.

31 (Toronto: Carswell, 2011).

Researching Provincial Legislation: Alberta 5-AB:33

V. Working with Regulations


A. Locating Regulations as Filed
Regulations do not require legislative debate; however, they may be subject to
public consultation. Regulations, frequently written by government officials, are
subordinate legislation authorized by the Regulations Act.32 They are created either
in the execution of a power conferred by or under the authority of an act, or by or
under the authority of the Lieutenant Governor in Council.33 A regulation can be
updated or replaced with a new regulation or have an expiry date.
Regulations are filed with the Registrar of Regulations and are published in the
Alberta Gazette, Part II. Each issue includes a Table of Contents titled Regulations
under the Regulations Act. There is also a Cumulative Index that is released at the
end of a year, to be used in conjunction with the 31 December Index. Because
Alberta regulations have not been officially consolidated, reliance is placed on the
Cumulative Index as it includes all regulations currently in force, their amendments, and citations to them. According to statutory authority, a regulation may be
cited by its title, by Alta Reg (AR) followed by its number, or by both.34
Alberta Rules of Court 35 is a separate regulation deriving authority from the
Judicature Act.36 New rules came into force on 1 November 2010.
For research purposes, the name of the enabling act is used to locate regulations.

32 RSA 2000, cR-14.


33 Supra note 8, ss1(1)(c)(i)-(ii).
34 Alta Reg 288/99, s10, made pursuant to the Regulations Act. Note the different format provided in
the McGill Guide, supra note 27, to cite Alberta regulations at ch 2.6 and 2.6.2.1.
35 Alta Reg 124/2010.
36 RSA 2000, cJ-2.

5-AB:34 The Comprehensive Guide to Legal Research, Writing & Analysis

Task AB.18

Locating Regulations: Alberta Gazette, Part IIPrint: Official


Locate the Law of Property Regulation, pursuant to the Law of Property Act, Alta
Reg 89/2004.

In a library, locate the Alberta Gazette, Part II and find the Cumulative Index of
Regulations under the Regulations Act for the relevant year. This alphabetized
list is organized by statute name. Each annual volume is organized in
numerical order by regulation number.

In the 2004 volume, regulation 89/2004 is found on page 378.

If the regulation includes an expiry date, it is usually stated in the second-last


section before Coming into Force.

Note also that the PDF version of the Alberta Gazette is available online at
<http://www.qp.alberta.ca/Alberta_Gazette.cfm> from 1995 to the present.

Figure AB.2 Alberta Regulation: Filing Date

Researching Provincial Legislation: Alberta 5-AB:35

B. How Regulations Come into Force


A regulation printed in the Alberta Gazette, Part II provides the date filed. Unless
otherwise stated, the filing date is the in-force date.37 Examining the Law of Property Regulation, discussed previously, although the date filed was 12May 2004, the
regulation itself specifies a later CIF (see section 4 of this regulation).
Figure AB.3 Alberta Regulation: CIF

37 Regulations Act, RSA 2000, cR-14, s2(2). Unofficial print sources to track this information include
Canadian Current Law: Legislation, supra note 31, and various subject-specific loose-leaf publications.

5-AB:36 The Comprehensive Guide to Legal Research, Writing & Analysis

C. Official and Unofficial Amended, Consolidated,


and Revised Alberta Regulations
There is no official source of revised or consolidated regulations. However, current
unofficial consolidations of regulations are available online on the Queens Printer
website as well as through QP Source Professional. Other unofficial consolidations
include those on Westlaw, Quicklaw, and CanLII. As with statutes, if you are referring to a regulation as it appears on the Queens Printer website under Laws Online/
Catalogue or on QP Source Professional, assume that the regulation itself is in
force. While unofficial sources are appropriate for the initial stages of research,
official sources are required for court purposes.

D. Locating and Updating Revised and


Consolidated Alberta Regulations
There are several unofficial consolidations of regulations available online:
CanLII: Source nameStatutes and Regulations of Alberta
LexisNexis Quicklaw: Source nameAlberta Regulations
Westlaw Canada: Database nameAlberta Regulations
QP Source Professional: Database nameStatutes and Regulations

Task AB.19

Locating Current Consolidations of Regulations:


TitleorCitation of Enabling ActUnofficial: Online
Locate the Provincial Court Fees and Costs Regulation, AR 18/91, made pursuant to
the Provincial Court Act, RSA 2000, cP-31.

On the Queens Printer website, select Laws Online/Catalogue. Use the first
letter of the enabling act (in this case P) to locate the statute. The associated
regulations under the Provincial Court Act are provided, including the Provincial
Court Fees and Costs Regulation.

To locate AR 18/91 on the Queens Printer website, select Laws Online/Catalogue.


Find the regulation number in the Search by chapter/regulation number
drop-down list. Select search and view an unofficial consolidation of AR 18/91.

The website is updated frequently, but the date of the last update is not
displayed. Ensure the regulation has been updated, as described later in this
chapter.

Researching Provincial Legislation: Alberta 5-AB:37

E. Locating Regulations as Amended


Task AB.20

Locating Regulations as Amended


Determine whether the Driver Training and Driver Examination Regulation, AR 316/2002,
s1, made pursuant to the Traffic Safety Act, RSA 2000, cT-6, has been amended.

1. Amendment Information Line: Online Consolidation

Locate the regulation section using an online consolidation, as described above.


Review the section and locate the amendment information line at the end of the
section: AR 316/2002 s1; 105/2005; 68/2008; 169/2011.

Section 1 originated with AR 316/2002. It was later amended by the regulations


listed, most recently in 2011. The amending regulations can be located using the
step previously described. Note the CIF date for relevant amendments.

2. Index of Regulations: Online

Each years Cumulative Index in the Alberta Gazette, Part II contains regulations
that were in force at some point during that calendar year. Locate the current
version on the Queens Printer website or QP Source Professional.

Historical indexes from 1996 on are available on the website. For regulations prior
to this time, consult the printed edition index found in each annual volume of
the Alberta Gazette, Part II or on the Alberta Law Collection website until 1990.

The index is alphabetically organized by title of the enabling act; each regulation
is provided under the act name. Each amendment is listed by citation, but
theindex does not identify the section that was amended, or the CIF dates ofthe
regulation or its amendments. To determine the amended section, review the
amending regulation. To use the index, on the Alberta Gazette, PartII web page,
under the current year, select Index of Regulations and use the alphabetical list
to locate the enabling act (in this case, Traffic Safety Act).

Review the list of regulations made pursuant to the Traffic Safety Act; locate
Driver Training and Driver Examination and review the entry:
Driver Training and Driver Examination Alta Reg 316/2002
Amendments 105/2005, 101/2006, 68/2008, 169/2011, 31/2012

The Driver Training and Driver Examination Regulation, AR 316/2002, made


pursuant to the Traffic Safety Act, was amended by the regulations listed.

Note that one more amendment is listed in the Index of Regulations than was listed
in the information line provided above. Typically, this relates to the date the source
was searched, and the currency of the source used. Updating the regulation, as
described in the next section, will ensure that no amendment is omitted.

5-AB:38 The Comprehensive Guide to Legal Research, Writing & Analysis

F. Updating Alberta Regulations


The information provided earlier in this chapter under Updating Alberta Statutes
applies to regulations. If you are using QP Source Professional, go to the home page
and note the date of the last update of the regulations. If using the Queens Printer
website, locate the regulation, as described above, and note the current regulation
number found on the summary page. To update:
On the Alberta Gazette website, select the current year in the Alberta
Gazette, PartII column. Review the Tables of Contents to determine
whether any new issues have been published since the QP Source Professional currency date, or within a few weeks of the date on the Queens
Printer website. If no recent issues have been published, updating is
complete.
If new issues have been published since the currency date, review the
amending regulations to determine whether they amend the regulation
being updated. For court purposes, if the amendment is relevant, make a
copy and provide it along with a copy of the regulation, as filed, and copies
of all other amendments to the regulation. Together, these documents represent a current version of the regulation.

G. Locating Prior Versions of Regulations


Neither Quicklaw nor QP Source Professional provides prior versions of regulations (with the exception of the Alberta Rules of Court, Alta Reg 124/2010 from
QP Source Professional). In order to locate prior versions of regulations, you must
use CanLII, the Alberta Gazette, and official sources.

1. CanLII: OnlineUnofficial
Locate the Change of Name Regulation, AR 16/2000, made pursuant to the
Change of Name Act, as it appeared on 1 April 2008.

Unofficial prior consolidations are available on CanLII from 2003 on.

Search for the specific regulation using CanLII by filling in the name of the
regulation under full text or statute name/case name/citation/docket
number. Review the versions available and select the version that applies to
the relevant date.

Researching Provincial Legislation: Alberta 5-AB:39

2. Create a Prior Version of a Regulation Manually


Regulations can be found on the Alberta Gazette website (from 1995 on) or the
Alberta Law Collection website (prior to 1990). These can be used to create an
unofficial prior version. Online versions of the Alberta Gazette are not available
for regulations enacted between 1990 and 1995; use the print version instead.
Locate the Metallic and Industrial Minerals Exploration Regulation, AR213/1998,
s1, made pursuant to the Mines and Minerals Act as it appeared on 30December
2001.

Locate the regulation section in the current consolidation on the Queens Printer
website, as described above. Note the amendment information line after
section1 of the regulation: AR 213/98 s1; 206/2001; 251/2001.

This consolidation of the regulation is based on the regulation as filed in AR213/98.

When viewing a section of a regulation on Quicklaw (source: Alberta Regulations),


Westlaw (database: Alberta Regulations), or CanLII, amending information is
provided at the bottom of each section of a regulation that has been amended.
The Alberta Gazette, Part II annual Index of Regulations also provides amendment
information for regulations.

Choose the most recent amending regulations prior to the relevant date from the
list of amending regulations. Since the relevant date is 30 December 2001, these
amendments may be relevant: 206/2001; 251/2001. Check the CIF date to
determine whether the amendments were in force on the relevant date.38

If the CIF date is chronologically earlier than the relevant date, the amendment
isrelevant. If the CIF date is later than the relevant date, the amendment is not
relevant.

On 30 December 2001, regulations AR 213/1998 and AR 206/2001 (CIF: 14November


2001) comprised section 1 of the Metallic and Industrial Minerals Exploration
Regulation, AR 213/1998, made pursuant to the Mines and Minerals Act. Regulation
AR 251/2001 is not relevant because it came into force on 1January 2002.

Because section 1 was enacted by AR 213/1998, start by providing a copy of this


regulation as filed from the Alberta Gazette, Part II. For regulations that were
enacted before 1996, use the printed version of the Alberta Gazette found in law
libraries, or use the Alberta Law collection for statutes to 1990.

Copy each regulation section that amended section 1 and provide a full and proper
citation for each amending regulation. Note the date of registration for each
amending regulation and provide a written consolidation of these amendments.

38 When determining CIF information for historical regulations, review the governing interpretive
statute in force at that time to confirm that the CIF provision has not changed (regulations come
into force on the day they were filed, unless otherwise noted).

5-AB:40 The Comprehensive Guide to Legal Research, Writing & Analysis

3. Using Official Sources


While most legal issues require a current version of a regulation, there are situations
where one must examine a regulation as it appeared at an earlier point in time.
Locate the Jury Act Regulation, AR 68/83, s2, made pursuant to the Jury Act as
it appeared on 30 January 1990.

Find the regulation in the current consolidation on the Queens Printer website
under Laws Online/Catalogue. Note the amendment information line for
section 2: AR 68/83 s2; 243/89; 251/2001. This consolidation of section 2 is
based on AR 68/83, s2.

Decide which amending regulation might be the most recent filed prior to the
relevant date of 30January 1990. Regulation 243/89 may have been in force on
the relevant date.

Check the CIF information for regulation 243/89 as explained above. Note the
CIF date and the CIF authority for future reference.
AR 243/89 came into force on 19 October 1989, the date of filing, as evidenced
by Alberta Gazette, Part II, vol 85, no 21 (15November 1989) at 1127

The version of section 2 that was in force on 30January 1990 comprises the
following regulations: AR 68/83 and AR 243/89.

Locate the parent regulation AR 68/83 in the Alberta Gazette, Part II and
provide a copy of the section. Record its Order in Council or CIF information.
Copy each regulation section which amended section 2 along with its citation.
Locate the CIF information for each amending regulation section and provide
an official copy. Provide a written consolidation of these amendments.

Researching Provincial Legislation: Alberta 5-AB:41

H. Backdating Alberta Regulations


Locate the regulation that originated the Dangerous Goods Transportation
and Handling Regulation, AR 157/97, made pursuant to the Dangerous Goods
Transportation and Handling Act.

Locate the parent regulation, AR 157/97, in the print volumes of the Alberta
Gazette, Part II or on the Queens Printer website under Laws Online/Catalogue,
as described above.

Check the Table of Contents for Repeals of an existing regulation. If the


regulation does not repeal any regulations, it is the originating regulation. In
this example, two repeals are listed:
27(1) The Transportation of Dangerous Goods Control Regulation (AR 383/85) is
repealed; The Administration Regulation (AR 37/86) is repealed.

Locate the parent regulations, AR 383/85, and AR 37/86, in the printed version
of the Alberta Gazette.

For both regulations, note whether they repeal other regulations by looking at
the end of the regulation for repeals. If a regulation does not repeal an existing
regulation, it is the originating regulation. For each of the two regulations in
this example, there is no notice of repeals.

The originating regulations are the Transportation of Dangerous Goods Control


Regulation, AR 383/85, that was filed on 12 December 1985, came into force
1February 1986, and was published in the Alberta Gazette, Part II, vol 81, no 24
(31December 1985) at 2011, and the Administration Regulation, AR 37/86, that was
filed on 30 January 1986, came into force 1 February 1986, and was published in
the Alberta Gazette, Part II, vol 82, no 3 (15 February 1986) at 90.

Researching Provincial
Legislation: British Columbia
Laurie Brett, BA, MA, LLB, MLIS, former Acting Law Librarian and Legal Research
and Writing Course Lecturer, Faculty of Law, University of Windsor

BC

Contents
I.

Law-Making Process: How a Bill Becomes a British Columbia Statute . . . . . . 5-BC:3


A.
B.
C.
D.
E.

Legislative Assembly of British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating a Statute as Enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating CIF Dates by Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-BC:3
5-BC:3
5-BC:9
5-BC:11
5-BC:12

II. Official, Authoritative, and Unofficial Sources of Legislation . . . . . . . . . . . . . . . . 5-BC:15


III. Locating and Working with Amendments, Statute Revisions,
and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:16
A.
B.
C.
D.
E.

How British Columbia Acts Are Amended, Consolidated, and Revised . . . . . . . . . . . . .


Locating Revised and Consolidated British Columbia Statutes . . . . . . . . . . . . . . . . . . . .
Locating Amendments and Updating Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Backdating a Statute: PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-BC:16
5-BC:17
5-BC:20
5-BC:25
5-BC:28

IV. Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:31


A.
B.
C.
D.

Locating Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Regulations Come into Force (CIF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How British Columbia Regulations Are Amended and Consolidated . . . . . . . . . . . . . .
Updating British Columbia Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-BC:31
5-BC:35
5-BC:36
5-BC:39

5-BC:1

5-BC:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how a British Columbia provincial bill becomes a statute


Track a bill through the legislative process
Understand how British Columbia statutes and regulations come into force
Understand the term official as it applies to legislative materials
Find official print versions of British Columbia statutes and regulations,
and find unofficial and authoritative online versions

Understand how laws are enacted, amended, consolidated, and revised


Locate enacted and amended British Columbia legislation
Understand how to complete point-in-time research
Locate prior versions of British Columbia legislation
Research Tasks
BC.1
BC.2
BC.3
BC.4
BC.5
BC.6
BC.7
BC.8
BC.9
BC.10
BC.11
BC.12
BC.13
BC.14
BC.15
BC.16
BC.17
BC.18
BC.19
BC.20
BC.21
BC.22

Tracking the Progress of a Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:5


Locating Information to Compile a Legislative History . . . . . . . . . . . . . 5-BC:8
Preparing a Legislative History: Museum Act . . . . . . . . . . . . . . . . . . . . . . . 5-BC:9
Locating a Statute as Enacted: Print and Online . . . . . . . . . . . . . . . . . . . . 5-BC:10
Locating Regulations That Bring Statutes into Force:
Reference Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:12
Locating Regulations That Bring Statutes into Force:
Reference and Full Text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:14
Locating Revised Statutes: PrintOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:17
Locating Revised Statutes: OnlineBC Laws: Unofficial . . . . . . . . . . . . 5-BC:18
Locating Revised Statutes: OnlineCanLII: Unofficial . . . . . . . . . . . . . . 5-BC:19
Locating Revised Statutes Using Online Sources:
QP LegalEzeUnofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:20
Locating Amendments Using Quicklaw and Westlaw . . . . . . . . . . . . . . . 5-BC:23
Locating Amendments Online Using QP LegalEze . . . . . . . . . . . . . . . . . . 5-BC:24
Conducting Point-in-Time Research: Print . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:26
Conducting Point-in-Time Research: Online . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:27
Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:28
Using the Index of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:32
Locating Regulations Online: Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:34
Locating Regulations Online: Full TextUnofficial . . . . . . . . . . . . . . . . . 5-BC:35
Locating CIF Information for Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-BC:36
Locating Consolidated Regulations Using CanLII . . . . . . . . . . . . . . . . . . . 5-BC:37
Locating Consolidated Regulations Online: QP LegalEze . . . . . . . . . . . 5-BC:38
Point-in-Time Regulation Research Online: QP LegalEze . . . . . . . . . . . . 5-BC:40

Researching Provincial Legislation: British Columbia 5-BC:3

I. Law-Making Process: How a Bill Becomes


a British Columbia Statute
A. Legislative Assembly of British Columbia
The authority to create British Columbia provincial legislation is vested in the
Legislative Assembly of British Columbia, or Legislature. A prospective statute,
introduced to the Legislature as a bill, passes through the Legislature and becomes
an act.1 After receiving royal assent and coming into force, the new act takes effect
as legislation and is enforceable as British Columbia provincial law.
A new Legislative Assembly or Parliament is formed after each election. Members of the Legislative Assembly (MLAs) meet, or sit, during legislative sessions
that are identified by both a parliament and a session number. A parliament can
be divided into several sessions with separate sittings; e.g. the Legislative Assembly
of British Columbia considered many bills during the 4th Session of the 39th
Parliament.

B. Bill Passage Process


1. Tracking the Progress of a Bill
All British Columbia statutes begin as bills, which are classified as government,
members, or private bills.
Government bills are introduced by any Cabinet minister to enact or
amend laws addressing matters of government policy. They are numbered
from 1 to 200.
Members bills are introduced by any member of the Legislative Assembly
(MLA) to enact or amend laws that do not necessarily reflect the governments agenda but have broad application through the province. They are
numbered from M201 to M400.
Private bills are introduced by petition and are sponsored by any MLA to
enact laws that benefit private individuals, groups, or corporations. They
are numbered from Pr401 on.

1 The process to create regulations differs from that for statutes and will be described later in this
chapter.

5-BC:4 The Comprehensive Guide to Legal Research, Writing & Analysis

A bill must pass three readings in the Legislature before it becomes law. At first
reading, a bill is placed on the agenda, called Orders of the Day.2 The bill is read in
the Legislature for the first time without debate. Details of the proceedings are
recorded in the Journals of the Legislative Assembly of British Columbia. Journals
are produced after a session ends and are compiled from information contained in
the daily Votes and Proceedings. The official version of Votes and Proceedings is the
printed version, but issues dating back to 1992 are also available on the Legislative
Assembly website at <http://www.leg.bc.ca> under Documents and Proceedings.
To access the archived Journals of the Legislative Assembly containing searchable
PDFs from 1851 to 2009, choose Documents and Proceedings, then Archived
Journals.
Following first reading, copies of the bill are printed and distributed by the
Queens Printer. The official version of a first reading bill is the printed version,
but unofficial versions of bills dating back to 1992 are also available on the Legislative Assembly website under Legislation. First reading bills contain explanatory
notes that draw attention to key features; however, these notes do not appear in
subsequent versions of the bill.
The bill is placed on the order paper for second reading. At second reading, the
sponsoring MLA explains the purpose and main principles of the bill. Debate may
follow. Each days debates are recorded in the Debates of the Legislative Assembly
(Hansard). The official version of Hansard is the printed version, but HTML or PDF
copies dating back to 1970 are available on the Legislative Assembly website under
Documents and Proceedings. They are organized by session and parliament number,
and then by date. Explanations provided by the sponsoring MLA at any stage of the
law-making process may be helpful to researchers wishing to identify the intention
behind a law. To locate a speech or debate, the researcher must know the date of
the sitting at which a bill was discussed or must use an online index. Subject,
Members, and Business indexes are provided at the top of the Hansard page.
After it passes second reading, a bill is sent to committee for detailed study. If
amendments are proposed, the bill will be reprinted before third reading. Reports
of committee proceedings may be useful to researchers wishing to learn more
about amendments and the evolution of a bill.3
Third reading of a bill is brief and usually without debate, and is followed by a
vote. If a majority of MLAs vote in favour of a bill, it is enacted as an act of the

2 The official version of the order paper is the printed version, but it is also available on the Legislative
Assemblys website at <http://www.leg.bc.ca> dating back to 1992. From the menu, choose Documents and Proceedings, then Orders of the Day. Choose the relevant session to view a list of
orders by date.
3 Reports of Select Standing Committees and Special Committees dating back to 1992 are available
on the Legislative Assembly website at <http://www.leg.bc.ca> under Parliamentary Committees.

Researching Provincial Legislation: British Columbia 5-BC:5

Legislature, or a statute. The official version of a third reading bill is the printed
version, but unofficial versions of bills dating back to 1992 are also available on
the Legislative Assembly website.
The steps that follow explain how to track the progress of a bill as it becomes
law. The information obtained can be compiled in a legislative history, as described in the following section.

Task BC.1

Tracking the Progress of a Bill


Track the history of the Museum Act, enacted as a statute in 2003, during the bill
passage process.

Tracking a Bill from 1992 On (Online)

Go to the Legislative Assembly website at <http://www.leg.bc.ca>. From the


menu, choose Legislation, then Bills.

Locate the relevant session (current or previousin this case, 4th Session, 37th
Parliament (2003)), and choose Progress of Bills Table under the session.
Progress of Bills tables are also provided for other sessions, dating back to 1992.

Bills are listed in order of bill number and separately indexed as government,
members, and private bills, along with the sponsoring MLA.

Links are provided to first and third reading bills, as well as second reading bills
if amended. Dates of readings, reports, and royal assent are included, along
with the SBC chapter number assigned once the bill receives royal assent.

5-BC:6 The Comprehensive Guide to Legal Research, Writing & Analysis

Explanations provided by sponsoring or supporting MLAs help to discern the


laws purpose. Each days debates are recorded in Hansard, organized by
session and parliament number, and then by date. The official version of
Hansard is the print version; however, unofficial HTML or PDF copies dating
back to 1970 are available on the Legislative Assembly website under
Documents and Proceedings.

To locate discussion or debate held during the bill passage process, locate the
date of the sitting at which a bill was discussed or use an online index. Subject,
Members, and Business indexes are provided on the Legislative Assembly
website for each session.

Hansard transcripts and indexes can also be searched electronically from


theHansard website at <http://www.leg.bc.ca/hansard/search>.

Tracking a Bill Before 1992 (Print)


To track the progress of a bill that pre-dates 1992, consult print resources such as
Canadian Current Law: Legislation, published by Carswell, which provides the
dates of a bills passage.

Researching Provincial Legislation: British Columbia 5-BC:7

2. Compiling a Legislative History 4


Key components of a legislative history include:
bill number and bill title
legislature and session number
sponsor (minister or other MLA introducing the bill)
dates of first reading, second reading, and third reading, and the corresponding page number for each in the Debates (if available)
name of the committee to which the bill was referred, how it disposed of
the bill, the citation to the committee report, and the corresponding page
numbers in the Debates (if available)
date of royal assent
date of coming into force and by what authority, including, where relevant,
the citation to the regulation or proclamation in the British Columbia
Gazette, Part II
citation of the act in the Statutes of British Columbia
copies of the Debates and committee reports if relevant

4 Information in this section explains bill location information from 1992 to the present. Locating
historical bill passage information that pre-dates 1992 is discussed later in this chapter in
sectionIII.E.

5-BC:8 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.2

Locating Information to Compile a Legislative History


To prepare a legislative history:

For bills enacted from 1992 on, go to the Legislative Assembly website at
<http://www.leg.bc.ca>. From the menu, choose Documents and Proceedings
and then Previous Parliaments.

Choose the link to the 4th Session, 37th Parliament (2003), choose Bills, and
finally choose List of Bills with Hansard Debates.

This table provides most of the necessary information to complete a legislative


history. Links provide the text of the debates, including page numbers.

After receiving royal assent, a statute is assigned a chapter number and is


prepared for publication. Shortly afterward, an unofficial version of the statute
appears online through the BC Laws website, which provides free access to
current consolidations of BC laws and regulations at <http://www.bclaws.ca>.
Official print versions of statutes are published in bound volumes as part of the
annual Statutes of British Columbia (SBC).

Once passed, a bill is cited by its year of enactment and chapter number. For
example, the Museum Act, introduced as Bill 2 in 2003, was subsequently
assigned to chapter 12 in the SBC 2003 and can be cited as Museum Act, SBC
2003, c 12. The statute citation can be used to find the statute in print or
online.

Locating statutes as enacted and regulations that enact statutes is discussed


later in this chapter.

Researching Provincial Legislation: British Columbia 5-BC:9

Task BC.3

Preparing a Legislative History: Museum Act


SAMPLE LEGISLATIVE HISTORY
Bill number: 2-2003
Title of bill: Museum Act
Introducing member: Abbott, Hon George, Minister of Community, Aboriginal
and Womens Services
Legislative session: 2003 Legislative Session: 4th Session, 37th Parliament
Progress:
Stage

Date

Location in the
Debates

First reading

17 February 2003

4809

Second reading

24 March 2003

5566

Debates on second reading:


Committee of the Whole

25 March 2003

5599

Third reading

25 March 2003

5600

Royal assent

25 March 2003

Enacted as: SBC 2003, c 12


In force: 1 April 2003
By what authority: Section 37This Act comes into force by regulation of the
Lieutenant Governor in Council; Regulation BC Reg 151/2003, British Columbia
Gazette, Part II, vol 46, 217

C. Locating a Statute as Enacted


To locate a statute as enacted, consult the annual Statutes of British Columbia and
not the Revised Statutes of British Columbia (RSBC). The SBC are published annually in print volumes and contain the statutes enacted during the specified year.
A given year may have several volumes. The RSBC are published periodically and
contain revisions made to statutes after enactment, including amendments.

5-BC:10 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.4

Locating a Statute as Enacted: Print and Online


Locate the Museum Act, SBC 2003, c 12.

Print: Official

Statutes are organized by chapter number, not by name. Although the citation
is useful for locating the statute, tables published at the front of each volume
also allow access by bill number and alphabetical order.

Locate chapter 12 in the 2003 SBC volume to find the Museum Act in volume 1
of 3. Note the coming into force (effective date) information at section 37 of
the Museum Act, which states: This Act comes into force by regulation of the
Lieutenant Governor in Council. Locating the relevant regulation to determine
the effective date of the statute is discussed later in this chapter.

Online: Unofficial

Statutes as enacted are not available for access as a separate dedicated link on
the online platforms of BC Laws, CanLII, Westlaw, or QP LegalEze, the BC
Queens Printer subscription-based online legal research system. These platforms
provide links to consolidated statutes but not to annual statutes as enacted.

Quicklaw provides access to the annual Statutes of British Columbia. On Quicklaw,


choose Source Directory, then Browse Sources. Choose Publication Type,
Legislation. Choose the link for the British Columbia Annual Statutes, which are
organized by year. Browse the full text of annual statutes as published in the
annual Statutes of British Columbia from 1997 to the present. Choose the year
2003 and locate the Museum Act, SBC 2003, c12. This is an unofficial source.

In the alternative, access a statute as enacted online by locating the third


reading of the bill related to the statute, which has the same substantive
content as the enacted version of the statute. Third reading bills accessed
online are unofficial.

In the alternative, go to the QP LegalEze website at <http://www.qplegaleze.ca>


and locate the Bills link on the left column. Choose the plus sign, then the
Previous Sessions folder, which contains bills from the 1996 Legislative
1stSession, 36th Parliament up to the present session.

Because the Museum Act was enacted in 2003, choose the link to the year 2003,
and choose either Bills Table or Third Reading Bills. Both links will lead to the
third reading bill.

If using the Bills Table link, choose Bills 1-20. Browse the table to locate Bill 2,
the Museum Act; choose the link to the third reading bill, March 25. This table
provides links to bills as well as to Hansard.

Researching Provincial Legislation: British Columbia 5-BC:11

If using the Third Reading Bills link, choose Chapter 12: Bill 2, Museum Act;
then choose the link to Third Reading.

Note the coming into force (effective date) information at section 37 of the
third reading bill, which states: This Act comes into force by regulation of
theLieutenant Governor in Council. The final step is locating the relevant
regulation to determine if the enacted statute is in effect.

D. How Statutes Come into Force


Before a statute takes effect as law, it must come into force (CIF). In most cases, a
British Columbia statute will establish its date of commencement or make provisions for how a statute will be brought into force in a commencement section located
at the end of the statute. An act can come into force in its entirety, or sections can
come into force on various dates through staggered implementation.
Section 3 of the Interpretation Act 5 provides that if the commencement date is
not provided in a statute, i.e. the statute is silent about commencement, it comes
into force on royal assent. The date of royal assent appears at the top of the first
page of a statute.
If a statute does not come into force upon royal assent, the prevailing practice
in British Columbia is to bring it into force by regulation. Statutes that come into
force by regulation will generally become effective on the day specified in the regulation or on the day the regulation is deposited with the Registrar of Regulations,
whichever is later.6
Examine the commencement section to ensure that the correct authority for
CIF is located for each section specificallyeither by royal assent, regulation, or
specified date.
CIF by royal assent: If the commencement section of a British Columbia
statute expressly states that the act will come into force upon royal assent, or if the
act is silent regarding the commencement date, the act will come into force upon
the date of royal assent for that act. The date of royal assent will appear at the beginning of the act, whether the act is viewed in print or online. For example, the
Apology Act, SBC 2006, c 19, s 3 states: This Act comes into force on the date of
Royal Assent. Assented to May 18, 2006 appears at the top of the first page of
this act. Therefore, the CIF date for the Apology Act is the date of royal assent,
which is 18 May 2006.

5 RSBC 1996, c 238, s 3.


6 Regulations Act, RSBC 1996, c 402, s 4.

5-BC:12 The Comprehensive Guide to Legal Research, Writing & Analysis

CIF by regulation:7 If the commencement section of a statute states that it


comes into force by regulation of the Lieutenant Governor in Council, locate the
relevant regulation to determine the effective date. For example, the Museum Act,
SBC 2003, c 12 indicates that it was assented to on March 25, 2003, which is the
date of royal assent. However, section 37 of the Act, the commencement section,
states: This Act comes into force by regulation of the Lieutenant Governor in
Council. Therefore, to determine the CIF date of this act, locate the relevant regulation that authorizes the Museum Act CIF date.
Regulations that bring statutes into force are generally short, serve that one
function only, and are then considered spent. Regulations that bring statutes into
force may occasionally be referred to as proclamations.8 Several sources are available both in print and online to locate a regulation that brings a statute into force,9
including Provisions in Force and BC Regulations Bulletins. However, not all of
these sources provide access to the full text of the regulation. Task BC.5 describes
sources that provide access to the reference to a regulation, but not the full text of
the regulation. Task BC.6 describes sources that provide access to both the reference and the full text.

E. Locating CIF Dates by Regulation


1. Determining Provisions in Force
Task BC.5

Locating Regulations That Bring Statutes into Force:


Reference Only
Use the Provisions in Force table to locate the regulation that brings the Museum
Act, SBC 2003, c12 into force.

Go to the Legislative Assembly website at <http://www.leg.bc.ca>. Choose


Legislation, then Provisions in Force. Locate 2003 Session. A currency date is
provided next to the link.

7 Regulations made pursuant to statutes, which function by detailing the statutes implementation
and operation, are discussed later in this chapter.
8 See the Regulations Act, supra note 6, which provides that if an act comes into force by proclamation, then it may be brought into force by regulation.
9 The BC Courthouse Libraries website at <http://www.courthouselibrary.ca> provides a link to proclamations. This link provides an unofficial list of the regulations from 2009 to the present that bring
British Columbia acts into force. Regulations are referenced as proclamations on this website.
Search by statute name, listed in reverse chronological order. The currency date is provided on the

Researching Provincial Legislation: British Columbia 5-BC:13

Choose 2003 Session, then the letter M, and find the Museum Act. The table
identifies the type of statute (e.g. new act, amendment, repeal), the relevant
sections, and the process by which the act or sections take effect. If a statute
comes into force by regulation and the regulation has been made, the effective
date will be identified and the number and year of the regulation will appear
in brackets.

The Museum Act, SBC 2003, c 12 came into force on 1 April 2003 by the authority
of regulation BC Reg 151/2003.

In the alternative, go to the QP LegalEze website and choose the Consolidated


Provisions In Force link on the left side. Choose the letter M and browse the
table to locate the Museum Act CIF information. The CIF date is 1 April 2003 by
the authority of BC Reg 151/2003. The currency date is noted at the top of the
Provisions In Force table (Last revised on [date]).

Another alternative is to locate the regulation by accessing the BC Regulations


Bulletins, which provide summaries of regulations deposited with the Registrar
of Regulations, available on the Legislative Assembly website at <http://www
.leg.bc.ca>.

Choose Legislation, then choose the link to the BC Regulations Bulletins. Bulletins
are organized by year from 1998 to the present. Choose List of 2003 Bulletins,
then Cumulative Regulations Bulletin, December 31, 2003.

first page. Once a statute is selected, information is provided regarding the regulation number.
Alink to the bill at third reading is provided; however, a link to the text of the regulation is not
provided. See <http://www.courthouselibrary.ca/training/BCProclamations.aspx>.

5-BC:14 The Comprehensive Guide to Legal Research, Writing & Analysis

Locate the Museum Act listed alphabetically in the table. The information
provided for the Museum Act is the order in council number (OIC number)
361/2003 and the CIF date, which is 1 April 2003 by the authority of Regulation
151/2003 and with a regulation deposit date of 31 March 2003. Links to the full
text of the order in council and regulation are not provided.

While the previous discussion explained how to locate the reference to the
regulation that brought a statute into force, it might be necessary to access the full
text to provide a copy of the actual document that proves a statutes effective date.

Task BC.6

Locating Regulations That Bring Statutes into Force:


Reference and Full Text
Official
Locate the regulation that brings the Museum Act, SBC 2003, c 12 into force using
the British Columbia Gazette, Part II.

To locate the official version of the enacting regulation, in a library, find the 2003
volume of the Gazette, Part II. Use the Index to Published Regulations, 2003,
Volume 46, No. 17-26 & Index, to locate Regulation 151/2003 at page xvii of the
index. The Index also includes the following information: the OIC number is
361/2003, the in-force date is 1 April 2003, and Regulation 151/2003 is located at
page 217.

Unofficial
Locate the regulation that authorizes the Museum Act, SBC 2003, c12 to come into
force by using the BC Regulations Bulletins on QP LegalEze.

Locate the regulation by accessing BC Regulations Bulletins at


<http://www.qplegaleze.ca>.

Choose the BC Regulations Bulletins link from the left menu. The bulletins are
organized by year, from 1999 to the present. Choose 2003 BC Regulations
Bulletins, then choose Cumulative B.C. Regulations Bulletin, December 31, 2003.

Statutes are organized alphabetically in a table. Choose the Museum Act, SBC 2003,
c 12, which provides the following information: the OIC number is 361/2003, the
in-force date is 1 April 2003, the regulation number is 151/2003, and the
regulation deposit date is 31 March 2003. Links to the OIC and the regulation are
provided.

Researching Provincial Legislation: British Columbia 5-BC:15

Choose the link to Regulation Number 151/2003 to view the full text of this
regulation as published in the British Columbia Gazette, Part II.

II.Official, Authoritative, and Unofficial


Sources of Legislation
Certain government publications that disseminate statutes and regulations are
considered official sources of law. In British Columbia, the official versions of
statutes and regulations are the print versions published by the British Columbia
Queens Printer under the authority of the Queens Printer Act 10 and the Regulations Act.11
When providing evidence of the law in court, only official versions of the law
published by the Queens Printer are acceptable, including the British Columbia Gaz
ette, the Statutes of British Columbia, and the Revised Statutes of British Columbia.12
Other sources of law may be authoritative but unofficial. The Queens Printer for
British Columbia, for example, collaborates with the Legislative Assembly and the
Ministry of the Attorney General to publish BC Laws at <http://www.bclaws.ca>
as a useful but unofficial online consolidation of BC statutes and regulations. The
website for the Legislative Assembly of British Columbia at <http://www.leg.bc.ca>
10 RSBC 1996, c 394.
11 Supra note 6.
12 The Evidence Act, RSBC 1996, c 124 explains how government documents can be used for evidentiary purposes.

5-BC:16 The Comprehensive Guide to Legal Research, Writing & Analysis

also provides a number of useful but unofficial online resources, including bills,
Orders of the Day, Votes and Proceedings, and Debates of the Legislative Assembly
(Hansard). The BC Courthouse Library website also provides a selection of unofficial legislative research resources.13
While some Canadian jurisdictions have given official status to government
web-based sources of law, web-based and commercial sources are not official
sources of law according to British Columbia statutory authority and cannot be
relied on for evidentiary purposes.

III. Locating and Working with Amendments,


Statute Revisions, and Consolidations
A. How British Columbia Acts Are Amended,
Consolidated, and Revised
Provincial statutes are occasionally consolidated into sets of revised statutes to
incorporate amendments, remove repealed laws, and renumber chapters. There
have been 11 such revisions in British Columbia, resulting in Revised Statutes of
British Columbia (RSBC) for 1871, 1877, 1888, 1897, 1911, 1924, 1936, 1948, 1960,
1979, and 1996.
The most recent print revision is the RSBC 1996, which is a revision and consolidation of British Columbia public acts and certain other acts, made pursuant
to the authority of the Statute Revision Act.14 The RSBC 1996 states the law as of
31 December 1996. Acts and amendments that were enacted but not in force on
31 December 1996 were consolidated as supplements, which are located in the
RSBC 1996 volume set. A list at the beginning of volume 1 of the RSBC 1996 indicates the acts that have not been revised because they are considered to be spent
or obsolete or of a local or private nature.15 The RSBC print volumes are considered official. Online versions of the RSBC are currently not considered official.
Revised statutes are brought into force in their entirety. All sections of revised
statutes remain in force until repealed.

13 See the BC Courthouse Libraries website at <http://www.courthouselibrary.ca> for a selection of


unofficial online legislative research resources, including the online Reading Room for BC lawyers
and articling students, and links to other databases.
14 RSBC 1996, c 440, s 1.
15 RSBC 1996 (print vol 1) at xii.

Researching Provincial Legislation: British Columbia 5-BC:17

B. Locating Revised and Consolidated


British Columbia Statutes
When locating the Revised Statutes of British Columbia, recall that the revised
statutes presented in the print version of the RSBC 1996 reflect a statement of the
law as of 31 December 1996. The print version does not include any amendments
to the revised statutes made since 1996.
However, when searching for revised statutes online, the revised statutes are
most often presented as statutes in their current consolidated form. This means
that the original text of a revised statute as it appears in the print form of the RSBC
1996 may have been altered by incorporating amendments made to the revised
statutes between 31 December 1996 and the present. Additionally, statutes enacted
since the last revision are incorporated into the consolidated online version, along
with their subsequent amendments. Generally, a currency date is provided at the
top of the first page of each statute, indicating that amendments have been included in the online statute version up to the currency date noted on the day of
access. An unofficial print loose-leaf Consolidated Statutes of British Columbia is
also available in most law libraries.
When examining revised and consolidated statutes online, both revised statutes
and new annual statutes enacted since 1997 may be presented with incorporated
amendments, if any, up to the currency date provided for the statute online.
Therefore, the term consolidated, when referring to an online version, includes
both revised and annual statutes as amended.

Task BC.7

Locating Revised Statutes: PrintOfficial


Locate the Sale of Goods Act, RSBC 1996, c 410.

In a library, use the library catalogue to locate the call number for the Revised
Statutes of British Columbia (RSBC). Select the RSBC 1996.

The RSBC 1996 are published in multiple volumes. Statutes are organized by
chapter number and can be located alphabetically as well. During the revision
process, statutes are reorganized alphabetically and renumbered.

Consult the Table of Contents in volume 1 of the RSBC 1996 to locate the
volume in which the relevant statute is located. The Sale of Goods Act, RSBC
1996, c 410 is located in volume 12 at chapter 410.

5-BC:18 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.8

Locating Revised Statutes: OnlineBC Laws: Unofficial


Locate the Sale of Goods Act, RSBC 1996, c 410.

Go to the BC Laws website at <http://www.bclaws.ca>. To view the full text of


consolidated versions of statutes, choose View Statutes and Regulations.
Browse using the alphabetical list found at the top of the page, or search by
typing words into the Search box. Choose the letter S and locate the link to the
Sale of Goods Act, RSBC 1996, c410. Choose the title to view the full text of the
statute.

Record the currency date that is provided before the beginning of the statute.
The consolidated version of the Act reflects amendments made to the Act up
to the currency date provided online.

Researching Provincial Legislation: British Columbia 5-BC:19

Task BC.9

Locating Revised Statutes: OnlineCanLII: Unofficial


Locate the Sale of Goods Act, RSBC 1996, c 410.

Go to CanLII at <http://www.canlii.org/en>.

Choose British Columbia from the left menu.

Under Legislation, choose Statutes and Regulations.

Under Consolidated Statutes of British Columbia, choose the letter S.

Choose the Sale of Goods Act from the list of statutes. Review the information
presented before the statute full text begins; the in-force date is provided as
21April 1997.

Note the currency date provided at the Currency subtitle for this statute; it
notes: Last updated from the BC Laws site on [date].

5-BC:20 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.10

Locating Revised Statutes Using Online Sources:


QP LegalEzeUnofficial
Locate the Sale of Goods Act, RSBC 1996, c 410.

Go to QP LegalEze at <http://www.qplegaleze.ca> to access Revised Statutes


of British Columbia.

Choose the Statutes and Regulations link on the left side; choose the letter S.

Choose the Sale of Goods Act, RSBC 1996, c 410 to view the full text of the Act.

Note the currency date provided in the shaded text box above the title of the Act.

Additionally, note that QP LegalEze provides a link to a Table of Private, Local,


Special, and Unconsolidated Public Acts from 1872 to 31 December 2011.

C. Locating Amendments and Updating Statutes


From time to time, statutes are amended. To ensure that the most current law is
located, update a statute by searching for amendments.
Amendments to statutes are created by enacting a new amending statute which
expressly amends one or more existing statute sections. The process used to create
the amending statute is identical to the bill passage process described earlier in
this chapter. An amending statute begins as a bill in the Legislative Assembly,
passes through three readings, and, if passed, is given royal assent by the Lieutenant Governor, assigned a chapter number, and printed in the SBC volume for that

Researching Provincial Legislation: British Columbia 5-BC:21

year. The amending statute has its own legal citation, separate and distinct from
the statute it amends.
The amending statute title may contain the same words as the statute it amends;
e.g. the Motor Vehicle Amendment Act, 2009, SBC 2009, c23 amends the Motor
Vehicle Act, RSBC 1996, c318. However, the amendments may be encompassed
within an omnibus amending statute which amends several different statutes. For
example, the Finance Statutes Amendment Act, 2009, SBC 2009, c 15 amends
several different statutes, including the Business Corporations Act, SBC 2002, c57
and the Mortgage Brokers Act, RSBC 1996, c313. In this instance, the amending
title does not contain the same words as the original statute title. Determine the
CIF, or effective date, of the amending statute by using the same process described
earlier in this chapter. An amending statute may come into force in various ways,
e.g. on the date of royal assent, on a specified date, or by regulation.
Historically, amendment information lines were provided after individual sections of an act. However, in the RSBC 1996, amendment information lines located
after individual sections in an act, also referred to as Historical Notes, were converted to Historical Tables. The Historical Table for a revised RSBC 1996 act is
located after each revised act in the print RSBC 1996 volumes. Historical Tables
may also be accessed through online sources.

1. Locating Amendments: Print


To locate amendments to statutes, use the Table of Legislative Changes or the
Historical Tables, depending on the date of the statute.
For amendments enacted since 1 January 2005, use the Table of Legislative
Changes (2nd Edition), which is found in the blue pages at the back of the
most recent annual print volume of the Statutes of British Columbia. Locate
the relevant statute. Note the currency date on the first page of this table.
Changes not in force as of the currency date of the table appear in italics,
alerting the researcher that additional research may be required. Changes
in force appear in roman type (i.e. not italicized), and the effective date is
provided.
For amendments enacted between 1997 and 2004, use the Table of Legislative Changes (1st Edition), which is found in the grey pages at the back of
the print form of the 2004 Statutes of British Columbia, volume 2.
For amendments enacted between 1979 and 1996, use the Historical
Tables, located after each revised statute in the RSBC 1996 volume set.
Citations to the amending statutes appear beneath each statute listed in the
Table of Legislative Changes. If more than one amendment has been made
to a section, they will be listed in chronological order from the oldest to the

5-BC:22 The Comprehensive Guide to Legal Research, Writing & Analysis

most recent. Note that amending citations are identified by year-chaptersection; e.g. 2004-38-14 refers to SBC 2004, chapter 38, section 14.
Figure BC.1 Table of Legislative Changes: 2011 SBC Blue Pages

The Table of Legislative Changes (2nd Edition) published in the most recent annual print SBC volume may not necessarily reflect the latest amendments to a statute.
Note the currency date of the information provided on the first page of the blue pages
of the Table of Legislative Changes (2nd Edition table). Additional research is required to determine whether amendments have been created between that currency
date and the present. To update, use the latest version of Votes and Proceedings
available on the Legislative Assembly website at <http://www.leg.bc.ca> under
Documents and Proceedings for each session of Parliament that has transpired
since the last Table of Legislative Changes was published. In the relevant session
of Parliament, choose Progress of Bills and review the table for any bills that
could affect the statute. Consult the text of third reading bills that have received
royal assent to determine how and when they come into force.

Researching Provincial Legislation: British Columbia 5-BC:23

2. Locating Amendments: Online


It is not possible to identify specific amendments to consolidated statutes online in
BC Laws or CanLII, as amendments have been incorporated into the original text
without providing amendment information. Commercial online sources may fill
this gap by including amendment information after each section as noted below.

Task BC.11

Locating Amendments Using Quicklaw and Westlaw


Has section 2 of the Adult Guardianship Act, RSBC 1996, c6 been amended?

On Quicklaw, under the Legislation tab, browse the consolidated version of


British Columbia Statutes; choose the relevant section and statute.

Note the Editors Table feature, which provides the amending statute reference,
its in-force date, and the process that brought the amendment into force. This
information, although unofficial, indicates the official sourcesstatute and
regulationthat brought the amendment into force.

Alternatively, on Westlaw Canada, under the legislation tab, locate consolidated


British Columbia Statutes and find the relevant statute and section number.
Note the amendment information line at the bottom of the section, which
references the amending statute.

5-BC:24 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.12

Locating Amendments Online Using QP LegalEze


Determine whether the Museum Act, SBC 2003, c 12 has been amended.

Go to QP LegalEze at <http://www.qplegaleze.ca>; choose the Tables of


Legislative Change link on the left menu.

Because the Museum Act, SBC 2003, c 12 was enacted in 2003, review both
options presented in the drop-down menu: the Table of Legislative Changes
(1stEdition) for information covering the period 1997-2004 and the Table of
Legislative Changes (2nd Edition) for information covering the period
1January 2005 to the present. Note the online currency date.

Locate the Museum Act, SBC 2003, c 12 in both tables. Amendments not in
force as of the currency date of the table appear in italics. Amendments in
force appear in roman type and the effective date is provided.
Table of Legislative Changes (1st Edition)
Museum Act
[SBC 2003] c 12
Changes in Force
Section

Change

Citation

Effective date

1 to 16

en

2003-12-1 to 16

1 April 2003 (BC Reg 151/03)

17

en

2003-12-17

1 April 2003 (BC Reg 151/03)

am

2003-71-54

29 March 2004 (BC Reg 64/04)

18 to 20

en

2003-12-18 to 20

1 April 2003 (BC Reg 151/03)

21

en

2003-12-21

1 April 2003 (BC Reg 151/03)

am

2003-71-55

29 March 2004 (BC Reg 64/04)

22 to 26

en

2003-12-22 to 26

1 April 2003 (BC Reg 151/03)

27 to 32

en

2003-12-27 to 32 [conseq]

1 April 2003 (BC Reg 151/03)

33

en

2003-12-33 [conseq]

1 April 2003 (BC Reg 151/03)

<2003-12-33 [conseq] am
by 2003-37-32 eff 29 May
2003 (RA)> inoperative
[s33spent]
34 to 36

en

2003-12-34 to 36 [conseq]

1 April 2003 (BC Reg 151/03)

Researching Provincial Legislation: British Columbia 5-BC:25


Table of Legislative Changes (2nd Edition)
Museum Act
[SBC 2003] c 12
Changes Not in Force
Section

Change

23

am

Citation

Into force

2009-13-195, Sch 1

by reg

3. Updating British Columbia Statutes


To update a statute as close to its present form as possible, it is easiest to use online
resources, which are updated regularly with currency dates provided for statutes.
QP LegalEze provides a link to a List of Updated Statutes and Regulations, as
well as a separate link to a List of Updated Private, Special and Local Statutes.
These two links provide a list of the statutes that have been updated since the last
official, loose-leaf print consolidation. The currency date is provided at the top of
the page. Amended statutes are listed in alphabetical order, and changes are shown
in green underlined type.
QP LegalEze also provides archived statute consolidations both pre-1996 and
post-1996, with content from the RSBC 1996 to the most recent consolidation.
The table of contents on QP LegalEze provides the currency date for consolidation
content provided in the archived statute consolidations post-1996. QP LegalEze
also provides a link to a table of public statutes that have been repealed, replaced,
and renamed since the RS 1897.
To conduct research past the currency date provided online, go to the cumulative list of bills found on the Legislative Assembly website at <http://www.leg
.bc.ca>. Choose Legislation, Bills, and then Progress of Bills, and review the
table for the relevant statute.

D. Locating Prior Versions of Statutes


Not all legal issues require analysis of the current consolidated version of an act.
Point-in-time (PIT) research (also called period-in-time research) will determine
the version of a statute in force on the occurrence of a specific event. Generally,
the law that governs the matter is the version of the law that was in force on the
date that the event occurred. However, there are exceptions; therefore, review the
relevant statute along with relevant interpretive statutes.

5-BC:26 The Comprehensive Guide to Legal Research, Writing & Analysis

1. Conduct Point-in-Time Research: Print


Use the Table of Legislative Changes to locate a list of statute amendments.
For amendments enacted between 1997 and 2004, use the Table of Legislative Changes (1st Edition) found in the grey pages at the back of volume 2
of the print form of the 2004 Statutes of British Columbia.
For amendments enacted since 2005, use the Table of Legislative Changes
(2nd Edition) found in the blue pages in the most recent print annual
volume of the Statutes of British Columbia. Note the currency date.

Task BC.13

Conducting Point-in-Time Research: Print


Re-create the Adoption Act, RSBC 1996, c 5, s 7 as it appeared on 30 November 2008.

Locate the Table of Legislative Changes in the most recent print annual SBC
volume.

Locate the Adoption Act in the alphabetical list. Note the amendment citations.
Changes Not in Force

s7

am

2011-25-263

by reg

Changes in Force

s7

2004-60-34

CIF 16 January 2006 (BC Reg 350/05)

am

2007-36-2

CIF 3 April 2009 (BC Reg 55/09)

From the amendment citations, select the ones likely to be in force on the
relevant date (30 November 2008), noting that italics signal an amendment
that may not be in force.
s7

am

am

2004-60-34

CIF 16 January 2006 (BC Reg 350/05)

Check the CIF information for these amendments. Record the CIF date and the
CIF authority (e.g. royal assent or regulation).

As of 30 November 2008, section 7 of the Adoption Act had been amended only
once. Section 34 of SBC 2004, c60, came into force on 16 January 2006 by BC Reg
350/05. The second amendment, 2007-36-2, did not come into force until 3 April
2009 and does not apply.

Researching Provincial Legislation: British Columbia 5-BC:27

2. Conduct Point-in-Time Research: Online


CanLII allows comparison of the current version of a British Columbia
statute with past versions by using the Compare feature. The two versions
appear on a split screen and changes are highlighted. However, the service
does not provide amendment citations, and past versions are consolidated
over a time period rather than a specific period in time.
Quicklaw and QP LegalEze allow point-in-time searching for British Columbia statutes.

Task BC.14

Conducting Point-in-Time Research: Online


Using QP LegalEze, locate point-in-time information for the Adoption Act, RSBC
1996, c5, s1 as it appeared on 3 April 2009.

Go to QP LegalEze at <http://www.qplegaleze.ca>; choose the Statutes and


Regulations link from the left menu.

From the drop-down menu choose A, then locate the Adoption Act, RSBC
1996, c5.

From the drop-down menu under the Adoption Act, choose Point in Time Adoption Act.

Locate section 1 in the table and choose the link in the corresponding Effective
Date column to access Act content as it was prior to changes made on the
effective date; the content covered is from 6 September 2000 to the present.

5-BC:28 The Comprehensive Guide to Legal Research, Writing & Analysis

E. Backdating a Statute: PrintOfficial


As was discussed in Chapter 4, researching a statutes history and compiling a
legislative history will be required when determining a statutes purpose, as this
information is frequently contained in the debates held during the bill passage
process. However, if a statute has been revised and consolidated over many years,
or perhaps repealed and re-enacted, the legislative intent that led to the acts creation
may not be apparent. In these situations, locating the date that the originating or
parent act came into force permits a subsequent search of the debates that took
place when the statute was in bill form.
While compiling a legislative history for statutes enacted from 1992 on can be
completed online as discussed earlier in this chapter, print resources must be
consulted for most research that pre-dates this period. Moreover, official print
resources must be consulted if the purpose for the research addresses a matter that
will be discussed in court, as online sources are unofficial. Historical legal research
of this nature frequently requires searching print versions of the statutes when this
information is not available online.
Earlier in this chapter, the process to locate the effective date of the Museum Act,
SBC 2003, c 12 was described. The following discussion explains the steps to take
to locate the original version of this statute. The original version will be a Statute of
British Columbia (not a Revised Statute) that does not repeal a pre-existing Act.

Task BC.15

Backdating a Statute
Locate the statute that originated the Museum Act, SBC 2003, c12.

Locate the version of the statute as enacted, either in the 2003 print version of
the annual Statutes of British Columbia, or in the third reading version of the bill
on the Legislative Assembly website, or through the British Columbia Annual
Statutes link through Quicklaw. Note that section 36 repeals the pre-existing
version of the statute, Museum Act, RSBC 1996, c326.

The citation to the Revised Statutes of British Columbia indicates that the statute
was enacted before the 1996 statute revision. Locate the statute in the 1996
RSBC, and find the Historical Table at the end of the statute.

The Historical Table lists each section of the statute and provides a citation
reference to the previous version of the statute. If amendments were made to
the section, they would be listed after the citation to the previous version of the
statute. The citation to the previous version of the Museum Act is RSBC 1979-293.

Locate the 1979 version of the Revised Statutes of British Columbia and find
chapter 293. The Historical Table found in the 1996 version of the RSBC does

Researching Provincial Legislation: British Columbia 5-BC:29


not exist in the 1979 version, nor in previous versions of the RSBC. Instead, a
citation reference to the previous version of the statute is located after each
section of the Act itself; in this case, 1967-41.
Since there was no revision of BC statutes in 1967, this reference must be to
an annual statute as enacted. If it is the originating or parent act to the
Museum Act, SBC 2003, c 12, there will be no reference to a repeal of an
earlier version of the statute.

Find the annual Statutes of British Columbia, 1967, and examine chapter 41.
TheAct respecting the Provincial Museum was assented to and took effect on
23March 1967. Since section 11 repeals the Provincial Museum Act, backdating
must continue. The citation reference provided to the earlier version of the
statute is to RSBC 1960, chapter 311.

Locate the 1960 Revised Statutes of British Columbia, chapter 311. The previous
version of the Provincial Museum Act is found in RSBC 1948, chapter 273.
Backdating further leads to RSBC 1936, chapter 231, then to RSBC 1924,
chapter 208, and finally to RSBC 1913, chapter 50.

This final citation reference provides the original or parent act, which was
enacted in 1913 and was assented to and in effect on 21 February 1913. It does
not repeal any pre-existing version of the Museum Act. Therefore, it is the
originating or parent act of the Museum Act, SBC 2003, c12.

To examine the debates that took place during the bill passage process,
examine the archived journals online at BC Laws, accessible at
<http://archives.leg.bc.ca>.

Figure BC.2 Using Archived Journals to Locate Historical Debates

5-BC:30 The Comprehensive Guide to Legal Research, Writing & Analysis

Use the Index to Journals to find the location references to the Debates,
then locate the references in the Debates using page numbers.

Figure BC.3 Locating Debates Using the Index to Journals

Researching Provincial Legislation: British Columbia 5-BC:31

IV. Working with Regulations


A. Locating Regulations
In British Columbia, regulations are used to detail a statutes implementation.16 A
regulation is subordinate legislation that derives its authority from an enabling
statute. Not all statutes provide authority to create regulations. If a statute provides
for the creation of regulations, the Lieutenant Governor in Council will be granted
the requisite authority. Once a regulation is created pursuant to the authority of
an enabling statute, it is deposited with the Registrar of Regulations pursuant to the
Regulations Act 17 and printed in the British Columbia Gazette.18 To determine
whether regulations exist, use the title of the enabling statute to search for relevant
regulations. Use the regulation number and year deposited to locate the full text
of the regulation both in print and online.
A citation to a regulation as enacted is formatted as: BC Reg 13/2000.
Thecomponents of the citation are:

BC Reg:

Abbreviation for British Columbia Regulation

13:

Regulation number

2000:

Year the regulation was deposited

While lawyers frequently require a current consolidated version of a regulation


that contains all amendments made to the regulation since the original was created
and deposited, at times the original version of the regulation as deposited with the
Registrar of Regulations and as printed in the British Columbia Gazette, Part II is
required.
The Queens Printer for British Columbia publishes and prints the official British Columbia Gazette pursuant to the Queens Printer Act.19 Currently, only the
print version of the British Columbia Gazette published by the Queens Printer is
considered official. It is published in two parts. The British Columbia Gazette, PartI
is published weekly and contains proclamations, legal notices, and government
notices. The British Columbia Gazette, PartII is published weekly and contains
regulations and a weekly index.
16 As discussed earlier in this chapter, regulations are also used for the specific purpose of bringing a
statute into force, at which point they are considered spent.
17 Supra note 6, s 3.
18 Ibid, s 5.
19 Supra note 10, s 7.

5-BC:32 The Comprehensive Guide to Legal Research, Writing & Analysis

The official print version of the British Columbia Gazette is available in the print
holdings of large libraries or is available for purchase from Crown Publications,
Queens Printer at <http://www.crownpub.bc.ca>. Online access to the unofficial full
text of the British Columbia Gazette is provided through commercial subscriptionbased services such as QP LegalEze.
A cumulative index called the Index of Current B.C. Regulations is published
every six months and contains regulation information from 1958 to the present.

1. Locating Original Unrevised Regulations: Print


To view the original unrevised regulation as registered, use the print version or a
subscription service that provides period-in-time versions of regulations.

Task BC.16

Using the Index of Regulations


Locate the Adult Guardianship (Abuse and Neglect) Regulation made under the
Adult Guardianship Act, RSBC 1996, c 6.

Using a library catalogue, locate the Index of Current B.C. Regulations. Select the
most recent print index. It is updated twice yearly by the Office of the Legislative
Counsel and provides regulation information from 1958 to the present.
Regulations bringing acts into force are not included in this index. Note the
currency date on the first page.

Using the Index of Current B.C. Regulations, search alphabetically by enabling


statute title to find the relevant enabling statute. Locate the Adult Guardianship
Act, RSBC 1996, c6. Ensure accuracy of title selection by verifying that the
proper statute title, containing the citation reference RSBC 1996, c6, has been
selected.

Review the regulation information listed under the Adult Guardianship Act,
RSBC 1996, c6. The information provided indicates that the Adult Guardianship
(Abuse and Neglect) Regulation is cited as BC Reg 13/2000.
Adult Guardianship Act, RSBC 1996, c 6
Adult Guardianship (Abuse and Neglect) Regulation13/2000

To view the official full text of Regulation 13/2000, locate the bound volume or
weekly issues of the British Columbia Gazette, Part II for the year 2000.

Browse the regulations or the index to locate Regulation 13. Regulation 13 is


found in the print issue of 1 February 2000 (vol 34, no 2) at page 120.

Locate the CIF information for this regulation to verify its effective date.

Researching Provincial Legislation: British Columbia 5-BC:33

2. Finding Original Regulations as Registered:


OnlineUnofficial
There is limited access to original regulations as registered online, in contrast to
consolidations of regulations, which are easily accessible online, as discussed later
in this chapter.
The Legislative Assembly website at <http://www.leg.bc.ca> provides information regarding original regulation numbers from 1998 to the present in cumulative indexes; however, they are not linked to the full text of the regulations. To
access a cumulative index, choose Legislation, then B.C. Regulations Bulletins,
then List of [year] Bulletins, then Cumulative Regulations Bulletin [date].
BC Laws and CanLII do not provide a separate database for access to original
regulations. Access the subscription service QP LegalEze to locate the British
Columbia Gazette, Part II online; the full text of original regulations is presented
online from 2001 to the present.

5-BC:34 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.17

Locating Regulations Online: Unofficial


Locate the original regulation BC Reg 47/2010 made pursuant to the Adoption
Act, RSBC 1996, c5.

Using QP LegalEze, access the British Columbia Gazette online by choosing one
of two options on the left menu: BC Gazette Part I, with content from 2003 to
the present; or BC Gazette Part II, with content from 2001 to the present.

Choose BC Gazette Part II, which contains original regulations. Choose the link
to 2001-2011, then choose links in this order: Volume 53, regulations 2010;
IndexRegulations 47-68; and 47/2010-403/2010.

This link provides access to the Index of British Columbia Gazette, Part II,
regulations 2010; locate the title Adoption Act in the alphabetical list.

The Adoption Act information line in the index provides a link to the relevant
regulation number: 47/2010.

The currency date appears in the top left corner as Cutoff Date: March 9, 2010.

Researching Provincial Legislation: British Columbia 5-BC:35

Task BC.18

Locating Regulations Online: Full TextUnofficial


Locate the full text of the original BC Reg 47/2010 online.

Following the steps outlined above, choose the link to BC Reg 47/2010 to view
the full text of BC Reg 47/2010.

This is not an official version of the regulation. Only the print version of this
regulation found in the British Columbia Gazette, Part II is considered official.

Locate the CIF date for this regulation to determine its effective date.

B. How Regulations Come into Force (CIF)


Before a regulation takes effect as law, it must come into force. Pursuant to the Regulations Act,20 a regulation comes into force on the date of its deposit with the Registrar
of Regulations unless an earlier or later date is specified in the regulation. The date
of deposit appears at the top of each regulation.
Review the full text of the original regulation to determine the CIF date. In the
alternative, access the B.C. Regulations Bulletins online through the Legislative
Assembly website or through the subscription service QP LegalEze for information regarding the CIF dates of regulations. Search by enabling statute title.

20 Supra note 6, s 4.

5-BC:36 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.19

Locating CIF Information for Regulations


Locate the CIF information for the Adult Guardianship (Abuse and Neglect) Regulation, BC Reg 13/2000, made pursuant to the Adult Guardianship Act, RSBC 1996,
c6, using the B.C. Regulations Bulletins online.

On the Legislative Assemblys website at <http://www.leg.bc.ca>, choose


Legislation, then B.C. Regulations Bulletins.

Choose List of 2000 Bulletins, then Cumulative Regulations Bulletin,


December29, 2000.

Locate the Adult Guardianship Act, RSBC 1996, c 6, and locate Reg No 13/2000.

Cumulative B.C. Regulations Bulletin, December 29, 2000


Order in Council No

Reg No

Deposit Date

13/2000

Jan. 28/00

Adult Guardianship Act


35/2000

Adult Guardianship
(Abuse and Neglect)
Regulation effective
February28,2000

BC Reg 13/2000, the Adult Guardianship (Abuse and Neglect) Regulation, was
approved by Order in Council No 35 in the year 2000. It was deposited on
28January 2000 but did not become effective until 28 February 2000. The CIF
date is therefore 28 February 2000.

C. How British Columbia Regulations Are


Amended and Consolidated
Unlike some other jurisdictions, British Columbia has not followed the practice
of consolidating regulations into a set of revised regulations. Like statutes, however, regulations can be amended from time to time and consolidated in loose-leaf
or online format. This means the regulation may not appear as it did originally on
registration, as amendments, if any, have been incorporated into an updated
version. If a consolidated version of the regulation is acceptable, use BC Laws or
CanLII, which provide current consolidations of regulations.
The BC Laws website is an unofficial but authoritative source for current consolidated British Columbia regulations. Regulations are listed alphabetically under
their enabling statutes. The full text of each regulation, along with its enabling

Researching Provincial Legislation: British Columbia 5-BC:37

statute, can be viewed online. If amendments have been made to a regulation, a note
beneath the regulations title provides currency information. For example, the Adult
Guardianship (Abuse and Neglect) Regulation includes amendments up to B.C. Reg.
13/2011, September 1, 2011. CanLII provides online access to current consolidations of BC regulations from 1 January 2009 to the present. In addition, consolidated
regulations are available on subscription services such as QP LegalEze.

1. Locate Consolidated Regulations Using CanLII: Online


Task BC.20

Locating Consolidated Regulations Using CanLII


Locate consolidated regulations passed under the Adult Guardianship Act, RSBC
1996, c6 using CanLII.

Go to CanLII at <http://www.canlii.org>; choose British Columbia from the left


menu, then under Legislation choose Statutes and Regulations.

Under Consolidated Statutes of British Columbia, choose the letter A.

In the table, locate the Adult Guardianship Act, RSBC 1996, c 6 in the Statutes
column.

Choose 2 Regulations in the Enabled Regulations column to open a list of


regulations associated with the Adult Guardianship Act.

Two consolidated regulations have been passed under the Adult Guardianship
Act, RSBC 1996, c6: the Adult Guardianship (Abuse and Neglect) Regulation, BC
Reg 13/2000, and the Designated Agencies Regulation, BC Reg 19/2002.

5-BC:38 The Comprehensive Guide to Legal Research, Writing & Analysis

2. Locate Consolidated Regulations Using QP LegalEze: Online


Task BC.21

Locating Consolidated Regulations Online: QP LegalEze


Locate the consolidated regulations made pursuant to the Adoption Act, RSBC
1996, c5, using QP LegalEze.

Go to QP LegalEze at <http://www.qplegaleze.ca>; choose the Statutes and


Regulations link. Regulations are updated on a continuous basis. Archived QP
LegalEze regulation consolidations are also available; they reference loose-leaf
consolidations and are provided from April 2003 to the present.

Search for consolidated regulations by locating the enabling statute, the


Adoption Act, under the letter A.

Locate the Adoption Act, then choose the link to Regulations 291/96, 292/96,
and 293/96 and view the full consolidated text.

The currency date is provided under the title; in this instance, it indicates that
the Adoption Agency Regulation includes amendments up to BC Reg 350/2005,
16 January 2006.

Researching Provincial Legislation: British Columbia 5-BC:39

D. Updating British Columbia Regulations


1. Updating Regulations: Print
Using the Index of Current B.C. Regulations, search alphabetically for the name of
the enabling act and review the list of regulations that follow. Amendments listed
in roman type are in force. Amendments that are not in force appear in italics,
alerting the researcher that additional research may be required. Note the currency date on the first page of the Index.
To update the regulation, review each issue of the British Columbia Gazette,
Part II that has been published since the currency date located on the Index of
Current B.C. Regulations.

2. Updating Regulations: Online


Generally, online consolidated regulations are updated on a continuous basis.
Locate the currency information provided by the database on the date of online
access.
QP LegalEze provides a link to an Updated Statutes and Regulations table.
Under the heading Regulations, it lists regulations that have been updated since
the last loose-leaf consolidation. The currency date is provided on the first page.
Changes to regulations are provided in green underlined print. Furthermore, a
section called Amendments Not in Force provides information regarding amendments deposited but not in force.

3. Locating Prior Versions of Regulations


Not all legal issues require analysis of the current consolidated regulation. Pointin-time research will determine the version of a regulation in force on the occurrence of a specific event.
CanLII allows comparison of the current version of a regulation against past
versions by using the Compare feature. The two versions appear on a split screen
and changes are highlighted. The service does not provide amendment citations,
and past versions are consolidated over time, not by period in time.
QP LegalEze provides historical and point-in-time versions of regulations. For
historical research purposes, a table of Defunct Regulations is provided on QP
LegalEze. Under the List of Updated Statutes and Regulations link, a further link
provides access to a table of Defunct Regulations. This table provides a list of regulations with links from 1 August 2003 to the present that have been repealed, have
expired, or have had their statutory authority repealed. To conduct point-in-time
research, access QP LegalEze.

5-BC:40 The Comprehensive Guide to Legal Research, Writing & Analysis

Task BC.22

Point-in-Time Regulation Research Online: QP LegalEze


Locate the PIT content online using QP LegalEze for BC Reg 293/96 made pursuant to the authority of the Adoption Act, RSBC 1996, c5.

Go to QP LegalEze at <http://www.qplegaleze.ca>; choose Statutes and


Regulations from the left menu. Search by enabling act title.

Choose the letter A to locate the Adoption Act, RSBC 1996, c 5. Select the
Regulations link.

Choose Regulations Point in Time and then the link Point in Time - Reg 293/96
Adoption Fees Regulation.

Review the shaded box that provides a link to the content of section 5 of the
regulation as it appeared prior to the changes made on the effective date of
1April 2010, as noted in the second column.

Researching Provincial
Legislation: Manitoba
Donna Sikorsky, BA, MLIS, Reference Librarian, E.K. Williams Law Library,
University of Manitoba

MB

Contents
Note: Proposed Changes to Manitoba Legislation Affecting
the Research Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:3
I.

Law-Making Process: How a Bill Becomes a Manitoba Statute . . . . . . . . . . . . . . 5-MB:5


A. Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:5
B. Locating a Manitoba Statute as Enacted: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:6
C. How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:8

II. How to Track a Bill Currently Before the Provincial Legislature . . . . . . . . . . . . . . 5-MB:14
III. Official and Unofficial Sources of Legislation: Guide to Publications . . . . . . . 5-MB:14
A. Official and Unofficial Sources for Manitoba Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:14
B. Legislative Underpinnings of Official Publications for Manitoba Statutes . . . . . . . . . . 5-MB:14
C. Guide to the Status of Manitoba Legislative Publications . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:16

IV. Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:17
A. How Manitoba Acts Are Amended, Consolidated, Revised, and Cited . . . . . . . . . . . . .
B. Locating and Updating Revised and Consolidated Manitoba Statutes:
Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Locating Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Updating Manitoba Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Compiling a Legislative History: Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-MB:17
5-MB:21
5-MB:22
5-MB:25
5-MB:27
5-MB:32

V. Working with Manitoba Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:40


A.
B.
C.
D.

Locating Regulations as Registered: Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


How Regulations Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Manitoba Regulations Are Amended, Consolidated, and Revised . . . . . . . . . . . .
Locating and Updating Revised, Re-enacted, and Consolidated
Manitoba Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Backdating Manitoba Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-MB:40
5-MB:44
5-MB:44
5-MB:47
5-MB:52
5-MB:56

5-MB:1

5-MB:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how a Manitoba bill becomes a statute


Track a bill through the legislative process
Understand how Manitoba statutes and regulations come into force
Understand the term official as it applies to legislative materials
Find official versions of Manitoba statutes and regulations, online and in
print

Understand how legislation is enacted, amended, consolidated, and






revised
Locate enacted and amended Manitoba legislation
Understand how to complete point-in-time research
Locate prior versions of Manitoba legislation
Complete historical legislative research (backdating)
Compile a legislative history

Research Tasks
MB.1
MB.2
MB.3
MB.4
MB.5
MB.6
MB.7
MB.8
MB.9
MB.10
MB.11
MB.12
MB.13
MB.14
MB.15

Locating the Enacted Version of a Statute: Print and Online


Official and Unofficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:7
Locating CIF Dates for Statutes Coming into Force on
Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:10
Using Interpretive Statutes If No CIF Provision Is Available . . . . . . . . . 5-MB:10
Locating CIF Dates for Statutes Coming into Force on
Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:11
Locating CIF Dates for Statutes in Force on Proclamation: Print . . . . . 5-MB:13
Locating Revised and Consolidated Manitoba Statutes . . . . . . . . . . . . . 5-MB:21
Using the Amendment Information LineOnline Consolidation
or Print CCSM (Unofficial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:22
Using the Information Table (CCSM) in Print to
Find Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:24
Conducting Point-in-Time Research: Manitoba LawsOnline . . . . . . 5-MB:28
Conducting Point-in-Time Research: CanLIIOnline . . . . . . . . . . . . . . . 5-MB:29
Creating an Earlier Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:30
Locating an Originating (Parent) Act: Official . . . . . . . . . . . . . . . . . . . . . . . 5-MB:32
Locating an Originating Statute Section: Official . . . . . . . . . . . . . . . . . . . 5-MB:33
Finding the Status of a Bill Currently or Recently Before the
Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:35
Finding the Status of a Bill for Statutes Passed After 1999:
Legislative Assembly of ManitobaOnline . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:37

Researching Provincial Legislation: Manitoba 5-MB:3

MB.16 Finding the Status of a Bill Using Print Resources:


Debates and Proceedings (Hansard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:38
MB.17 Finding the Status of a Bill: Journals of the Legislative Assembly
of ManitobaPrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:39
MB.18 Locating Regulations as Registered Using Official Sources:
The Manitoba GazettePrint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:42
MB.19 Locating Historical Revisions of Regulations: OfficialPrint . . . . . . . . 5-MB:47
MB.20 Locating Current Regulations as Amended When the Title of
the Enabling Act Is Known: OfficialPrint . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:48
MB.21 Locating Current Consolidations of Regulations When the Title
of the Enabling Act Is Known: UnofficialOnline . . . . . . . . . . . . . . . . . . 5-MB:49
MB.22 Locating Current Consolidations of Regulations When Only the
Title or Citation to the Regulation Is Known: OnlineUnofficial . . . . 5-MB:50
MB.23 Determining Regulation Amendment Status Using the
Amendment Information Line: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:51
MB.24 Creating a Prior Version of a Regulation: 2000 to the Present
Unofficial: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:53
MB.25 Creating a Prior Version of a Regulation: OfficialPrint . . . . . . . . . . . . 5-MB:54
MB.26 Locating an Originating Regulation: Official . . . . . . . . . . . . . . . . . . . . . . . . 5-MB:56

Note: Proposed Changes to Manitoba


Legislation Affecting the Research Process
On 23 April 2013, Bill 25 received first reading in the Manitoba Legislative
Assembly. Once enacted and in force, The Statutory Publications Modernization
Act will change the way that legislation is disseminated and its designation
as an official source of law for evidentiary purposes. These changes will have
implications for several aspects of the legal research process.
Bill 25 proposes the creation of two new statutes, The Statutes and Regulations Act and The Queens Printer Act. Assuming that there are no further
amendments to Bill 25, once proclaimed in force, The Statutes and Regulations
Act will:
repeal the existing Regulations Act, SM 1988-89, c7
publish on the Manitoba Laws website both original and consolidated versions of statutes, regulations, and proclamations that repeal
or bring statutes into force

5-MB:4 The Comprehensive Guide to Legal Research, Writing & Analysis

determine that bilingual versions of original or consolidated acts or


regulations accessed from the Manitoba Laws website, as well as print
versions published by the Queens Printer, are official sources of law
for evidentiary purposes
determine that regulations published online on the Manitoba Laws
website are official sources of law without any further requirement
for publication in Manitoba Gazette
maintain the same system of registering regulations as described
under the previous Regulations Act
give authority to legislative counsel to make minor corrections to
legislation and publish these corrections on the Manitoba Laws
website
maintain the Continuing Consolidation of the Statutes of Manitoba
(CCSM), previously published in loose-leaf, in an online version only
require legislative counsel to maintain information tables online that
provide the legislative history of each consolidated act or regulation
Once proclaimed in force, The Queens Printer Act will:
repeal the existing The Public Printing Act, RSM 1988, cP240
permit online publishing of The Manitoba Gazette
maintain the official status of statutes and regulations printed by or
under the authority of the Queens Printer
In the discussion that follows, changes to the research process that will
occur as a result of this new legislation are provided in highlighted text.

Researching Provincial Legislation: Manitoba 5-MB:5

I. Law-Making Process: How a Bill Becomes


a Manitoba Statute
A. Bill Passage Process
The authority to create Manitoba provincial legislation is vested in the Legislative
Assembly of Manitoba.1 A legislature is divided into legislative sessions; sessions
are identified by both a legislature number and a session number (e.g. 36th Legislature, 5th Session). A prospective statute is introduced in the Legislative Assembly
as a bill and passes through various stages in the Assembly before becoming law.
The notice paper, which provides the agenda for the Legislature, announces a bill
one day prior to its introduction.
Bills are classified as government bills, private members bills, or private bills.
For each legislative session, government bills are numbered sequentially, beginning with1. Private members bills are assigned a number beginning with 200,
while private bills begin at 300.
Once ready for distribution, the bill is printed by the Queens Printer and distributed to members of the Legislative Assembly (MLAs), and the bilingual version
of the bill is added to the Legislative Assembly of Manitoba website. The bill
number and the legislative session number are both required to find a bill in print
or online.
At first reading, a member of the Legislative Assembly, acting as the bills sponsor,
may offer a brief description of the bills purpose before moving that the bill be
introduced and read in the Legislature. The bill then proceeds to second reading
and is debated. After debate, a motion is made to dispose of second reading stage,
and the bill is either accepted or rejected.
A bill that passes second reading is referred to a standing or special committee,
or to a Committee of the Whole House composed of all MLAs. The committee
considers oral and written submissions from the public before beginning a detailed review of the bill. Amendments to the bill may be proposed at this stage. At
report stage, the committee reports to the House; MLAs may then propose further
amendments. At concurrence and third reading, the bills sponsor moves that the
bill be concurred in, read a third time, and passed. The bill is debatable at this
stage and amendments may be introduced. A bill is passed after adoption of a
concurrence and third reading motion, at which point it receives royal assent.

1 For a comprehensive discussion of the bill passage process, see the Legislative Assembly of Manitoba website at <http://www.gov.mb.ca/legislature/bills/>.

5-MB:6 The Comprehensive Guide to Legal Research, Writing & Analysis

The Journals of the Legislative Assembly of Manitoba publish proceedings of the


Legislature. The Debates of the Legislative Assembly of Manitoba (Hansard) contain
the verbatim record of MLA statements made during a legislative session.
The Debates from the 28th Legislature to present, beginning on 5 December
1966, organized by legislative session number and date, are available on the Legislative Assembly of Manitoba website. (The Debates from the 5th Session of the
27th Legislature, from 3 February to 26 April 1966, are also available.) If the day
on which a bill was considered at a particular legislative stage is known, consult
the Debates for the relevant day. If the bills discussion dates are unknown, the
website is searchable. Committee debates are also available on the Legislative
Assembly of Manitobas website from 23 May 1995 to the present. Committee
reports are available in large libraries; they may be consulted to determine the
legislative intent of a bill.

B. Locating a Manitoba Statute as Enacted: Print and Online


Following a bills passage by the Legislative Assembly, it must receive royal assent
before becoming law. At the royal assent ceremony, the Clerk of the Assembly
reads the titles of bills that have passed third reading. The Lieutenant Governors
signature signifies the Queens assent to the enactment.
On royal assent, the enacted statute is assigned a chapter number. Pursuant to
legislative authority,2 the Clerk of the Legislative Assembly provides a certified
copy of the act to the Queens Printer for publication in the Statutes of Manitoba
(SM) at the end of the legislative session. The Statutes of Manitoba are sessional
volumes organized by year and chapter number. The statute also appears on the
Legislative Assembly of Manitobas website and the Manitoba Laws website.3 The
year of enactment and chapter number are found in the statute citation (e.g. The
Securities Transfer Act, SM 2008, c14), which can be used to find the statute in
print and online.4

2 The Public Printing Act, RSM 1988, cP240, CCSM cP240, s17. This statute will be repealed and
replaced by The Queens Printer Act. See also The Statutes and Regulations Act following its
enactment.
3 <http://web2.gov.mb.ca/laws/statutes/index_chap.php>.
4 LexisNexis Quicklaw, Westlaw Canada, and CanLII do not provide access to statutes as enacted and
published in the Statutes of Manitoba. These services provide access to consolidated versions of the
statutes only.

Researching Provincial Legislation: Manitoba 5-MB:7

Task MB.1

Locating the Enacted Version of a Statute:


Print and OnlineOfficial and Unofficial
Print Method (Official)

The Statutes of Manitoba, organized by year and chapter number, are the
official publications of Manitoba provincial statutes. Often, a search begins
with a citation to a statute: The Electronic Commerce and Information Act, SM
2000, c32.

Consult the annual Statutes of Manitoba for the relevant year (2000). Locate the
relevant chapter number (c 32).

Online Method (Unofficial)

Manitoba statutes as enacted are available on the Manitoba Laws website at


<http://web2.gov.mb.ca/laws/statutes/index_chap.php>.This is an unofficial
version. Sessional statutes beginning with the 1988-89 legislative session are
available. Once The Statutes and Regulations Act comes into force, statutes
published on the Manitoba Laws website will become an official source of law.

If a recently enacted statute is not yet available on the Manitoba Laws website,
consult the version of the statute at royal assent provided by the Legislative
Assembly of Manitoba at <http://web2.gov.mb.ca/bills>. Choose the relevant
chapter from the As enacted column on this page.

While the date of royal assent affirms the date that a particular statute has
passed into law, it may not yet be in force. A statute must come into force before
taking effect in Manitoba.

5-MB:8 The Comprehensive Guide to Legal Research, Writing & Analysis

C. How Statutes Come into Force


1. Determining Coming into Force (CIF) Dates
for Statutes: Online and Print
Coming into force (CIF) information is usually included in the commencement
provisions near the end of the enacted version of a statute. The three essential elements include:
the date of coming into force
the authority by which the statute came into forcei.e. by royal assent,
upon proclamation, or by other means
the proclamation, if the statute came into force by proclamation5

2. CIF Options
Usually a statute will state the manner that it or one of its parts, schedules, or
specific sections comes into force. Statutes usually come into force on one of the
following dates:
the date of royal assent, or a specified number of days after royal assent
a specified date
a date to be fixed by proclamation
an event date, e.g. when another act comes into force
For statutes that do not require significant administrative changes prior to
implementation, CIF frequently occurs on royal assent. Statutes that require administrative changes will come into force on a later date to provide sufficient time
to make the necessary changes. In these cases, the statute comes into force on a
day to be fixed by proclamation or on a specified date. As well, sections of a statute
may come into force at different times, pursuant to The Interpretation Act.6

5 The Public Printing Act, RSM 1988, cP240, s2 authorizes The Manitoba Gazette to publish proclamations and other official government notices. However, once in force, The Queens Printer Act will
repeal The Public Printing Act. As a result, the responsibilities of the Queens Printer will be updated.
Note also that The Statutes and Regulations Act repeals The Regulations Act, SM 1988-89, c7, CCSM
cR60. Consult both of these statutes for details of the changes made to the publication of The Manitoba Gazette and its contents.
6 SM 2000, c26, CCSM cI80, s11(1).

Researching Provincial Legislation: Manitoba 5-MB:9

The Cooperatives Amendment Act, SM 2011, c7, s22 states:


22(1) This Act, except sections 6 and 14 and clause 21(1)(b), comes into force
on the day it receives royal assent.
22(2) Sections 6 and 14 and clause 21(1)(b) come into force on a day to be fixed
by proclamation.

Statutes may also come into force on an event date.


The Manitoba Public Insurance Corporation Amendment Act, SM 2011, c21, s5(2)
states:
Subclause161.1(3)(a)(v), as enacted by section3, comes into force on the same
day that subsection 333.1(1) of the Criminal Code (Canada), as enacted by SC
2010, c14, comes into force.

The Lieutenant Governor is authorized to issue proclamations pursuant to The


Interpretation Act.7 Moreover, The Manitoba Evidence Act 8 states that judicial
notice shall be taken of all proclamations of the Lieutenant Governor in Council.
If asked to demonstrate that an act has come into force, review section 34(3) of
The Manitoba Evidence Act, which accepts as proof documents published in federal or provincial Gazettes, as well as those published in the Acts of the Parliament
of Canada or of the legislature of any province.

7 Ibid, s53.
8 RSM 1987, cE150, CCSM cE150, s29(g). Once in force, The Statutes and Regulations Act will
confirm that the online version of legislation obtained from the Manitoba Laws website is an official
source of law.

5-MB:10 The Comprehensive Guide to Legal Research, Writing & Analysis

3. Locating CIF Information for Manitoba Statutes9


Task MB.2

Locating CIF Dates for Statutes Coming into Force


on Royal Assent
Locate CIF for The Securities Transfer Act, SM 2008, c14.

Review the closing sections of the enacted version of the required statute for
the CIF provision.
Section 139: This Act comes into force on the day it receives royal assent.

If the Act comes into force on royal assent, examine the first page of the
enacted version of the statute.
(Assented to June 12, 2008)

CIF information note:


In accordance with section 139, The Securities Transfer Act, SM 2008, c14 came into
force on 12 June 2008 upon royal assent.

Task MB.3

Using Interpretive Statutes If No CIF Provision Is Available


If a statute is silent about when it comes into force, refer to section 9(1) of The Interpretation Act, SM 2000, c26, CCSM cI80, which states:
An Act comes into force on the day it receives royal assent, unless it states otherwise.

When a statute comes into force after the date of royal assent, the CIF provision
itself comes into force on assent, pursuant to section 9(2) of The Interpretation Act.

9 CIF information for Manitoba statutes is removed upon consolidation in the Continuing Consolidation
of the Statutes of Manitoba in print and on the Manitoba Laws website (unofficial version). Therefore, consult the statute as enacted and published in the bound sessional volumes of the Statutes of
Manitoba or in the Unconsolidated Acts of Manitoba (1988-89 to 2012) at <http://web2.gov.mb.ca/
laws/statutes/index_chap.php>.

Researching Provincial Legislation: Manitoba 5-MB:11

Task MB.4

Locating CIF Dates for Statutes Coming into Force


on Proclamation
Locate the CIF date for section 16 of The Courts Administration Improvement Act,
SM 2005, c33.

Follow the steps previously described. If the Act did not come into force on
royal assent, determine the commencement provisions.
Section 26(2): Part3 comes into force on a day to be fixed by proclamation.

Section 16 is in Part 3; locate the proclamation date in the Table of


Proclamations.

Locate the Table of Proclamations. Until 2006, it was published in print as an


information table in the Continuing Consolidation of the Statutes of Manitoba.
Since 2006, the Proclamation Table is only available online on the Manitoba
Laws website at <http://web2.gov.mb.ca/laws/statutes/index_procs.php>. For
earlier proclamations, consult the information table in the Continuing
Consolidation of the Statutes of Manitoba or the annual cumulative list of
proclamations published in The Manitoba Gazette, PartI. Once in force, The
Statutes and Regulations Act will require proclamations to be published on the
Manitoba Laws website.

From the Manitoba Laws home page, choose Proclamations from the Acts
menu at the top of the page to display acts and parts of acts coming into force
after 2006 by proclamation. Arranged in alphabetical order by statute title, CIF
dates for specific sections are identified, with both the proclamation date and
the Gazette location date specified. If the entire act came into force upon
proclamation, whole Act is specified.

The Courts Administration Improvement Act, SM 2005, c33 (Part 3) was proclaimed
in force on 31July 2009. The proclamation can be found in The Manitoba Gazette
of 22August 2009.

Locate The Manitoba Gazette, PartI in print in a law library. Proclamations


appear in the Government Notices section located at the beginning of every
issue of The Manitoba Gazette, PartI. The Table of Contents in each issue
provides a list of individual proclamations with page references. For the
present example, the 22August 2009 issue provides the required proclamation
information at page 549, which states: Proclamation, 31July 2009 (2009)
MGaz I, 549. Once in force, The Statutes and Regulations Act will authorize the
text of the proclamation to be published on the Manitoba Laws website.

5-MB:12 The Comprehensive Guide to Legal Research, Writing & Analysis

CIF information note:


Section 16, being a section of Part3 of The Courts Administration Improvement Act,
SM 2005, c33, came into force on 31July 2009 by proclamation in accordance with
section 26(2) of the Act, as evidenced by The Manitoba Gazette, PartI, vol138, no34
(22August 2009) at 549.

For recently proclaimed statutes not on the Manitoba Laws website, consult the
most recent issue of The Manitoba Gazette, Part I for the proclamation. If The
Manitoba Gazette is not yet available at the library, contact the Queens Printer to
obtain a copy. The most recent proclamation information may be obtained by
contacting the office of Legislative Counsel.

Researching Provincial Legislation: Manitoba 5-MB:13

Task MB.5

Locating CIF Dates for Statutes in Force on


Proclamation: Print
Locate CIF for section 6 of The Common-Law Partners Property and Related Amendments Act, SM 2002, c48.

Locate the statutes commencement provision. Section 29 specifies CIF on


proclamation.

Consult the information table, Acts and Parts of Acts Enacted Subject to
Proclamation, located at the back of the bound annual volumes of the Statutes
of Manitoba, which is available until 2007. The table is in alphabetical order by
statute title. Amending statutes are listed in the Proclamation status column;
statute sections that come into force by proclamation on different dates are
identified. The CIF date provided for section 6 is 30June 2004.

While some statutes are proclaimed in force within a few months of being
enacted, others are not proclaimed for a year or more. The information table,
Acts and Parts of Acts Enacted Subject to Proclamation, that is found in the
volume of the year of enactment may not yet include the proclamation. In that
event, consult the table for the following year and subsequent years until the
proclamation information is located.

Record the proclamation publication date in The Manitoba Gazette, PartI.


Locate the proclamation in the specified issue, The Manitoba Gazette, PartI,
vol133, no22 (29May 2004) at 725.

CIF information note:


The Common-Law Partners Property and Related Amendments Act, SM 2002, c48, s6
came into force on 30June 2004 by proclamation in accordance with section 29 of the
Act, as evidenced by The Manitoba Gazette, PartI, vol133, no22 (29May 2004) at 725.

4. Historical CIF Provisions


Prior to the enactment of The Interpretation Act, SM 2000, c26, the coming into
force of statutes and regulations was governed by The Interpretation Act, RSM
1987, cI80 and its predecessors. When referring to information on CIF provisions
in a previous interpretive statute, consult the statute as it appeared during the
relevant time frame, because the provisions regarding commencement of acts in
the current Act may have changed since earlier versions.

5-MB:14 The Comprehensive Guide to Legal Research, Writing & Analysis

II. How to Track a Bill Currently Before


the Provincial Legislature
On the Legislative Assembly of Manitoba website at <http://www.gov.mb.ca/
legislature/homepage.html>, choose Bills from the left menu.
For the current session, choose Bill Status from the submenu. For previous
sessions, choose Printed Bills from the submenu, then choose the desired
session under Past Sessions.
Choose Status of Bills in the upper right corner of the page to display a
chart providing the status of bills for the desired session.

III. Official and Unofficial Sources of


Legislation: Guide to Publications
A. Official and Unofficial Sources for Manitoba Statutes
An official source refers exclusively to publications that disseminate statutes or
judicial decisions. For statutes, an official source is a government publication
designated by statute as providing evidence of the law for use in a courtroom. In
Manitoba, the official versions of statutes are the print versions published by the
Queens Printer. Once The Statutes and Regulations Act comes into force, statutes
published on the Manitoba Laws website will become an official source of law. When
providing evidence of the law in court, the official version should be provided.

B. Legislative Underpinnings of Official Publications


for Manitoba Statutes
Once The Statutes and Regulations Act and The Queens Printer Act come into force,
the legislative underpinnings of official publications for Manitoba statutes will
alter as provided by this new legislation, which will repeal The Public Printing Act.
Section 14 of The Public Printing Act 10 states:
Publications in The Manitoba Gazette, and all copies of the statutes of the
province, the journals of the assembly, sessional papers and all other documents, printed or purported to be printed by any Queens Printer or Kings
Printer, are authentic and make proof of their contents without any other
10 RSM 1988, cP240, CCSM cP240.

Researching Provincial Legislation: Manitoba 5-MB:15

evidence; and all publications and copies of statutes, so purporting to be


printed, shall be held, prima facie, to be authentic copies of the originals
thereof respectively, and shall in all courts and proceedings be admitted
in evidence without proof, as the originals might be.

The Manitoba Gazette is published weekly in two parts. PartI contains proclamations, as well as legal and government notices required to be published by provincial
statute or regulation. PartII contains new and amending regulations required to be
published pursuant to The Regulations Act.11 The publication of The Manitoba Gaz
ette is governed by sections 2 and 3 of The Public Printing Act.12 The Manitoba
Gazette is not available online; issues of PartsI and II published in print are available in most libraries.
Unlike the Canada Gazette, The Manitoba Gazette does not disseminate statutes
as enacted. Whereas the online archive of the Canada Gazette, PartIII provides
an official source for federal statutes as enacted, Manitoba statutes are not published in The Manitoba Gazette.
The sessional volumes of the Statutes of Manitoba are published by the Queens
Printer and contain all statutes as enacted during a legislative session, which may
extend beyond a calendar year (e.g. SM 1991-92). The Statutes of Manitoba are
available on the Manitoba Laws website at <http://web2.gov.mb.ca/laws/statutes/
index_chap.php>, beginning with the 1988-89 legislative session. However, the
Statutes of Manitoba on the Manitoba Laws website are not official versions; only
the bound sessional volumes are official. Consult The Manitoba Evidence Act 13 to
identify sources accepted as official documents. For earlier sessional statutes,
consult the sessional Statutes of Manitoba volumes in print in a law library.
Section 9(2) of The Re-enacted Statutes of Manitoba, 1988, Act 14 states:
Copies of the Re-enacted Statutes of Manitoba, 1988, purporting to be
printed by the Queens Printer are evidence of the Re-enacted Statutes of
Manitoba, 1988, in all courts and places whatsoever, without further
proof of any kind.

11 SM 1988-89, c7, CCSM cR60. However, once in force, The Queens Printer Act will repeal The
Public Printing Act. As a result, the responsibilities of the Queens Printer will be updated. Note also
that The Statutes and Regulations Act repeals The Regulations Act, SM 1988-89, c7, CCSM cR60.
Consult both of these statutes for details of the changes made to the publication of The Manitoba
Gazette and its contents.
12 Supra note 2. However, once in force, The Queens Printer Act will repeal The Public Printing Act. As
a result, the responsibilities of the Queens Printer will be updated. Consult the statute for details of
the changes made to the publication of The Manitoba Gazette and its contents.
13 RSM 1987, cE150, CCSM cE150.
14 SM 1988-89, c1. Comparable wording is provided in The Re-enacted Statutes of Manitoba, 1987, Act.

5-MB:16 The Comprehensive Guide to Legal Research, Writing & Analysis

Finally, section 34(3) of The Manitoba Evidence Act 15 states that other versions
of publications as printed by the Queens Printer are also acceptable as evidence.
Section 34(3)(b) states that acts may be proved by the production of a copy
thereof or an extract therefrom purporting to be printed by, or for, or by authority
of, the Queens Printer for Canada or for any province.

C. Guide to the Status of Manitoba Legislative Publications


Figure MB.1 Status of Manitoba Legislative Publications
Title

Print

Online

Bills, Legislative
Assembly of
Manitoba

AVAILABLE: Yes

AVAILABLE: Yes
URL: <http://www.gov.mb.ca/
legislature/bills/index.html>.
COVERAGE: Printed bills from the
37th Legislature, 1st Session,
November 1999 to present (with
links to statutes as enacted).

Bill status charts beginning with the


37th Legislature.
Legislative
Assembly of
Manitoba Debates
and Proceedings
(Hansard)

AVAILABLE: Yes

AVAILABLE: Yes

COVERAGE: Official
publication began in 1958
with the 25th Legislature,
1st Session (23October
1958).

URL: <http://www.gov.mb.ca/
legislature/hansard/index.html>

Print indexes are available


from 1958 to present.

Committee Debates from 36th


Legislature, 1st Session (May 1995)
to present.

COVERAGE: House Debates from


32nd Legislature, 4th Session (March
1985) to present.

Indexes from the 37th Legislature,


4th Session (November 2002) to
present.

15 Supra note 13.

Researching Provincial Legislation: Manitoba 5-MB:17

IV. Locating and Working with Amendments,


Statute Revisions, and Consolidations
A. How Manitoba Acts Are Amended, Consolidated,
Revised, and Cited
1. Revised Statutes of Manitoba
Section 5 of The Department of Justice Act 16 provides authority for the periodic
revision of provincial statutes. This section grants the revising officer the power
to consolidate and revise the statutes; this includes the authority to remove repealed sections, to change the numbering of statutes and statute sections, and to
alter the language of the statutes to maintain a consistent mode of expression.
The Revised Statutes of Manitoba, 1970 was the last complete revision of the
Manitoba statutes published. Beginning with the RSM 1954, acts and sections of
acts repealed since the 1954 revision were removed, and acts and sections enacted
since this revision were incorporated in the consolidation. The Re-enacted Statutes
of Manitoba, published between 1987 and 1990, also revised and consolidated the
law; however, this re-enactment differed from a traditional revision, as explained
later in this section.

2. Effect of the Manitoba Language Rights Reference


The Supreme Court of Canadas judgment in Re Manitoba Language Rights 17 declared that the statutes and regulations not enacted and published in English and
French were invalid subject to a period of temporary validity. The Supreme Court
order 18 fixed this period at 31December 1988 for acts in the Continuing Consolidation of the Statutes of Manitoba and the Manitoba Regulations and 31December
1990 for other laws. As a result, Manitobas statutes were prepared in English and
French and published as the Re-enacted Statutes of Manitoba, 1987, the Re-enacted
Statutes of Manitoba, 1988, and the Re-enacted Statutes of Manitoba, 1990.19 Manitoba had begun to pass bilingual versions of new statutes as early as 1982; however,
acts that amended existing acts were printed only in English. The Supreme Court

16 RSM 1987, cA170, CCSM cJ35.


17 Re Manitoba Language Rights, [1985] 1 SCR 721.
18 Order: Manitoba Language Rights, [1985] 2 SCR 347.
19 For a complete discussion of the effect of the Manitoba Language Rights reference, see Margaret A
Banks & Karen EH Foti, Banks on Using a Law Library, 6th ed (Toronto: Carswell, 1994) at 70.

5-MB:18 The Comprehensive Guide to Legal Research, Writing & Analysis

order required the province to use a bilingual, parallel-column format for publishing legislation. Beginning with the 1986-87 legislative session, all statutes were
enacted in this format. Previously enacted statutes had to be re-enacted within the
time limit specified by the Supreme Court order to remain in effect.
The Re-enacted Statutes of Manitoba, 1987, the Re-enacted Statutes of Manitoba,
1988, and new acts passed in the 1986-87 legislative session met the requirement
of the Supreme Court order. These acts are the public acts that form part of the
Continuing Consolidation of the Statutes of Manitoba.

3. Re-enacted Statutes of Manitoba, 1987 and Supplement


to the Re-enacted Statutes of Manitoba, 1987
The Re-enacted Statutes of Manitoba, 1987, Act, SM 1987-88, c9 provided for the
consolidation and re-enactment of 344 acts in the accompanying roll. Published
as a set of bound volumes, they were proclaimed in force on 1February 1988.
Legislation passed during the 1987-88 session of the Legislature that did not
amend the Re-enacted Statutes can be found in the sessional volume of the Statutes
of Manitoba, 1987-88.
The Supplement to the Re-enacted Statutes of Manitoba, 1987 contains acts and
portions of acts that amended acts contained in the Re-enacted Statutes of Manitoba, 1987. They were passed after the roll for the 1987 re-enactment had been
prepared but before the Re-enacted Statutes of Manitoba, 1987 came into force. The
amending acts were revised to match the form and numbering of the Re-enacted
Statutes.

4. Re-enacted Statutes of Manitoba, 1988, Re-enacted Statutes


of Manitoba, 1990, and Re-enacted Statutes of Manitoba,
1989 and 1990 (Municipal)
The Re-enacted Statutes of Manitoba, 1988, Act 20 re-enacted 23 additional statutes
set out in the accompanying roll. These statutes came into force upon royal assent
of the Act on 19October 1988.
The publication of the two-volume set, the Re-enacted Statutes of Manitoba,
1990, completed the re-enactment process as required by the 1985 Supreme Court
order. The set contained Private Acts and Public General Acts not found in the
Continuing Consolidation of the Statutes of Manitoba.
Municipal statutes were re-enacted in 1989 and 1990 and were published in a
single volume, the Re-enacted Statutes of Manitoba, 1989 and 1990 (Municipal).

20 Supra note 14.

Researching Provincial Legislation: Manitoba 5-MB:19

5. Differences Between the Revised Statutes of Manitoba


and the Re-enacted Statutes of Manitoba
Although they consolidated previous legislation, the Re-enacted Statutes of Manitoba differ from a typical revision. They were published as a series of re-enacted
statutes and not as a single revision. The Re-enacted Statutes of Manitoba do not
include new acts passed since the 1986-87 legislative session, as they were already
published in the correct format. Constitutional acts were not reprinted and private
acts were re-enacted.
The Re-enacted Statutes of Manitoba do not include historical references (previous section number and amendment history) for individual sections. Therefore,
the Re-enacted Statutes of Manitoba cannot be used as a tool in tracing the amendment history between the RSM 1970 and the re-enactment. The tables of statutes
in the sessional volumes of the Statutes of Manitoba must instead be consulted for
historical references.

6. Continuing Consolidation of the Statutes


of Manitoba in Print (Unofficial)
The Continuing Consolidation of the Statutes of Manitoba (CCSM), which is the
loose-leaf edition, was authorized by The Revised Statutes, 1970, Act.21 The Department of Justice Act 22 provides for the preparation and printing of a continuing
consolidation of the statutes. The CCSM assigns an alphanumeric chapter number
to statutes in addition to their chapter number from the sessional volume of the
statutes. The CCSM in print contains only public acts in force. The public general
acts not in the CCSM, municipal acts, and private acts are listed in the Information Table in the final volume of the CCSM with location references to the Statutes
of Manitoba.
The CCSM was reissued in the bilingual, parallel-column format after The Reenacted Statutes of Manitoba, 1987 were passed.
The CCSM is not an official version of the statutes. If an official version of a
statute is required, consult the Re-enacted Statutes of Manitoba and the bound
sessional volumes of the Statutes of Manitoba. Once The Statutes and Regulations
Act comes into force, statutes published on the Manitoba Laws website will become an official source of law. In addition, the CCSM will no longer be published
in loose-leaf, but will continue as an online publication.

21 SM 1970, c4, ss 10(2) and 10(3).


22 Supra note 16, s7(1).

5-MB:20 The Comprehensive Guide to Legal Research, Writing & Analysis

7. Continuing Consolidation of the Statutes of Manitoba:


Online (Unofficial)
The CCSM available on the Manitoba Laws website at <http://web2.gov.mb.ca/
laws/> is an unofficial version of the statutes. All public acts included in the CCSM
are available with links to information tables providing the amendment history of
each act. A link to associated regulations is also provided.

8. Online Consolidations of Municipal and Private Acts


Consolidations of municipal acts23 and private acts24 are also available on the
Manitoba Laws website. Municipal acts are public acts that apply to municipalities. Private acts are not of general application; they confer powers or special
rights or exemptions on specific individuals or groups.

9. Other Unofficial Consolidations


Unofficial consolidations of the law available in print and online include statute
consolidations on LexisNexis Quicklaw, Westlaw Canada, and CanLII, as well as
annotated statutes collected by law libraries. These unofficial consolidations can
be consulted in the initial stages of research; however, research should be completed by consulting the official source prior to relying on the legislation in legal
proceedings.

10. Citation of Manitoba Statutes


Section 39 of The Interpretation Act 25 specifies the approved citation format:
In an Act, regulation or other document, an Act may be cited by referring
to any of the following:
(a) its English or French title, or its long title if there is one, with or
without a reference to its chapter number;
(b) the chapter number in the continuing consolidation or in the
Revised Statutes;
(c) the chapter number in the statute volume for the year or the regnal
year in which it was enacted.

23 <http://web2.gov.mb.ca/laws/statutes/index_muni.php>.
24 <http://web2.gov.mb.ca/laws/statutes/index_priv.php>.
25 SM 2000, c26, CCSM cI80.

Researching Provincial Legislation: Manitoba 5-MB:21

The following examples illustrate these rules.

The Partnership Act, RSM 1987, cP30, CCSM cP30.

The Court of Queens Bench Act, SM 1988-89, c4, CCSM cC280.

When referring to a statute as re-enacted in the RSM 1987 or RSM 1988, cite
the RSM 1987 or RSM 1988. If referring to a statute that was included in the RSM
1987 or RSM 1988, which remains in force and is included in the current consolidation, also cite the RSM 1987 or RSM 1988.26
When referring to a statute as enacted in the Statutes of Manitoba, cite the SM.
When referring to a statute that was enacted after the 1987 or 1988 re-enactment,
which remains in force and is included in the current consolidation, cite the SM.

B. Locating and Updating Revised and Consolidated


Manitoba Statutes: Print and Online
Task MB.6

Locating Revised and Consolidated Manitoba Statutes


NB: The following discussion is current to 1 August 2013. Once The Statutes and
Regulations Act comes into force, statutes published on the Manitoba Laws
website will become an official source of law.
1. Locating historical revisions of statutes using official print sources

Locate the RSM 1970 in the library. The range of chapters included in each
volume is indicated on the spine of each volume.

2. Locating current consolidations of statutes using unofficial print sources

Locate the CCSM volumes in the library.

Locate the statute in volume 26 of the CCSM, in the information table, Acts
in the Continuing Consolidation of the Statutes of Manitoba. Note the
CCSM chapter number and locate it in the appropriate volume. The range
of CCSM chapters included in each volume is indicated on the spine.

26 Canadian Guide to Uniform Legal Citation, 7th ed (Toronto: Carswell, 2010) [McGill Guide] at
ch2.1.11 states, Citations are presumed to be to the statute as amended on the date of publication.

5-MB:22 The Comprehensive Guide to Legal Research, Writing & Analysis


3. Locating current consolidations of statutes using unofficial online sources

Go to the Manitoba Laws website, <http://web2.gov.mb.ca/laws/>, and


select Continuing Consolidation of the Statutes of Manitoba (C.C.S.M.) (or
Municipal Acts or Private Acts).

Choose the statute from the alphabetical list of statutes. If only the citation
for an act is known, a simple search function is available.

Review the currency note provided in the upper left corner of the statute
to ensure that the consolidation is up to date.

Update the statute to the present date using the steps provided later in
this chapter.

4. Locating current consolidations of statutes using other unofficial online


sources

Unofficial consolidations of statutes are available online in the following


sources:
CanLIIDatabase name: Consolidated Statutes of Manitoba
LexisNexis QuicklawSource name: Manitoba Statutes
Westlaw CanadaDatabase name: Manitoba Statutes

C. Locating Amendments
Update the statute to the most recent version by determining the statutes amendment status.

1. Amendment Information Line: Online Consolidation


or Print CCSM (Unofficial)
Task MB.7

Using the Amendment Information LineOnline Consolidation


or Print CCSM (Unofficial)
Determine amendments to The Employment Standards Code, SM 1998, c29, s60.

Locate the statute section using an online consolidation such as the Manitoba
Laws website or other legal database (CanLII, LexisNexis Quicklaw, or Westlaw
Canada). The Re-enacted Statutes of Manitoba do not include an amendment
information line. Earlier revisions include this information beneath the statute
section.

Researching Provincial Legislation: Manitoba 5-MB:23

Review section 60. Find the information line at the bottom of the statute
section in the CCSM: SM 2000, c49, s6; SM 2003, c7, s4; and SM 2006, c26,
s26. Section 60 of The Employment Standards Code, enacted by SM 1998, c29,
was amended by SM 2000, c49, s6 and amended again by SM 2003, c7, s4.
This section was most recently amended by SM 2006, c26, s26.

If using LexisNexis Quicklaw, note that the information line indicates the
amended provision, its CIF date, and the authority that brought it into force.

Locate and review the amending statutes. Note the CIF date for relevant
amendments.

2. Use the Information Tables: Online and Print


a. Information Tables: Continuing Consolidation of
the Statutes of Manitoba and Sessional Volumes
of the Statutes of Manitoba

The information tables in the CCSM provide citations to amending statutes


and the proclamation status for provisions that come into force by proclamation. Consult amending acts to determine CIF dates for provisions not
subject to proclamation.
The information table contains a list of statutes in force on the date that the
table was compiled. The table contains the amendment history of statutes
enacted between the date of the last revision and the date of publication of
the information table. Since the information table is based on the previous
revision, it is only of assistance to identify amendments that have been
enacted since the last revision. For earlier amendments, consult the previous RSM and the information tables for the subsequent years.
The information tables located in volume 26 of the CCSM include a list of
Manitoba statutes, citing the original enactment and amendments since the
last revision. An information table is available for each of the following:
acts in the CCSM
public general acts not in the CCSM
municipal acts not in the CCSM
private acts

5-MB:24 The Comprehensive Guide to Legal Research, Writing & Analysis


b. Information Table in the CCSM in Print

Task MB.8

Using the Information Table (CCSM) in Print


to Find Amendments
Find the amendment history for The Employment and Income Assistance Act, RSM
1987, cS160, CCSM cE98.

Locate the information table, Acts in the Continuing Consolidation of the


Statutes of Manitoba (CCSM), in volume 26 of the CCSM.

Review the amendment history for the Act.

Consult the CIF provisions of individual amending acts to determine the CIF
dates for specific sections.

c. Information Table in the Sessional Statutes


of Manitoba Volumes in Print

The information table, Acts in the Continuing Consolidation of the Statutes of


Manitoba, is also available at the back of each volume of the Statutes of Manitoba.
It includes acts that were in force on 31December of the relevant year and acts
enacted that year that were not yet in force on that date. Consult the information
table in a volume from the appropriate year to ensure that all amendments to an
act for the relevant time period are identified. Note the CIF dates for specific
sections to ensure that the version consulted is updated to the relevant date.
d. Information Tables on the Manitoba Laws Website

The information tables are also available on the Manitoba Laws website. The portion of the table for a particular act can be accessed directly from the text of the
act. When viewing an act, look for the information table link in the upper right
corner. Alternatively, when viewing the list of acts in the CCSM online at <http://
web2.gov.mb.ca/laws/statutes/index_ccsm.php>, select the Info button to display
the information table for that act.
The currency statement appears at the top of the list of acts, as well as at the top
of individual acts. If an act is not up to date, locate the act in the information table
and consult the recent amendments. Consult the Proclamation status column
to determine whether the amending act or sections of the amending act are in
force. CIF dates are only noted in the information table for provisions that come
into force by proclamation. Consult the CIF provisions of individual amending
acts to determine the CIF dates for specific sections.

Researching Provincial Legislation: Manitoba 5-MB:25


Figure MB.2 Information TableOnline

D. Updating Manitoba Statutes


1. Manitoba Laws: Online
When consulting an act on the Manitoba Laws website, note the currency statement in the upper left corner of the act. The acts in the online consolidation are
generally updated to within one week of the current date. Consult the information
table for the act to check for amending acts and proclamations.
To update statutes online:
Obtain a copy of the current consolidated version of the statute from the
Manitoba Laws website and note the currency statement.
Check the information table to identify recent amendments that may be in
force. If an act or sections of an act came into force upon proclamation, the
Proclamation status column provides the proclamation date with a reference to the issue of The Manitoba Gazette, PartII in which the proclamation was published. If a date is not provided in this column, the act or
sections of the act come into force in a manner other than by proclamation.
Check the CIF provisions in the last section of individual acts to determine
if any such sections are in force.
Check recent issues of The Manitoba Gazette, PartI for proclamations subsequent to the currency date of the Manitoba Laws website:
If there have been no issues of The Manitoba Gazette, PartI published
since the Manitoba Laws currency date, the updating process is complete.

5-MB:26 The Comprehensive Guide to Legal Research, Writing & Analysis

If an issue of The Manitoba Gazette, PartI has been published since the
last update of the information table, obtain a copy of The Manitoba
Gazette and check for a recent proclamation.
If a new proclamation is found bringing into force a statute that amends
the required statute, obtain a copy of the enacted statute. On the Legislative Assembly of Manitoba website at <http://web2.gov.mb.ca/bills/>,
obtain a copy of the recently enacted and proclaimed statute. Review the
statute to see whether it amends the section of the act. Consult the
recently proclaimed sections of the amending statute alongside the consolidated version of the act to ensure that the sections currently in force
are identified.
NB: Between 1989 and 2007, each issue of The Manitoba Gazette, PartI included
a list entitled Acts and Parts of Acts Proclaimed; it was a cumulative listing of acts
and parts of acts proclaimed in whole or in part effective on or after 1January of
that year. As of January 2008, the cumulative list is available on the Manitoba Laws
website at <http://web2.gov.mb.ca/laws/statutes/index_procs.php?map=on> and
is published in The Manitoba Gazette, PartI only at the end of the year. Proclamations of acts and parts of acts continue to be published in PartI of The Manitoba
Gazette. However, once in force, The Queens Printer Act will repeal The Public
Printing Act. As a result, the responsibilities of the Queens Printer will be updated.
Consult the statute for details of the changes made to the publication of The
Manitoba Gazette and its contents.

2. Revised Statutes of Manitoba and Re-enacted


Statutes of Manitoba
For historical versions of the Revised Statutes of Manitoba or the Re-enacted Statutes
of Manitoba, the act that brought the revision into force will indicate that the revision has the force of law. For example, the Re-enacted Statutes of Manitoba came
into force on 1February 1988 as provided by the proclamation dated 6February
1988 (MGaz I, vol117, no6, at 151). Similarly, the Revised Statutes of Manitoba,
1970 came into force on 1June 1970, the date specified in section 3(2) of The Revised Statutes of Manitoba, 1970, Act, which received royal assent on 23April 1970.
Once the revision came into force in accordance with section 3(2) of The Revised
Statutes of Manitoba, 1970, Act, all sections were in force.

Researching Provincial Legislation: Manitoba 5-MB:27

3. Continuing Consolidation of the Statutes of Manitoba


When referring to a statute as it appears in the online Continuing Consolidation of
the Statutes of Manitoba on the Manitoba Laws website, there should be no need to
check whether the statute or a specific section is in force. Care should be taken
to ensure that an updated version is being consulted on the days immediately after
amendments come into force in the event that the recent amendments are not yet
reflected in the online consolidation.
The loose-leaf version of the CCSM is updated only once annually; therefore,
consult the online information table to check for amendments that may have
come into force after the date of the last loose-leaf update.

E. Locating Prior Versions of Statutes


Not all legal issues require analysis of the current version of an act. Sometimes,
locating the act as it appeared at a particular point in time is required. Point-intime (PIT) research determines the version of a statute in force on the occurrence
of a specific event. To undertake PIT research:
Assess the facts to determine the date of the relevant event; generally, the
version of the law that was in force on the date(s) that the event occurred
governs.
There are exceptions; therefore, review the relevant statute, as well as relevant
interpretive statutes. Once the applicable time frame has been determined,
unless otherwise stated in the act itself or in The Interpretation Act,27 the law
that governs the matter is the version of the law that was in force on the
date(s) in question.
Once the relevant date or time frame has been determined, locate the version
of the act as it appeared at the relevant point in time.

27 SM 2000, c26, CCSM cI80; see sections 46 and 47 for the effects of amendments and repeals.

5-MB:28 The Comprehensive Guide to Legal Research, Writing & Analysis

1. Manitoba Laws Website: OnlineUnofficial


Task MB.9

Conducting Point-in-Time Research: Manitoba LawsOnline

The Manitoba Laws website provides archived consolidations of acts amended


during the 39th Legislature, 3rd Session (2009) and later. If an act was
amended during this time, the last consolidation before the amendment is
available online.

If an act has not been amended since this 2009 legislative session, an earlier
consolidation of the act is not available on the Manitoba Laws website. For this
reason, there are no earlier versions available for some acts, while multiple
earlier versions are available for other acts amended several times since 2009.

Locate the required statute on the Manitoba Laws website. In the upper left
corner of the first page of an act, locate Go to an earlier version for the list of
available consolidations and choose the preferred earlier version, e.g. see The
Securities Act on the Manitoba Laws website. Once The Statutes and Regulations
Act comes into force, statutes published on the Manitoba Laws website will
become an official source of law.

Researching Provincial Legislation: Manitoba 5-MB:29

2. CanLII: OnlineUnofficial
Task MB.10

Conducting Point-in-Time Research: CanLIIOnline


Locate The Consumer Protection Act as it appeared on 16 September 2010.

Locate the statute on the CanLII website. From the results list, choose Current
Version: in force since to view the current consolidation. Review the list of
available archived versions and choose the correct version.

3. Creating a Prior Version of a Statute from the


RSM 1987 or Later: OnlineUnofficial
Locating online prior consolidations on the Manitoba Laws website is possible only if the statute was enacted in the RSM 1987 or RSM 1988 or later
and was amended after the 2009 legislative session above. For municipal
and private acts or acts that have not been amended since 2009, the print
version of the Statutes of Manitoba, the Revised Statutes of Manitoba, the
Re-enacted Statutes of Manitoba, and their finding aids must be used to
compile earlier versions of statutes.
A combination of print and online sources is required to complete this type
of historical research depending on the online coverage provided.

5-MB:30 The Comprehensive Guide to Legal Research, Writing & Analysis

Task MB.11

Creating an Earlier Version of a Statute


Locate The Personal Health Information Act, SM 1997, c51, CCSM cP33.5,
section14(2) as it appeared on 18November 2010.

Determine the amending statutes by locating a copy of the statute section as it


appears in the current consolidation on the Manitoba Laws website. Note the
amending information at the bottom of section 14(2): SM 2004, c 36, s3;
SM2008, c 41, s8; SM 2010, c 33, s46; SM 2011, c 35, s 37.

When a statute section is based on a statute enacted after the RSM 1987 and
RSM 1988, this consolidation of the statute is based on the statute section as
enacted. In this example, the consolidation of section 14(2) is based on the
section as enacted in SM 1997, c51, s14(2).

Determine the amending statutes that were in force on the relevant date.
From the list of citations to amending statutes, select which amending statute
might be the last one prior to the relevant date. Since the relevant date is
18November 2010, presume that the following amendments may have been
in force on the relevant date: SM 2004, c36, s3; SM 2008, c41, s8; SM 2010,
c33, s46. However, the following amendment was not in force on the relevant
date: SM 2011, c35, s37.

To ensure that the statement above is correct, check the CIF information for
SM2010, c33, s46 to determine whether that particular amendment was in
force on the relevant date.

To check CIF information for statutes that have amended other statutes, go to
the information table online via the Manitoba Laws website, which provides
proclamation dates for statutes in the RSM 1987 and RSM 1988 and other acts
in the CCSM, and follow these steps:
From the list of acts in the CCSM on the Manitoba Laws website, choose the
Info button to the right of the name of the relevant act. Alternatively, choose
the link to the act and then the information table link in the upper right
corner of the act.
The information table provides a list of statutes that have amended an act
since the RSM 1987 or the subsequent enactment date up to the currency
date provided.
Review the list of statutes and their proclamation status. Note that the CIF
date is only provided for provisions in force on proclamation. The CIF dates
for statutes coming into force by other means must be determined by
consulting the CIF provisions of the statute. The list of citations provided in
the amendment information line at the bottom of section 14(2) of The Personal
Health Information Act will appear in this information table, as well as other
amending statutes that did not affect this particular section number.

Researching Provincial Legislation: Manitoba 5-MB:31


Choose the link to the relevant amending statutes and review the required
CIF provisions. Note the CIF date and the CIF authority for future reference. In
this example, look for CIF information for SM 2010, c33, s46. The information
table indicates that the section did not come into force upon proclamation;
therefore, check the CIF information in the Act. The CIF information in the
final section of SM 2010, c33 indicates that the relevant section came into
force upon royal assent (17June 2010).
Thus, for this example, the version of The Personal Health Information Act, SM
1997, c51, CCSM cP33.5, section 14(2) as it appeared on 18November 2010
is a consolidation of these statute sections: SM 2004, c36, s3; SM 2008, c41,
s8; and SM 2010, c33, s46.

Compile the prior version.

Because SM 1997, c51, s14(2) originated this section, begin by providing an


official copy of the statute section as it appeared in SM 1997, c51. Copy each
relevant statute section which amended this section since SM 1997 and
provide a complete citation for each amending statute.

Review the proclamation or CIF information for each amending statute section
to ensure that the correct dates were identified.

Alternatively, consult Canadian Current Law: Legislation Annual and its monthly
supplement, Canadian Current Law: Legislation.28 The section Statutes Amended,
Repealed or Proclaimed in Force can be used to trace the legislative history of
statutes.
28 (Toronto: Carswell, 2011).

5-MB:32 The Comprehensive Guide to Legal Research, Writing & Analysis

F. Compiling a Legislative History: Backdating a Statute


Locating the originating (parent) act may be necessary to determine the legislative intent that resulted in the creation of a statute. Historical legal research of
this nature, which entails backdating a statute to its point of inception, is required
when interpreting the purpose and meaning of legislation, such as assessing its
constitutional validity.
Locating previous versions of statutes by working backward from the most
current consolidation is also known as backdating. When the relevant date falls
between RSM 1987 and the present, use online sources for backdating. Consult
the print sessional volumes for statutes before that time.

1. Backdating to Find the Legislative History


To determine the intent of the drafters of the legislation, locate the originating
(parent) act.
a. Locating an Originating (Parent) Act Using Official Sources

Task MB.12

Locating an Originating (Parent) Act: Official


Locate the originating act of The Guarantors Liability Act, RSM 1987, cG120, CCSM
cG120.

In the Statutes of Manitoba, 1986-87 volume (the volume prior to the


re-enactment of the Act), consult the List of Statutes in Continuing
Consolidation of the Statutes of Manitoba: Includes Revised Statutes of
Manitoba, 1970 and Public General Acts Enacted Since 1970. Locate the title of
the act and note the chapter and enactment dates of The Guarantors Liability
Act. The act upon which the consolidation is based is RSM 1970, cG120.

Frequently, the citation will refer to the RSM 1970; however, if the act was
enacted or replaced between RSM 1970 and RSM 1987, a citation to the act as
enacted in the Statutes of Manitoba is provided. In this case, The Guarantors
Liability Act as consolidated in the RSM 1987 was based on the Act as it
appeared in RSM 1970, cG120.

Locate the statute as it appears in RSM 1970, cG120. Check the first section of
the Act, which provides the citation and reference to the original enactment:
SM 1965, c30.

If the reference in section 1 of the Act had been to the previous Revised
Statutes of Manitoba, 1954, it would be necessary to refer to the RSM 1954 and

Researching Provincial Legislation: Manitoba 5-MB:33


repeat the previous step until provided with a citation to the Statutes of
Manitoba (SM).
In this example:

Consulted

Referred to

List of Statutes in Continuing Consolidation of


the Statutes of Manitoba in the SM 1986-87
sessional volume

RSM 1970, cG120

RSM 1970, cG120

SM 1965, c30

Review SM 1965, c30. A statute enacted in the SM either creates a new act or
amends or repeals a previous act. References to amendments and repeals are
made in the first few sections of an act or in the final sections. In this example,
SM 1965, c30 does not repeal another statute.
Consulted

Referred to

SM 1965, c30

No reference to an amendment or repeal.


Anew act is created.

To determine the intent of the enactment once the parent act is located, consult
the debates from the legislative session in which the statute was enacted.

b. Locating an Originating Statute Section


Using Official Sources

Task MB.13

Locating an Originating Statute Section: Official


Locate the statute that originated section 10(6) of The Ecological Reserves Act, RSM
1987, cE5.

Consult the List of Statutes in Continuing Consolidation of the Statutes of


Manitoba: Includes Revised Statutes of Manitoba, 1970 and Public General Acts
Enacted Since 1970 in SM 1986-87. Locate the title of the Act and note the
chapter and enactment dates of The Ecological Reserves Act. The reference
provided is SM 1980-81, c24.

Review SM 1980-81, c24. Note that section 10(6) regarding powers of seizure
did not exist upon enactment in SM 1980-81, c24.

5-MB:34 The Comprehensive Guide to Legal Research, Writing & Analysis

Check the Amendments column of the List of Statutes in Continuing


Consolidation of the Statutes of Manitoba. Note that the Act was amended by
SM 1985-86, c41.

Locate SM 1985-86, c41, An Act to Amend the Ecological Reserves Act. Review
the amendments. A new provision, section 9.1(6), regarding powers of seizure,
was added. Since this section is being added, assume that this is the
originating enactment.

Locate the CIF information for section 1 of SM 1985-86, c41. Section 2 states:
This Act comes into force on the day it receives the royal assent. Locate the
date of royal assent.

An Act to Amend the Ecological Reserves Act, SM 1985-86, c41 is the originating act,
which came into force on 11July 1985 in accordance with section 2 of the Act.

2. Compiling a Legislative History


Key components of a legislative history include:
bill number and bill title
legislature and session number
sponsor (minister or other MLA introducing the bill)
dates of first reading, second reading, and third reading, and the corresponding page number for each in the Debates (optional)
name of the committee to which the bill was referred, how it disposed of
the bill, and the corresponding page numbers in the Debates
citation to the committee report
date of royal assent
date of coming into force and by what authority (including, where relevant,
the citation to The Manitoba Gazette, PartI issue in which the proclamation was published)
citation of the act in the Statutes of Manitoba
copies of the Debates and committee reports if relevant

Researching Provincial Legislation: Manitoba 5-MB:35

Task MB.14

Finding the Status of a Bill Currently or Recently


Before the Legislative Assembly
When Bill Number and Title Are Known

Go to the Legislative Assembly of Manitoba Bills page at <http://web2.gov


.mb.ca/bills/>, and choose the relevant session from the left menu.

Choose the Status of Bills link in the upper right corner to view the chart and
the summary provided for the bill.

When Bill Number and Title Are Unknown

Go to the Legislative Assembly of Manitoba Bills page at <http://web2.gov.mb


.ca/bills/>. Select Search the Bills on the left menu, and choose the appropriate
legislative session from the drop-down menu.

Conduct a word search within the title or text of the bill. Choose the desired
bill from the results list.

To check the bills status, choose the link to the appropriate legislative session.
From the list of bills introduced in that session, links to both the bills text and
the statute, including its citation, are provided.

To view the bilingual PDF of the statute as enacted, choose the SM citation and
the Bilingual (PDF) link on the following page.

Choose the link to the Status of Bills. The Status of Bills chart indicates the
stages of bills in the Legislature and provides committee information, the date
of royal assent, and the method of coming into force.

To view the Debates that occurred as the bill passed through the Legislature,
go to <http://www.gov.mb.ca/legislature/hansard/>. If the debate date is
known, choose either House Debates or Committee Debates and the
relevant date. Alternatively, choose House Index. Details of the legislative
debates with page references are listed in the Index. Links to the PDF version
of the Debates at each particular stage are also provided.

The Debates are available as paginated PDFs. A contents list is available at the
end of each issue of the Debates. Citation information is provided on the title
page. The legislature and session numbers are provided, together with the
volume and issue numbers and date.

Note the relevant page numbers provided at the top of each page for the
speeches made at a particular reading, along with the results of votes on
motions.

5-MB:36 The Comprehensive Guide to Legal Research, Writing & Analysis


What is the status of Bill 33, The Pension Benefits Amendment Act (39th Legislature,
5th Session)?
The bill received royal assent on 16June 2011. The Pension Benefits Amendment Act
came into force on 1January 2012, the date specified in section 14 of SM 2011, c23.
SAMPLE LEGISLATIVE HISTORY
Bill number: 33
Title of bill: The Pension Benefits Amendment Act
Introducing member: Howard, Hon Ms, Minister of Labour and Immigration
Legislative session: 39th Legislature, 5th Session
Progress:

Date

Location in the Debates

First reading

30 May 2011

2369

Second reading

8 June 2011

2655

Debates on second reading

8 June 2011

2655

Concurrence and third reading

16 June 2011

2984

Royal assent

16 June 2011

2994

Stage

Enacted as: SM 2011, c23


In force: 1 January 2012
By what authority: SM 2011, c23, s14

Researching Provincial Legislation: Manitoba 5-MB:37

Task MB.15

Finding the Status of a Bill for Statutes Passed After 1999:


Legislative Assembly of ManitobaOnline
Provide a legislative history for The Fair Registration Practices in Regulated Professions
Act, SM 2007, c21.

To find the enacted version of the statute on the Manitoba Legislative Assembly
website, go to <http://web2.gov.mb.ca/bills/>. Choose the appropriate
legislative session and locate the statute. This listing includes the bill and the
citation. The Act was introduced as Bill 19, The Fair Registration Practices in
Regulated Professions Act. The date of royal assent is 8November 2007.

Choose the Status of Bills link. The Status of Bills chart provides the stages,
committee information, date of royal assent, and method of coming into force.

5-MB:38 The Comprehensive Guide to Legal Research, Writing & Analysis

Task MB.16

Finding the Status of a Bill Using Print Resources:


Debates and Proceedings (Hansard)
Consult print sources for statutes enacted prior to 2003; earlier Debates indexes
are not online.

Find the statute in the sessional volumes of the Statutes of Manitoba. Note the
legislature and session number on the title page of the sessional volume.

Locate the Index of the Legislative Assembly of Manitoba Debates and


Proceedings for the legislature and session number during which the statute
was enacted.

Locate the entry for the statute as enacted in the Index. The bill number
follows the name of the act.

Bill status information is provided, including stages and page numbers in the
Debates for that session. Dates are not provided. To determine the dates of the
bills passage, consult the relevant page numbers.

Researching Provincial Legislation: Manitoba 5-MB:39

Task MB.17

Finding the Status of a Bill: Journals of the


Legislative Assembly of ManitobaPrint

Find the statute in the sessional volumes of the Statutes of Manitoba. Note the
legislature and session number on the title page of the sessional volume. Use
these numbers to locate the relevant issue of the Journals of the Legislative
Assembly of Manitoba.

Locate the bill number or name of the statute as enacted in Appendix D: Bills
Dealt with in the House, located in the Index to the Journals for the relevant
session. This table provides the bill number, title, sponsor name, dates of first,
second, and third reading, committee name, date of royal assent, and method
of coming into force. The Appendix D table for each session is the same as that
provided on the Legislative Assembly of Manitoba website.

Use the dates provided in Appendix D to locate the relevant Debates. The
Contents list at the back of every issue of the Debates delineates the
proceedings for that day.

Alternatively, locate the name of the act or the bill number in Appendix A:
Public Bills Assented To or Appendix B: Private Bills Assented To, which are
located in the Index to the Journals. Status information is provided. Page
numbers in the Debates are not provided; the dates provided must be used to
locate the relevant Debates.

In addition, Canadian Current Law: Legislation provides a summary of the progress


of bills for a particular legislative session.

5-MB:40 The Comprehensive Guide to Legal Research, Writing & Analysis

V. Working with Manitoba Regulations


NB: The following discussion is current to 1August 2013. Once The Statute and
Regulations Act and The Queens Printer Act are brought into force, publication of
a regulation on the Manitoba Laws website will be official notice of the regulation;
regulations will no longer be required to be published in The Manitoba Gazette.
Because regulations detail a statutes practical application, a current consolidated version of a regulation will be required. Occasionally, locating a regulation
as registered using The Manitoba Gazette, PartII may be required.

A. Locating Regulations as Registered: Print and Online


1. Finding Regulations as Registered When the
Citation Is Known: Print MethodOfficial
The Manitoba Gazette, PartII is the official publication of the Manitoba Regulations. Published in print format only, the Table of Contents for each issue lists the
regulations in numerical order. Use the Table of Contents to locate regulations by
title or by Manitoba Regulation number.
To find a regulation when the regulation citation is known, consult the issues
of The Manitoba Gazette, PartII for the relevant year. Regulations are assigned a
number when registered and are published in the order in which they are registered. If The Manitoba Gazette, PartII issue date is known, locate the issue containing the relevant regulation. If the issue date is not known, consult the Table of
Contents on the front page of every issue of The Manitoba Gazette, PartII for the
relevant year to identify the regulations published in a particular issue. The Table
of Contents is organized by regulation number.
A citation to a regulation as enacted is formatted as: Man Reg 128/99.
Thecomponents of the citation are:

Man Reg: Abbreviation for Manitoba Regulation

128:

Document number

99:

Year the regulation was registered

Locate Man Reg 156/92. If the act pursuant to which the regulation is registered is unknown, as in this example, review the Tables of Contents of issues
of The Manitoba Gazette, PartII for 1992. Locate the issue which contains
the range of regulations including Man Reg 156/92. Consult the Table of
Contents to identify the page number on which the regulation begins.

Researching Provincial Legislation: Manitoba 5-MB:41


Figure MB.3 The Manitoba Gazette

In this example, regulations 152/92, 153/92, 154/92, 155/92, 156/92, and


157/92 were all published in The Manitoba Gazette, PartII on 22 August
1992. Man Reg 156/92 is located at page 881.
The Index of Regulations Registered Under the Regulations Act and in
Force as of December 31 of the previous year, which is distributed with The
Manitoba Gazette, PartII in January, can be used to locate regulations
when only the title of the enabling act is known. Regulations in force are
listed beneath the enabling act with references to the issues of The Manitoba Gazette, PartII in which the regulations are published.

5-MB:42 The Comprehensive Guide to Legal Research, Writing & Analysis

Task MB.18

Locating Regulations as Registered Using Official Sources:


The Manitoba GazettePrint
Locate the Internet Agreements Regulation, Man Reg 176/2000, made pursuant to
The Consumer Protection Act, RSM 1987, cC200, CCSM cC200.

Consult the Index of Regulations Registered Under the Regulations Act and in
Force as of December 31, 2000 in The Manitoba Gazette, PartII volume for 2000.

Find the enabling statute in the table and review the list of regulations made
pursuant to the statute.

Locate the relevant regulation and note the issue date of The Manitoba Gazette,
PartII (for this example, 30-12-00). Locate the relevant issue of The Manitoba
Gazette, PartII (vol129, no53). Consult the Table of Contents for the page on
which the regulation begins (1714).

Researching Provincial Legislation: Manitoba 5-MB:43

2. Finding Regulations as Registered Using the


Manitoba Laws Website: Unofficial
The Manitoba Laws website provides the text of regulations as registered from
2000 to present. Consolidated versions of regulations in force are available on the
Manitoba Laws website on the Consolidated Regulations page.
To browse regulations:
On the Manitoba Laws website at <http://web2.gov.mb.ca/laws/index.php>,
choose Regulations on the top menu; then choose Unconsolidated Regulations (2000 to 2013) from the drop-down list. Choose the regulation from
the list for the relevant year.
To search regulations:
On the Manitoba Laws website, choose Search from the top menu and then
Search in regulations from the drop-down menu.
Enter one of the following into the Find field enclosed in quotation marks:
Electronic Documents Under Designated Laws Regulation (the title of
the regulation) or 152/2011 (the regulation number).
Select unconsolidated regulations (2000 and later) from the drop-down
list and then Search. The regulation will appear in the results list under the
relevant year.
The Court of Queens Bench Rules and The Court of Appeal Rules are Manitoba
regulations. They are cited as The Court of Queens Bench Rules, ManReg 553/88
and The Court of Appeal Rules, ManReg 555/88. To locate these regulations as
registered or the amending regulations, follow the same method outlined for
other regulations.
NB: The Manitoba Gazette and the Manitoba Laws website are the only sources
providing copies of Manitoba regulations as registered. Westlaw Canada, LexisNexis Quicklaw, and CanLII do not provide this content; they provide consolidated versions of regulations only.

5-MB:44 The Comprehensive Guide to Legal Research, Writing & Analysis

B. How Regulations Come into Force


Unlike statutes, regulations are not reviewed by the Legislature; they are prepared
by public servants employed by regulatory bodies and government ministries.
Unless a regulation states otherwise, regulations come into force upon registration,
in accordance with section 2(2) of The Regulations Act.29 Review its predecessor 30
for instruction on how earlier regulations came into force.
A regulations date of registration can be found beneath the regulation number
published in The Manitoba Gazette, PartII. The date of registration appears in the
same location in the unofficial version on the Manitoba Laws website.

C. How Manitoba Regulations Are Amended,


Consolidated, and Revised
1. Revised Regulations of Manitoba
The Revised Regulations of Manitoba, 1971 consist of seven bound volumes containing the consolidated Manitoba Regulations. The regulations are organized
alphabetically by title of enabling act and regulation title.

2. Re-enacted Manitoba Regulations


Manitoba regulations were re-enacted in bilingual format in accordance with the
Supreme Court order, 1985.31 The Re-enacted Manitoba Regulations are a revision
and consolidation of amendments up to the date of re-enactment. They were
published in The Manitoba Gazette, PartII in 1987 and 1988, identified by the letter
R following the regulation number in the citation, e.g. Corporation Capital Tax
Regulation, Man Reg 67/88R. Regulations registered since the 1988 re-enactment
refer to the regulation number and year in the citation, e.g. Drinking Water Quality Standards Regulation, Man Reg 41/2007. Regulations are numbered in sequence
as registered; the regulation number assigned to Man Reg 41/2007 indicates that
it was the 41st regulation registered in Manitoba in the year 2007.

29 Supra note 11. Note also that The Statutes and Regulations Act repeals The Regulations Act, SM
1988-89, c7, CCSM cR60. Consult this statute for details regarding the publication of regulations.
30 The Regulations Act, RSM 1970, cR60.
31 Supra note 18.

Researching Provincial Legislation: Manitoba 5-MB:45

3. Revised Regulations
Section 14 of The Regulations Act 32 confers authority on the minister responsible
for the administration of the act to appoint a revision officer charged with the
preparation of a consolidation and revision of the regulations. Section 14(4)
grants the revising officer the power to remove repealed and expired provisions,
to revise the numbering and arrangement of the regulations, and to undertake
other revisions.

4. Index of Regulations
Since 1988, an annual Index of Regulations Registered Under the Regulations Act
and in Force as of December 31 is published in January as part of The Manitoba
Gazette, PartII. Regulations are listed beneath the enabling act, showing the base
regulation, amending regulations, and the date of publication in The Manitoba
Gazette, PartII.
Figure MB.4 Index of Regulations

32 Supra note 11. Note also that The Statutes and Regulations Act repeals The Regulations Act, SM
1988-89, c7, CCSM cR60. Consult this statute for details regarding the publication of regulations.

5-MB:46 The Comprehensive Guide to Legal Research, Writing & Analysis

5. Manitoba Regulations Citation


Section 18(2) of The Regulations Act indicates the manner in which regulations
are to be cited:
A regulation may be cited or referred to
1.
by its title; or
2.
as Manitoba Regulation or Man Reg followed by its registration
number.

For regulations as they appeared in the Re-enacted Manitoba Regulations, cite


the re-enacted regulation number, which includes the letter R after the year (e.g.
Man Reg 385/87R). For consolidated regulations available on the Manitoba Laws
website that were included in the Re-enacted Manitoba Regulations, also cite the
re-enacted regulation number. For regulations registered after the regulations
were re-enacted, cite the regulation number as it appears in the regulation with
no additional notation following the year (e.g. Man Reg 77/2001).

6. Consolidated Regulations on the Manitoba


Laws Website: Unofficial
The Manitoba Laws website provides an unofficial current consolidation of regulations at <http://web2.gov.mb.ca/laws/regs/>. This source may be consulted in
the initial stages of research; however, the official source should be used to verify
the base regulations and amendments.
Several other unofficial consolidations of regulations are also available, including the consolidations on Westlaw Canada, LexisNexis Quicklaw, and CanLII.
These consolidations can be consulted in the early stages of research; however, this
research must be verified using official sources.

7. Understanding How Manitoba Revised and


Consolidated Regulations Come into Force
a.Revised Regulations of Manitoba

The last version of the revised regulations published was the Revised Regulations
of Manitoba, 1971. This set came into force on 30December 1973, pursuant to
Order in Council 1308/73 in accordance with section 14(1) of The Regulations Act
of 1970.33 Once the set came into force, all regulations contained therein were in
force.

33 Supra note 30.

Researching Provincial Legislation: Manitoba 5-MB:47


b.Consolidated Manitoba Regulations

As with statutes, if referring to a regulation as it appears in the consolidated regulations collection on the Manitoba Laws website, there should be no need to check
whether the regulation itself or the section relied on is in force. Section 15 of The
Regulations Act 34 provides for the CIF of the consolidation of regulations.

D. Locating and Updating Revised, Re-enacted,


and Consolidated Manitoba Regulations
1. Locating Regulations
a. Locating Historical Revisions of Regulations
Using Official Print Sources

Task MB.19

Locating Historical Revisions of Regulations: OfficialPrint


Locate the Forest Use and Management Regulation, Man Reg 227/88R, registered
pursuant to The Forest Act.

Locate The Manitoba Gazette, PartII, which contains the Re-enacted Manitoba
Regulations.

Locate the 1988 volumes. Consult the Table of Contents of individual issues to
locate the page on which Man Reg 227/88R is located.

34 Supra note 11. Note also that The Statutes and Regulations Act repeals The Regulations Act, SM
1988-89, c7, CCSM cR60. Consult this statute for details regarding the publication of regulations.

5-MB:48 The Comprehensive Guide to Legal Research, Writing & Analysis


b. Locating Current Regulations as Amended When the Title of
the Enabling Act Is Known Using Official Print Sources

Task MB.20

Locating Current Regulations as Amended When the Title


of the Enabling Act Is Known: OfficialPrint
Locate the Community Revitalization Property Designation Regulation, Man Reg
178/2010, registered pursuant to The Community Revitalization Tax Increment Financing Act, SM 2009, c29, CCSM cC166.

Consult the Index of Regulations Registered Under the Regulations Act and in
Force as of December 31 for the most recent year. Locate the title of the
enabling act, The Community Revitalization Tax Increment Financing Act. The
required regulation is listed beneath the title of the enabling act.

Under the Amendments column of the Index, note the regulation numbers
and The Manitoba Gazette, PartII issues in which the amending regulations are
published. Locate the regulation as registered and the amending regulations
in the weekly issues of The Manitoba Gazette, PartII.

Review the weekly issues of The Manitoba Gazette, PartII published since the
last Index of Regulations Registered to check for any additional amending
regulations registered.

Researching Provincial Legislation: Manitoba 5-MB:49


c. Locating Current Consolidations of Regulations
When the Title of the Enabling Act Is Known Using
Unofficial Online Sources

Task MB.21

Locating Current Consolidations of Regulations When the Title


of the Enabling Act Is Known: UnofficialOnline
Locate the Heritage Sites Designation Regulation, Man Reg 122/88R, made pursuant
to The Heritage Resources Act, SM 1985-86, c10, CCSM cH39.1.

On the Manitoba Laws website, choose Consolidated Regulations. The


Consolidated Regulations of Manitoba table provides an alphabetical list of
enabling acts with their associated regulations.

Locate The Heritage Resources Act in the table to view the associated regulations.

Choose 122/88R from the Consolidated Regulations column to view the text
of the Heritage Sites Designation Regulation. Review the currency statement (at
the bottom of the first page of the regulation). It lists the amending
regulations that are included in the consolidation. Note the last regulation
included in this list and return to the Consolidated Regulations of Manitoba
table. Check the Amendments column of the table and note any additional
amending regulations that have not yet been consolidated. If there are
additional amending regulations, consult them separately alongside the
consolidated regulation and determine the CIF information for the recent
amending regulations.

5-MB:50 The Comprehensive Guide to Legal Research, Writing & Analysis


d. Locating Current Consolidations of Regulations When
Only the Title or Citation to the Regulation Is Known:
OnlineUnofficial

Task MB.22

Locating Current Consolidations of Regulations When Only the


Title or Citation to the Regulation Is Known: OnlineUnofficial
Locate the Offence Notices Regulation, Man Reg 210/2003.

On the Manitoba Laws website, under Search, choose Search in regulations.


Choose consolidated regulations from the drop-down list. Enter either the title
of the regulation or its citation in the Find field: e.g. Offence Notices
Regulation or 210/2003.

Choose the desired regulation from the results list. The current consolidated
version of Man Reg 210/2003, which includes the amendments in force to date,
is displayed.

Review the currency statement (at the bottom of the first page of the
regulation) to ensure that the consolidation includes all amending regulations.
Check the Consolidated Regulations of Manitoba table on the website. If there
is an amendment listed in the Amendments column which does not appear on
the list of amendments included on the first page of the consolidation, locate
this amending regulation.

e. Locating Current Consolidations of Regulations:


Other SourcesOnline: Unofficial

Unofficial consolidations of regulations are available online in the following


sources:
CanLIIDatabase name: Statutes and Regulations of Manitoba
LexisNexis QuicklawSource name: Manitoba Regulations
Westlaw CanadaDatabase name: Manitoba Regulations

Researching Provincial Legislation: Manitoba 5-MB:51

2. Determining Regulation Amendment Status Using


the Amendment Information Line: Online
Task MB.23

Determining Regulation Amendment Status Using


the Amendment Information Line: Online
Locate the Image Capturing Enforcement Regulation, Man Reg 220/2002, section8,
made pursuant to The Highway Traffic Act.

Locate the desired regulation section using the online consolidation on the
Manitoba Laws website or other legal databases such as LexisNexis Quicklaw,
Westlaw Canada, or CanLII.

Review the section. At the bottom of the section of the regulation, note the
amendment information line in which the following appears: Man Reg 46/2012.

Section 8 of the Image Capturing Enforcement Regulation, Man Reg 220/2002,


made pursuant to The Highway Traffic Act, was amended by Man Reg 46/2012.

The Quicklaw amendment line states: Man. Reg. 46/2012, s.7, effective April
30, 2012 (Man. Gaz. Pt.II, Vol.141, No.19, p.237). This amendment information
line provides the section number of the amending regulation and provides the
CIF date with reference to The Manitoba Gazette issue.

If necessary, locate and review the amending regulations. Note the CIF
information for any relevant amendments identified.

3. Updating Manitoba Regulations


On the Manitoba Laws website, choose Regulations from the top menu.
Choose the consolidated version of the required regulation. Review the
currency statement at the bottom of the first page of the consolidated regulation. The statement lists the regulations that are included in the consolidation. Note the last regulation included in this list and return to the
Consolidated Regulations of Manitoba table.
Check the Amendments column of the Consolidated Regulations of Manitoba table for the required regulation. If there are amendments listed in
this column that are not included in the currency statement in the consolidated regulation, consult the amending regulations individually via the
links provided. Consultation in this manner is rare, as the consolidated
regulations on the Manitoba Laws website are updated frequently.

5-MB:52 The Comprehensive Guide to Legal Research, Writing & Analysis

E. Locating Prior Versions of Regulations


The consolidated version of a regulation is most often required; however, there
may be occasions when a previous version is required. Point-in-time research
starts by determining the relevant date.
Since the publication of the Re-enacted Manitoba Regulations in 1987 and 1988,
an Index of Regulations Registered Under the Regulations Act and in Force as of
December 31 is published as a table in The Manitoba Gazette, PartII in January
every year. It includes an alphabetical list of regulations by enabling act and indicates all amending regulations that were in force as of the currency date.
The Manitoba Laws website does not provide prior consolidated versions of
regulations. Quicklaw and Westlaw Canada also do not provide PIT consolidations of Manitoba regulations.
a.Online: CanLII (Unofficial)

Locate the required regulation on the CanLII website at <http://canlii.org/


en/mb/laws/>.
Review the list of versions at the top of the page to locate the version which
includes the relevant date. Consult the version in force on the relevant date.
b.Using Online Unofficial Sources to Create a Prior Version of
a Regulation Registered Between 2000 and the Present

Regulations registered since 2000 are available in full text on the Manitoba Laws
website; therefore, it is possible to electronically create prior versions of regulations registered since 2000.

Researching Provincial Legislation: Manitoba 5-MB:53

Task MB.24

Creating a Prior Version of a Regulation: 2000 to the Present


Unofficial: Online
Locate the version of the Drivers Licence Regulation, Man Reg 180/2000, s14(11),
made pursuant to The Highway Traffic Act, that was in force on 28January 2003.
First, determine the regulations that have amended the section of the required
regulation.

Locate a copy of the regulation section as it appears in the current consolidation


on the Manitoba Laws website at <http://web2.gov.mb.ca/laws/regs/index.php>.

Note the amendment information line at the bottom of section 14(11): Man Reg
140/2001; 233/2002; 151/2003; 215/2009; 83/2011. When viewing a section of a
regulation on LexisNexis Quicklaw, Westlaw Canada, and CanLII, the amending
information is provided at the bottom of each section of a regulation.

Second, determine the amending regulations that were in force on the relevant
date.

Consult the list of amending regulations and determine the amending


regulation that may be the last one prior to the relevant date.

Since the relevant date is 28January 2003, these amendments may be


relevant: Man Reg 140/2001 and 233/2002. These regulations will likely not
berelevant: Man Reg 151/2003; 215/2009; and 83/2011.

Check the CIF information for Man Reg 140/2001, Man Reg 233/2002, and
ManReg 151/2003 to determine whether these amendments were in force on
the relevant date.

The date of registration of a regulation on the Manitoba Laws website is found


beneath the regulation number. Examine the CIF information to determine
whether the amending provisions were in force on the relevant date.

Section 13 of Man Reg 233/2002 indicates that the regulation comes into force
on 1January 2003; therefore, these amendments were in force on the relevant
date of 28January 2003. Section 11 of Man Reg 151/2003 states: This regulation
comes into force on the day sections 4, 18, 25, 28 and 29 of The Highway Traffic
Amendment Act, S.M. 2001, c. 19, come into force.

The information table, Acts in the Continuing Consolidation of the Statutes of


Manitoba, indicates in the entry for The Highway Traffic Act that sections 4, 18,
25, 28, and 29 of SM 2001, c19 were proclaimed in force on 1November 2003
(Man Gaz 2003-09-27). Thus, Man Reg 151/2003 was not yet in force on the
relevant date of 28January 2003.

5-MB:54 The Comprehensive Guide to Legal Research, Writing & Analysis

When consulting CIF information for historical regulations, determine whether


regulations came into force on the day they were registered by consulting the
appropriate historical version of The Regulations Act.

Thus, as of 28January 2003, the following regulations comprised section


14(11) of the Drivers Licence Regulation, Man Reg 180/2000, made pursuant to
The Highway Traffic Act: Man Reg 140/2001 and 233/2002. The following
regulations were not relevant because their CIF dates were later than
28January 2003: 151/2003; 215/2009; and 83/2011.

Third, compile the prior version.

To compile the prior version, begin by providing a copy of Man Reg 180/2000
as published in The Manitoba Gazette, PartII. Recall that the online version is
compiled for convenience; the print version of the Gazette is the official version
and should be used.

Copy each amending regulation section with its citation.

Note the date of registration for each amending regulation section to ensure
that only regulations in force on the relevant date are referenced. Provide a
written consolidation of these amendments.

c.Using Print Official Sources to Create


a Prior Version of a Regulation

To locate a prior version of a regulation, consult the print version of The Manitoba
Gazette, Part II, which contains the Re-enacted Manitoba Regulations. Subsequently registered regulations are also published in The Manitoba Gazette, PartII.

Task MB.25

Creating a Prior Version of a Regulation: OfficialPrint


Compile the version of Schedule A of the Employment and Income Assistance Regulation, Man Reg 404/88R, made pursuant to The Employment and Income Assistance Act, as it was on 28June 1991.
First, determine the regulations that have amended the section of the regulation.

Consult the current Index of Regulations Registered Under the Regulations Act
and in Force as of December 31. Locate the entry for the Act. Note that the Act
was formerly The Social Allowances Act as indicated beneath the current name
of the Act. Locate the required regulation and note the regulations that
amended this regulation since re-enactment in 1988 until the relevant date:
533/88; 31/89; 287/89; 233/90; 253/90; 57/91; 108/91; 124/91; 252/91.

Researching Provincial Legislation: Manitoba 5-MB:55

The enabling Act was formerly The Social Allowances Act, CCSM cS160. The 1991
Index contains an entry for The Social Allowances Act, CCSM S160. Locate
Schedule A as it appears in Man Reg 404/88R.

Second, determine which amending regulations were in force on the relevant


date.

Consult each of the amending regulations subsequently registered. Review


them to determine whether they amended Schedule A. The following
regulations amended Schedule A: 533/88; 287/89; 253/90; 108/91; 252/91.

Determine the CIF dates of the above regulations and note the ones that were
in force on the relevant date of 28June 1991. Note the CIF date and the CIF
authority for future reference.

The following regulations were in force on the relevant date: 533/88; 287/89;
253/90.

To find CIF information for Manitoba regulations, use the steps outlined
previously. The date of registration of a regulation is found directly beneath
the regulation number on the first page of the regulation. Consult this date
together with the CIF provisions to determine whether the amendments
affecting the required section were in force on the relevant date.

When consulting CIF information for historical regulations, determine whether


regulations came into force on the day they were registered by consulting the
appropriate historical version of The Regulations Act.

For the example above, the version of Schedule A that was in force on the
relevant date, 28June 1991, comprises the following regulations: 533/88;
287/89; 253/90. Man Reg 108/91 and Man Reg 252/91 are not relevant because
they came into force after 28June 1991.

Third, compile the prior version.

Locate the base regulation, Man Reg 404/88R, and provide a copy of ScheduleA.
Note the CIF information.

Copy each regulation section that subsequently amended Schedule A, and


provide a complete citation for each amending regulation.

Locate the CIF information for each amending regulation section, and provide
a copy of each.

A written consolidation of these amendments may be compiled for research


purposes.

5-MB:56 The Comprehensive Guide to Legal Research, Writing & Analysis

F. Backdating Manitoba Regulations


1. Locating an Originating Regulation Using Official Sources
Task MB.26

Locating an Originating Regulation: Official


Locate the regulation originating the Business Names Registration Regulation, Man
Reg 381/87R, made pursuant to The Business Names Registration Act.

Use the Re-enacted Manitoba Regulations published in The Manitoba Gazette,


PartII in 1987 and 1988, as well as the Revised Regulations of Manitoba, 1971.

Locate Man Reg 381/87R in The Manitoba Gazette, PartII. Note that amending
information lines were not included when the regulations were re-enacted and
published in 1987 and 1988.

Consult the Index of Regulations Registered Under the Regulations Act and in
Force as of December 31, 1986. Note the entry for The Business Names
Registration Act: B110-R1; 1/83; 231/83; and 269/86. This indicates that prior to
the 1987 re-enactment, the base regulation number was Man Reg B110-R1. It
was amended by Man Reg 1/83, Man Reg 231/83, and Man Reg 269/86.

Locate Man Reg B110-R1 in the Revised Regulations of Manitoba, 1971. Note
that amending information lines were not included in the 1971 revision.

Consult the Index from the year before the re-enacted regulations came into
force, Cumulative Table of Regulations and Amendments to End of 1972. Under
The Business Names Registration Act, note the amending regulations in the right
column to identify the citation to the regulation upon which the required one
is based. The entry reads: 84/65; 125/70.

Locate Man Reg 84/65 in The Manitoba Gazette, PartII, vol94, no38
(19September 1965) at 401. Section 12 states that: Manitoba Regulation
86/62 is hereby repealed.

Locate Man Reg 86/62 in The Manitoba Gazette, PartII, vol91, no42
(20October 1962) at 343. Review it to determine whether it repeals another
regulation. If it does not, it is the originating regulation. Note the date of
registration of this regulation: 11October 1962.

The originating regulation is Man Reg 86/62, which was registered on 11October
1962 and published in The Manitoba Gazette, PartII, vol91, no42 (20 October 1962)
at 343.35

35 When consulting previous versions of regulations, earlier versions of The Interpretation Act and The
Regulations Act should be consulted to determine how these regulations are to be interpreted and
applied.

Researching Provincial
Legislation: New Brunswick
Michle LeBlanc, BMus, MSI, bibliothcaire, Bibliothque de droit
Michel-Bastarache, Facult de droit, Universit de Moncton*

NB

Contents
I. How a New Brunswick Bill Becomes a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:3
A.
B.
C.
D.

Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Locating a New Brunswick Statute as Enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating CIF Dates for Statutes: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NB:3
5-NB:4
5-NB:6
5-NB:7

II. How to Track a Bill That Is Currently Before the Provincial Legislature . . . . . . 5-NB:11
III. Official and Unofficial Sources of Legislation: Guide to Legislative
Publications in NewBrunswick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:11
A. Official and Unofficial Sources Described . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:11
B. Guide to New Brunswick Legislative Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:13

IV. Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:15
A. How New Brunswick Acts Are Amended, Consolidated, and Revised . . . . . . . . . . . . . .
B. Locating and Updating Revised and Consolidated New Brunswick Statutes:
Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Understanding How Revisions and Consolidations Come into Force . . . . . . . . . . . . . .
D. Locating Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Updating New Brunswick Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Locating Prior Versions of New Brunswick Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G. Compiling a Legislative History: Backdating a New Brunswick Statute . . . . . . . . . . . . .

5-NB:15
5-NB:17
5-NB:19
5-NB:20
5-NB:22
5-NB:22
5-NB:25

V. Working with New Brunswick Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:31


A.
B.
C.
D.
E.

Locating Regulations as Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


How Regulations Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How New Brunswick Regulations Are Amended and Consolidated . . . . . . . . . . . . . . . .
Locating and Updating Revised and Consolidated New Brunswick Regulations . . . .
Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NB:31
5-NB:34
5-NB:34
5-NB:35
5-NB:38

VI. Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:40

* I would like to thank Kenda Clark-Gorey (NB Legislative Library), Dominique Maubert (Attorney
Generals Office), and Jeanne Maddix (Bibliothque de droit Michel-Bastarache).

5-NB:1

5-NB:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how a New Brunswick provincial bill becomes a statute


Track a bill through the legislative process
Understand how New Brunswick statutes and regulations come into force
Understand the term officialas it applies to legislative materials
Find official versions of New Brunswick statutes and regulations, online
and in print

Understand how laws are enacted, amended, consolidated, and revised


Locate enacted and amended New Brunswick legislation
Understand how to complete point-in-time research
Locate prior versions of New Brunswick legislation
Complete historical legislative research (backdating)
Compile a legislative history
Research Tasks
NB.1
NB.2
NB.3
NB.4
NB.5
NB.6
NB.7
NB.8
NB.9
NB.10
NB.11
NB.12
NB.13
NB.14
NB.15
NB.16
NB.17

Locating the Enacted Version of a Statute:


Print and OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:5
Finding a Specific CIF Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:7
Finding a CIF Date When a Statute Is Silent . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:8
Locating CIF Information for Statutes in Force on Proclamation:
2000 OnOnline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:8
Locating CIF on Proclamation: Print Search . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:10
Tracking a Bill That Is Currently Before the Legislature . . . . . . . . . . . . . . 5-NB:11
Locating Revised and Consolidated Statutes: Print and Online . . . . . 5-NB:17
Locating CIF Information Using the Consolidated Version
of Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:18
Locating the Amendment Information Line . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:20
Using the Table of Public Statutes to Find Amendment
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:21
Conducting Point-in-Time Statute Research . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:23
Creating a Prior Version of a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:24
Locating a Statutes Originating (Parent) Act . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:26
Locating an Originating Act of a Statute Amendment . . . . . . . . . . . . . . 5-NB:27
Formatting a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:29
Constructing a Legislative History2000 On . . . . . . . . . . . . . . . . . . . . . . . 5-NB:30
Finding Regulations as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:32

Researching Provincial Legislation: New Brunswick 5-NB:3

NB.18
NB.19
NB.20
NB.21

Finding Regulations as Filed: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:33


Locating Consolidated Regulations: Online . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:35
Locating Regulation Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:36
Conducting Point-in-Time Regulations Research:
OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:38
NB.22 Creating a Prior Version of a Regulation Manually Using
Official Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NB:38

I. How a New Brunswick Bill


Becomes a Statute
A. Bill Passage Process
All statutes begin as bills, which are scrutinized by the Legislative Assembly of
New Brunswick, or Legislature, before becoming law. The Legislature operates
during legislative sessions, which are identified by a legislature number and a
session number. A session consists of a number of separate sittings, e.g. 54th
Legislature, 2nd Session.
New Brunswick bills are classified as either public bills or private bills. Statutes
of general applicability that relate to public policy begin as public bills. Government bills are public bills introduced by a minister. All other public bills are
designated as private members public bills. Private bills are those that affect a
specific person, corporation, or municipality; they are created to legislate matters
of a private or local matter only.1
Bills are numbered and printed by the Queens Printer prior to dissemination
and must be distributed to every member of the Legislative Assembly (MLA) before second reading occurs. They are also posted on the New Brunswick Legislative
Assembly website: <http://www.gnb.ca/legis/index-e.asp>. To find a bill in print
or online, you need both the bill number and the legislative session number.
At first reading, the bill is added to the agenda for the House and recorded in
the Journals of the Legislative Assembly. At this point, the introducing minister or
MLA introducing the bill may explain the reasons for its proposal. After the bill
is read in the Legislature for the first time, second reading occurs. Debates on second
reading offer MLAs the opportunity to discuss the principles underlying the bill.
1 Legislative Assembly of New Brunswick, Standing Rules, adopted 17 June 1986, last amended
18June 2009, <http://www.gnb.ca/legis/publications/rules-reglement.pdf>, r1. See also
<http://www.gnb.ca/legis/publications/billbecomeslaw/bill2-e.asp>.

5-NB:4 The Comprehensive Guide to Legal Research, Writing & Analysis

The Journal of Debates (Hansard) records the daily comments made by ministers
and other MLAs. To find the debates pertaining to a particular bill, determine the
date that a bill passed through a particular legislative phase. Following debate, a
motion followed by a recorded vote is made. This concludes the second reading stage.
Second reading debate may result in the bill being referred either to a legislative
committee of MLAs or to the Committee of the Whole House, in which case the
House itself becomes the committee, and its debates are noted in Hansard. If the bill
is referred to a legislative committee, the committee first deliberates, then reports
to the Legislative Assembly, possibly with recommendations for amendments.
This is known as the report stage. Committee reports include the opinions expressed in the House during the bills passage, and they may include detail about
the origins of particular sections of the bill. Committee reports are published in the
Journal, available online from 1996 on.2 The print version provides older committee reports not available online.
The next step in the legislative process is third reading. Following third reading, if a majority of MLAs vote in its favour, the bill is enacted as a statute.

B. Locating a New Brunswick Statute as Enacted


After the bills passage, the new statute must receive royal assent before it takes
effect. The signature of the Lieutenant Governor of New Brunswick represents the
Queens assent to the enactment. After royal assent, the statute is published online
on the Attorney Generals Acts and Regulations website. The Clerk of the Legislative Assembly keeps the original (which supersedes all other copies in case of
discrepancies) on file, and then provides a certified copy of the act to the Queens
Printer for publication in the New Brunswick Acts.3
The Attorney Generals Acts and Regulations website is directly accessible at
<http://www2.gnb.ca/content/gnb/en/departments/attorney_general/acts
_regulations.html>. Alternatively, it is accessible from the Government of New
Brunswick website at <http://www2.gnb.ca>. Under the Departments drop-down
menu, choose Attorney General and then go to Acts and Regulations.

2 Go to the Legislative Assembly of New Brunswick website: <http://www.gnb.ca/legis/index-e.asp>.


From the drop-down menu under House Business, select Current Legislature or Past Legislatures.
3 Currently, this process is governed by the Queens Printer Act, RSNB 2011, c214, s4. Note that
when searching in print volumes for statutes as first enacted by the Legislative Assembly of New
Brunswick, at various times they are referenced as either the Statutes of New Brunswick (generally
1828-1908, 1953-1968), New Brunswick Statutes (generally 1909-1917, 1919-1952), or New Brunswick Acts (1972 on). These terms all refer to the Acts of New Brunswick. The Canadian Guide to
Uniform Legal Citation, 7th ed (Toronto: Carswell, 2010) [McGill Guide] uses SNB rather than NBA
or NBS for statute citation.

Researching Provincial Legislation: New Brunswick 5-NB:5

New Brunswick acts are organized by their year of enactment and their chapter
number. This information is found in the statute citation, which can be used to
find the statute in print and, for bills from 2000 on, online.
Midwifery Act, SNB 2008, cM-11.5

Task NB.1

Locating the Enacted Version of a Statute:


Print and OnlineOfficial
Locate the Midwifery Act, SNB 2008, cM-11.5.

Print

Locate the Midwifery Act by its chapter number (M-11.5) in the relevant annual
volume (2008) of the New Brunswick Acts.

The New Brunswick Acts, which were the official publication of New Brunswick
statutes until 2002, are available in many libraries. Statutes are organized by
year and by chapter number. The print versions of annual statutes continue to
be published, but they are no longer the official version of the law; rather, the
print version of the Acts is a reproduction published under a licence
agreement with the Province of New Brunswick.

Online (2000 On)

The online version of the statutes, found in English and French on the
Government of New Brunswick Attorney General website, is now official.

Go to the Attorney Generals Acts and Regulations website. From the main
menu, select Annual Volumes of Acts.

From the list of annual volumes, choose 2008, then locate and select the
chapter number: M-11.5. The resulting PDF of the Act is an official version.

Once enacted, some statutes may be amended; these amendments are then consolidated in an updated version of the statute. The process by which statutes are
amended, revised, and consolidated, and the means of locating these versions of
statutes, is described later in this chapter.

5-NB:6 The Comprehensive Guide to Legal Research, Writing & Analysis

C. How Statutes Come into Force


Once enacted, statutes must come into force before taking effect as law. Determining a statutes coming into force (CIF) date (also known as its effective date) is an
essential component of legislative research.
Statutes as enacted usually provide CIF information in their closing sections.
Some statutes come into force on the date they receive royal assent. If the act is
silent regarding its CIF date, then the entire act comes into force on assent. Statutes that are more complex may require delayed or staggered implementation.
Statutes of this kind will state that they come into force when proclaimed by the
Lieutenant Governor in Council, or on a day specified in the act. Different sections of a statute may come into force on different dates.
To determine the CIF of an act, note the following, as applicable:
the CIF date given in the commencement provision
the authority by which the statute came into forcee.g. by royal assent, on
proclamation, or by some other means
One of the most challenging aspects of CIF research involves determining the
commencement date for those acts whose CIF date is established by proclamation. Because acts that come into force on proclamation do not specify their CIF
date, The Royal Gazette must be examined to locate the date the act comes into
force.4 (See Task NB.4, below.)
CIF: Staggered ImplementationMining Act, SNB 1985, cM-14.1

141(1) Subject to subsection (2), this Act or any provision thereof comes into
force on a day to be fixed by proclamation.
141(2) Section 140 of this Act comes into force on Royal Assent.

When in court, assume that the judge is aware of every statute in force. The
Evidence Act 5 requires that judicial notice be taken of all proclamations that
proclaim an enactment.

4 Section 7(1) of the Queens Printer Act states the following: Publication of proclamations, of official
notices and of all such matters as are ordered by the Lieutenant-Governor in Council to be published, shall be made in The Royal Gazette.
5 See the Evidence Act, RSNB 1973, cE-11, s63(2). However, if proof is required for court purposes,
see s63(1) of the Act.

Researching Provincial Legislation: New Brunswick 5-NB:7

D. Locating CIF Dates for Statutes: Online and Print


There are several approaches you can use to determine CIF information for New
Brunswick statutes. Usually, CIF information can be found in the closing section,
frequently identified as the commencement provision, of a statute as enacted. CIF
information for many statutes, including consolidated statutes currently in force
and statutes recently repealed, is available online.
Locating CIF information depends on the type of research task. When you are
searching for CIF information regarding a statute that you know is in force, the
most efficient method is to use the Attorney Generals Acts and Regulations website. Select Current Legislation - alphabetical, then browse in the alphabetical
listing to find the title of the statute. CIF information is found in the commencement provision, or in CIF notes added at the end of the act.
When you are required to find CIF information for amending statutes, historical versions of statutes, or versions of statutes not currently in force, you may
need to look for this information in the enacted version of the statute. Tasks NB.2,
NB.3, NB.4, and NB.5 explain how to find CIF information for statutes as enacted,
while Tasks NB.7 and NB.8 explain how to find CIF information using consolidated versions of statutes.

1. CIF Date Stated in Commencement Provision


Task NB.2

Finding a Specific CIF Date


Determine when the Condominium Property Act, SNB 2009, cC-16.05 came into force.

Go to the Attorney Generals Acts and Regulations website. Select Annual


Volumes of Acts, then select the year included in the Acts citation: 2009. In the
list provided, locate the Condominium Property Act by its chapter number, then
open the PDF of the Act. Find the commencement provision at section 77,
which states: This Act comes into force on January 1, 2010.

This information can be found in the annual print volumes also (unofficial version).

CIF information note:


The Condominium Property Act, SNB 2009, cC-16.05 came into force on
1January 2010 in accordance with section 77 of the Act.

5-NB:8 The Comprehensive Guide to Legal Research, Writing & Analysis

2. CIF Date on Royal Assent: Use of Interpretive Statutes


Task NB.3

Finding a CIF Date When a Statute Is Silent


If the statute is silent regarding its CIF:

According to the Interpretation Act, RSNB 1973, cI-13, ss3(1)-(2), a statute that
is silent regarding its CIF date, providing no commencement provision, comes
into force on the assent date.

Locate the royal assent date on the first page of the enacted version of any
statute, beneath the statute title.

3. CIF Date on Proclamation: Using Enacted Versions


of Statutes and SchedulesOnline
Task NB.4

Locating CIF Information for Statutes in Force on Proclamation:


2000 OnOnline
Determine when section 20 of the Protected Natural Areas Act, SNB 2003, cP-19.01
came into force.

Go to the Attorney Generals Acts and Regulations website. Select Annual


Volumes of Acts, then the year included in the Acts citation: 2003. In the list
provided, locate the Protected Natural Areas Act by its chapter number: P-19.01.
Open the PDF of the Act.

Find the commencement provision at section 45. It states the following:


ThisAct or any provision of it comes into force on a day or days to be fixed by
proclamation.

To locate the proclamation date for the Protected Natural Areas Act, return to
the Attorney Generals Acts and Regulations website. From the Quick Links
menu, choose Schedules. The resulting schedules, appearing in PDF format,
provide information for all proclamations made between 1973 and the current
year. (The final date in the date range for the schedules will change over time;
it was 30June 2013 at the time of writing.)

The PDF comprises four schedules, with the following titles:


Schedule C: Public Acts and Parts of Public Acts to Be Brought into Force by
Proclamation but for Which No Proclamation Had Been Issued up to June30,
2013

Researching Provincial Legislation: New Brunswick 5-NB:9


Schedule D: Public Acts and Parts of Public Acts Brought into Force by
Proclamation Issued up to June 30, 2013
Schedule E: Public Acts and Parts of Public Acts to Be Repealed by Proclamation but for Which No Proclamation Had Been Issued up to June 30, 2013
Schedule F: Public Acts and Parts of Public Acts Repealed by Proclamation
Issued up to June 30, 2013

Using your browsers or PDF readers search function, search for the Protected
Natural Areas Act. Browse through the listings for this Act in the four schedules
until you find a listing for section 20, in Schedule D. The listing shows that the
provision was brought into force by proclamation. Note the corresponding
effective (CIF) date in the far right column: 30June 2007.

Next, locate the proclamation in The Royal Gazette, either the print or the
online version. To search online, return to the Attorney Generals Acts and
Regulations website and choose Annual Volumes of Acts. From the banner at
the top of the page, select Royal Gazette and browse for the appropriate date
rangei.e. dates close to the CIF date of 30 June 2007. Proclamations are the
first items published in each issue of the Gazette. They may be published
during the month prior to or following the particular acts CIF date; browsing is
necessary. In the case of section 20 of the Protected Natural Areas Act, volume 165
of The Royal Gazette for 13June 2007 provides the proclamation on page 781.

CIF information note:


Section 20 of the Protected Natural Areas Act, SNB 2003, cP-19.01 came into
force on 30June 2007, by proclamation, in accordance with section 45 of
the Act, as evidenced by NB Gaz, vol 165 (13 June 2007) at 781.

Finally, if you need to determine CIF information for a statute newly


proclaimed, locate the proclamation in the most recent issues of The Royal
Gazette. Check the acts commencement provision. An act that is silent
regarding commencement comes into force on royal assent. If the statute
comes into force by proclamation, review Schedules C to F to locate the date of
proclamation (by the steps described above). Then locate the proclamation,
which provides conclusive evidence that the statute came into force.

5-NB:10 The Comprehensive Guide to Legal Research, Writing & Analysis

4. CIF on Proclamation: Using Enacted Versions


of Statutes and SchedulesPrint
When you need to locate historical CIF information that is unavailable online, use
the steps described in Task NB.5 to locate the print version.

Task NB.5

Locating CIF on Proclamation: Print Search


Section 42 of the Protected Natural Areas Act repealed the Ecological Reserves Act, SNB
1975, cE-1.1. When did this precursor legislation to the Protected Natural Areas Act
come into force?

This statute is not available through the Attorney Generals Acts and Regulations
website. You will need to locate the 1975 volume of the New Brunswick Acts and find
the statute by its citation. The statute was assented to on 13June 1975. Section 16,
its commencement provision, states that the Act or any provision of it comes into
force on a day to be fixed by proclamation.

Since the statute was assented to in June 1975, consult the print version of the
schedules in the 1975 annual statutes, which are published in the back of the
annual volumes of the New Brunswick Acts.

Begin searching the annual statutes in the year of the enactment (1975), and
continue searching subsequent volumes until you locate the proclamation date.

In the 1975 volume, reference to the Act is found in Schedule C. Because ScheduleC
includes only those public acts to be brought into force by proclamation but for
which no proclamation had been issued by the specified date, you know that on
31January 1976 the Act had not yet been proclaimed. However, in the 1976
volume, the Act is listed in Schedule D. Since Schedule D references only those
public acts that have been brought into force by proclamation, you can find that its
effective date is 1April 1976.

Locate the proclamation itself by finding the 1976 volume of The Royal Gazette. The
proclamation is found in volume 134 at page 381.

Alternatively, recall from Task NB.4 that the online version of the schedules includes
proclamation information from 1973 on. Since the Ecological Reserves Act was
enacted in 1975, the effective (i.e. CIF) date can also be located by means of the
online version of the schedules.

To use the online schedules for this task, use the steps described in Task NB.4. On
the Attorney Generals Acts and Regulations website, select Schedules from the
Quick Links menu, then use your browsers search function to find the name of the
statutethe Ecological Reserves Act.

The title of the Act is listed alongside its effective date, i.e. 1April 1976. Consult the
print version of The Royal Gazette in order to complete this task, because The Royal
Gazette is not available online before 2000.

CIF information note:


The Ecological Reserves Act, SNB 1975, cE-1.1 came into force on 1April 1976 by
proclamation, as evidenced by NB Gaz, vol 134 (7April 1976) at 381.

Researching Provincial Legislation: New Brunswick 5-NB:11

II. How to Track a Bill That Is Currently


Before the Provincial Legislature
Task NB.6

Tracking a Bill That Is Currently Before the Legislature

Go to the New Brunswick Legislative Assembly website: <http://www.gnb.ca/


legis/index-e.asp>. From the drop-down menu under Legislation on the left
side of the page, select Status of Legislation. The resulting table lists the bills
tabled during the present Legislature.

Select the relevant bill. This will provide a page that includes status
information for the bill, a link to its text at first reading, and, if applicable, the
unofficial text of amendments. The status-of-legislation table is updated daily.

III. Official and Unofficial Sources of Legislation:


Guide to Legislative Publications in
NewBrunswick
A. Official and Unofficial Sources Described
For legislation, an official source is a government publication that is designated by
statute as providing evidence of the law for use in a courtroom.
The New Brunswick Evidence Act, RSNB 1973, cE-11 authorizes the use of the
official provincial Royal Gazette and other publications by the Queens Printer of
New Brunswick as evidence in a courtroom, including the New Brunswick Acts,
the Revised Statutes of New Brunswick, and the New Brunswick Regulations.
The Royal Gazette provides government notices, regulations, and proclamations for statutes.6 The online version of The Royal Gazette, available through the
Government of New Brunswick Attorney General website, is official and currently
offers content from 1January 2000 on. The PDF version provided online can be
used as evidence of New Brunswick regulations and proclamations.7

6 Queens Printer Act, supra note 3, ss3(2), 7.


7 See the Evidence Act, supra note 5, s63.

5-NB:12 The Comprehensive Guide to Legal Research, Writing & Analysis

Queens Printer: Publisher of Official SourcesPrint and Online

The following provisions are from the Queens Printer Act, RSNB 2011, c214:
1. In this Act, publish means to make public by or through any media. 2005,
cQ-3.5, s1.
3(1) The Queens Printer, under the direction of the Attorney General, shall perform
the duties that are assigned to the Queens Printer by law or by the Lieutenant-
Governor in Council.
3(2) The Queens Printer shall publish the Acts of New Brunswick, the regulations
of New Brunswick and The Royal Gazette. 2005, cQ-3.5, s3.

The dissemination of statutes and regulations online is authorized through the


Queens Printer Act.8 The Queens Printer ceased printing the annual volumes of
the New Brunswick Acts and New Brunswick Regulations in 2003. As of that year,
New Brunswick acts and regulations became officially available through the Attorney Generals website. In 2005, the previous version of the Queens Printer Act
was repealed and replaced. Section 1 of the newly enacted Queens Printer Act defined publish to mean to make public by or through any media, which permitted the official dissemination of legislation online. As a result, all legislation
content on the Attorney Generals Acts and Regulations website is now official.
When providing a court with a copy of a statute or of a judicial decision, obtain
it from an official source whenever possible. Sources not designated by statute as
evidence of the law for courtroom use are considered unofficial sources of law.
Most commercial and web-based publications are considered unofficial.
In addition, section 8 of the Official Languages Act, SNB 2002, cO-0.5 establishes that the records, journals and reports of the Legislative Assembly and its
committees shall be printed and published in English and French and both language versions are equally authoritative.

8 Queens Printer Act, supra note 3, ss1 and 3(2).

Researching Provincial Legislation: New Brunswick 5-NB:13

B. Guide to New Brunswick Legislative Publications


Figure NB.1 Guide to New Brunswick Legislative Publications
Publication

Print

Online

Royal Gazette

AVAILABLE: Yes

AVAILABLE: Yes

AUTHORITY: Official

Changing title:

COVERAGE:
1785-present

URL: <http://www2
.gnb.ca> Attorney
Generals Acts and
Regulations website

The Queens Printer


ceased offering the
subscription service to
The Royal Gazette in June
2004. Since then, the
print version is available
upon request only.

11 Royal Gazette and New

Brunswick Advertiser
(1785-1814)

COVERAGE:
2000-present

11 New Brunswick Royal

Gazette (1815-1829)
11 The Royal Gazette

Remarks

(1830-present)
Journals of the Legislative
Assembly of New
Brunswick

AVAILABLE: Yes

AVAILABLE: Yes

COVERAGE:
1786-present

URL: <http://www
.gnb.ca/legis/>
Legislative Assembly
website

Changing title:
11 Journal of the Votes and

Proceedings of the
House of Assembly
(1786-1814)

AUTHORITY:
Government publication

COVERAGE:
1995-present

11 Journal of the House of

Assembly (1815-1892)
11 Journals of the

Legislative Assembly
(1893-present)
Journal of the Legislative
Council of the Province of
New Brunswick

AVAILABLE: Yes

Journal of Debates
(Hansard)

AVAILABLE: Yes

Changing title:
11 Reports of the Debates

of the House of Assembly


(1837/38-1870)
11 Synoptic report of the

Proceedings of the
House of Assembly (or
Legislative Assembly)
(1874-1979)
11 Journal of Debates

(Hansard)
(1980-present)

AVAILABLE: No

The Legislative Council


was New Brunswicks
Upper House. It was
abolished in 1892.

AVAILABLE: No

AUTHORITY:
Government publication

COVERAGE:
1786-1892

COVERAGE:
1837/38, 1852,
1854-present

The Debates can be


found at a local library
once translation is
complete. For recent
Debates that have not
been translated, the
Legislative Library can
provide transcripts in the
language of the floor.
The Debates for 1841 are
also available on
microfilm at the
Provincial Archives.

5-NB:14 The Comprehensive Guide to Legal Research, Writing & Analysis


Publication

Print

Online

Remarks

Reports of the Debates and


Proceedings of the
Legislative Council of the
Province of New Brunswick

AVAILABLE: Yes

AVAILABLE: No

AUTHORITY:
Government publication

Bills

AVAILABLE: Yes

AVAILABLE: Yes

COVERAGE:
1950-present

URL: <http://www
.gnb.ca/legis/>
Legislative Assembly
website

The electronic (PDF)


version of bills at first
reading is official from
30March 2004 to
present.

New Brunswick Acts


(Session laws)

COVERAGE:
1852-1882
(published
intermittently)

COVERAGE:
Legislative histories
available from 53rd
Legislature, 2nd
Session to present;
text of bills at first
reading available
from 53rd Legislature, 3rd Session to
present.

Amendments to first
reading bills online are
available for information
purposes only. Official
copies of amendments
are available upon
request to the Office of
the Clerk of the
Legislative Assembly.

AVAILABLE: Yes

AVAILABLE: Yes

AUTHORITY: Official

COVERAGE:
1786-2002,
official;
2003-present,
unofficial (see
Remarks)

URL: <http://www2
.gnb.ca> Attorney
Generals Acts and
Regulations website

The Queens Printer


ceased printing the New
Brunswick Acts in 2002. A
commercial product is
available from 2003 to
present, but is not an
official copy.

COVERAGE:
2000-present

The electronic version


available on the Attorney
General website is
official.
Revised or Consolidated
Statutes of New Brunswick

AVAILABLE: Yes

AVAILABLE: Yes

AUTHORITY: Official

COVERAGE:
1838, 1854,
1877, 1903,
1927, 1952, 1973

URL: <http://www2
.gnb.ca> Attorney
Generals Acts and
Regulations website

Current statute
consolidations are
available online under
the alphabetical listing.

COVERAGE: RSNB
2011 and subsequent

Official point-in-time
consolidation is available
from 2007 to present.

Researching Provincial Legislation: New Brunswick 5-NB:15


Publication

Print

Online

New Brunswick Regulations


(annual volumes)

AVAILABLE: Yes

AVAILABLE: Yes

AUTHORITY: Official

COVERAGE:
1964-2002

URL: <http://www2
.gnb.ca> Attorney
Generals Acts and
Regulations website

Current regulation
consolidations are
available online under
the alphabetical listing of
enabling statutes.

COVERAGE:
2000-present

Statutory Orders and


Regulations, 1963

AVAILABLE: Yes

AVAILABLE: No

Remarks

AUTHORITY: Official

IV. Locating and Working with


Amendments, Statute Revisions,
and Consolidations
A. How New Brunswick Acts Are Amended,
Consolidated, and Revised
The Legislature frequently amends legislation, so lawyers must ensure that they
rely on the appropriate version of the law.

1. Revised Statutes of New Brunswick 1973


Pursuant to statutory authority, the government has periodically published the
Revised Statutes of New Brunswick (RSNB), which incorporates amendments to
legislation into a legislative revision and consolidation of statutes. The most recent
print consolidation of New Brunswick statutes is the Revised Statutes of New
Brunswick 1973 (RSNB 1973).
The compilation of the RSNB 1973 began with the previous version of the
RSNB (1952). All acts that had been repealed between 8March 1953 (the CIF date
for the RSNB 1952) and 19November 1974 (the CIF date for the RSNB 1973) were
removed and all new substantive acts that had been enacted during this period
were added, along with all statutory amendments to existing acts that had been
passed during this period.
The acts included in the RSNB 1973 were ordered alphabetically according to
their titles in English,9 and they were given a new chapter number that corresponded
9 The RSNB 1973 made available for the first time the complete set of statutes in both official languages.

5-NB:16 The Comprehensive Guide to Legal Research, Writing & Analysis

to their ordering in the new set. In many cases, the sections within these statutes
were renumbered to account for sections that had been removed or added. The
new set of the RSNB was brought into force as a whole, and the year was added to
the title: RSNB 1973.

2. Revised Statutes of New Brunswick 2011 and 2012


A similar process was set in motion for the most recent revisions of the statutes of
New Brunswick. However, these latest revisions do not involve the complete set
of statutes; instead, 137 acts were selected for the 2011 revision, and 18 for the
2012 revision. These statutes constitute the RSNB 2011 and RSNB 2012, respectively. In New Brunswick, the process of revision is ongoing. As future revisions
are brought into force, the relevant year will be added to the RSNB title. For example, the RSNB 2011 was compiled by the Statute Revision Steering Committee.
This body was given explicit authority not only to consolidate the law but to revise
it, and the extent of this authority was set out in sections 3 and 4 of the Statute
Revision Act, SNB 2003, cS-14.05.10
Note that the numbering system has changed with the RSNB 2011, in an effort
to have it better adapted to New Brunswicks bilingual legislation. As with the
RSNB 1973, the statutes are ordered alphabetically, by their English titles, before
being numbered. Once in alphabetical order, the statutes are numbered sequentially starting with 100; this replaces the former system of using alphanumeric
chapters. Chapters in future revisions will also start at 100.
The RSNB 2011 and RSNB 2012 now have a separate, static page on the Attorney Generals Acts and Regulations website. Thus it is possible to refer to the
revisions on a permanent basis.

3. Act Consolidations: Current and Prior VersionsOfficial


In 2005, the Queens Printer Act, SNB 2005, cQ-3.511 was enacted and the Queens
Printer Act, RSNB 1973, cQ-3 was repealed. The enactment allowed the Queens
Printer to maintain and publish a consolidation of the provinces acts and regulations. The extent of this authority is defined in sections 6(1), 6(2), and 6(3) of the
Act. The consolidationscurrent and prior versionsfound on the Attorney
Generals Acts and Regulations website are official.

10 Statute Revision Act, SNB 2003, cS-14.05, as re-enacted by Statute Revision Act, RSNB 2011, c224.
11 Queens Printer Act, SNB 2005, cQ-3.5, as re-enacted by the Queens Printer Act, supra note 3.

Researching Provincial Legislation: New Brunswick 5-NB:17

Act Consolidations: Effect on Citation

When citing New Brunswick statutes, including both unrevised acts and act
consolidations, the following conventions apply:

When referring to a statute as it appeared in the RSNB 2011, cite to RSNB 2011.

When referring to a statute that was included in the RSNB 2011 and appears in
the current consolidation online, also cite to RSNB 2011.

When referring to a statute as it appeared in the New Brunswick Acts, cite to SNB.

When referring to a statute that was enacted after 1973, has not yet been
revised or repealed, and accordingly appears in the current consolidations
online, cite to SNB.

4. Unofficial Consolidations
There are several unofficial act consolidations available in print and online, including those on Westlaw Canada, LexisNexis Quicklaw, and CanLII. These can
be consulted in the initial stages of research as a cost-effective and efficient method
of finding unofficial consolidations of statutes. When legislation is to be used as
evidence of the law in court, use official sources.

B. Locating and Updating Revised and Consolidated


New Brunswick Statutes: Print and Online
Task NB.7

Locating Revised and Consolidated Statutes: Print and Online


The Medical Services Payment Act, RSNB 1973, cM-7 will be the basis for the following tasks.

1. Locating Historical Revisions of Statutes: OfficialPrint

Locate the Revised Statutes of New Brunswick 1973 in a library.

Turn to chapter M-7 of this multi-volume set to view the statute.

Note that CIF information is not found in the print version of the RSNB.

2. Locating Current Consolidations of Statutes: OfficialOnline

Go to the Attorney Generals Acts and Regulations website. From the main
menu under Acts and Regulations, select Current Legislation - alphabetical.
(An advanced search function is also available when you are searching by
citation.)

5-NB:18 The Comprehensive Guide to Legal Research, Writing & Analysis

Select the Medical Services Payment Act from the alphabetical list of statutes.
Choose to view the entire document. To determine when the Act was last
updated, note the currency statement provided at the top of the HTML
version: Act current to [date].

3. Locating Current Consolidations of Statutes: UnofficialOnline


Unofficial consolidations of statutes are available online from the following
databases:

CanLIIDatabase name: Statutes and Regulations of New Brunswick (English)


or Lois et rglements du Nouveau-Brunswick (French)

LexisNexis QuicklawSource name: New Brunswick Statutes (English) or Lois


du Nouveau-Brunswick (French)

Westlaw CanadaDatabase name: New Brunswick Statutes. At the date of


writing, only the English version of the New Brunswick Statutes is available.

1. Locating CIF Information for Revised Statutes


Currently in Force and Recently Repealed
Recall the procedure for locating CIF information for statutes as enacted. For
statutes that came into force on proclamation, as described in Task NB.4, consult
the schedules in order to locate the CIF proclamation, and then find the proclamation itself in The Royal Gazette.
For consolidated statutes that are currently in force or recently repealed, there
is another method for locating CIF information, described in Task NB.8.

Task NB.8

Locating CIF Information Using the Consolidated


Version of Statutes: Online
Determine when section 20 of the Protected Natural Areas Act, SNB 2003, cP-19.01
came into force.
This question was first addressed in Task NB.4, with regard to this statutes enacted
version. To find CIF information using the consolidated version of the statute:

Go to the Attorney Generals Acts and Regulations website. From the menu
under Acts and Regulations, select Current Legislation - alphabetical.

Select the letter P and then scroll down, using the citation information
(P-19.01) to locate the statute.

Researching Provincial Legislation: New Brunswick 5-NB:19

Locate the commencement provision at section 45 and review the CIF notes,
which state:
45 This Act or any provision of it comes into force on a day or days to be fixed by
proclamation.
N.B. Sections 1, 2, 3, 4, subsections 5(1), 5(2), 5(4), 5(5), 5(6), 5(7), 5(8), subsections
6(1), 6(2), sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28,
subsections 30(1), 30(2), 30(3), paragraphs 30(4)(a), 30(4)(d), 30(4)(e), subsection
30(6), sections 31, 32, 33, 34, paragraphs 35(b), 35(c), 35(j), 35(n), 35(o), sections 36,
37, 38, 39, 40, 41, 42, 43, 44 and 45 of this Act were proclaimed and came into force
April 1, 2003.
N.B. Subsections 5(3), 6(3), sections 18, 29, paragraphs 30(4)(b) and (c), section 30(5),
paragraphs 35(a), (d), (e), (f ), (g), (h), (i), (k) and (m) of this Act were proclaimed and
came into force May 31, 2004.
N.B. Sections 19 and 20 of this Act were proclaimed and came into force June 30, 2007.
N.B. This Act is consolidated to June 3, 2013.

Note that section 20 came into force on 30 June 2007. As was explained in Task
NB.4, the same information is provided in the schedules. To locate the
proclamation itself in The Royal Gazette, follow the steps described in Task NB.4.

C. Understanding How Revisions and


Consolidations Come into Force
1. Revised New Brunswick Statutes
When referring to the statute as it appears in the Revised Statutes of New Brunswick,
assume that the statute itself or the section relied on was brought into force. For
the RSNB, the act that brought the revision into force will indicate that the revision
itself has the force of law. For example, the RSNB 2011 came into force on 1September 2011 by proclamation, as evidenced by NB Gaz, vol 169 (31August 2011)
at 1051. Once the set has been brought into force, all sections are also in force.

2. Consolidated New Brunswick Statutes


When referring to the statute as it appears online on the Attorney Generals Acts
and Regulations website (i.e. in the consolidated statutes collection), assume that
the statute itself was brought into force because in-force provisions have been
incorporated into the online version.

5-NB:20 The Comprehensive Guide to Legal Research, Writing & Analysis

D. Locating Amendments
1. Amendment Information Line: Online Consolidation
or Print Volumes of the RSNB
Task NB.9

Locating the Amendment Information Line


Locate the amendment information for the Plant Health Act, RSNB 2011, c204,
section 1.

Locate the statute section using an online consolidation, either on the


Attorney Generals Acts and Regulations website or in other legal databases
such as CanLII, LexisNexis Quicklaw, or Westlaw Canada.

On the Attorney Generals Acts and Regulations website, select Revised


Statutes and then 2011. Browse to find the Plant Health Act in the alphabetical
listing for this year.

Review section 1 of the statute and locate the information line:


1998, c. P-9.01, s. 1; 2000, c. 26, s. 239; 2007, c. 10, s. 74; 2010, c. 31, s. 104.

The information line explains that section 1 of the Plant Health Act was enacted
by the statute SNB 1998, chapter P-9.01, section 1. It was later amended by the
statute SNB 2000, chapter 26, section 239, and again by SNB 2007, chapter 10,
section 74. The last time this section was amended was in 2010, by SNB 2010,
chapter 31, section 104.

Review the amending statutes as enacted. Go to the Attorney Generals Acts


and Regulations website and select Annual Volumes of Acts. Locate the three
amending statutes by year and by chapter number, and then find the relevant
sections. Find the CIF information for each of the three amending statutes and
record the CIF date for all relevant amendments:
The commencement provision at the end of SNB 2000, c26 states that the
Act is deemed to have come into force on 1April 2000, which is the CIF date
for all provisions in the Act, including section 239.
The commencement provision at the end of SNB 2007, c10 states that the
Act came into force on 3October 2006, which is the CIF date for the second
amendment to the Plant Health Act.
The commencement provision at the end of SNB 2010, c31 states that the
Act is deemed to have come into force on 12October 2010, which is the CIF
date for the third amendment to the Plant Health Act.

Researching Provincial Legislation: New Brunswick 5-NB:21

2. Locate Amending Statutes Using the Table of Public Statutes


The Table of Public Statutes provides citations to amending statutes. Along with
the schedules, it can be used to determine whether an amendment has come into
force, and the date it came into force. The Table of Public Statutes is available
online, and it is available in print at the back of the annual volumes of the New
Brunswick Acts. The online version is updated quarterly. The table contains a list
of substantive statutes that were in force on the date the table was compiled. These
tables provide information about amending statutes that were enacted between
the date of the last revision and the date of the tables publication. Since the tables
use the previous revision as their starting point, they record only the amendments
that have been enacted since the last revision.
The table includes three columns. In the first column are the titles of the acts.
The second column lists references to the last revision or to the enactment. The
third column lists the statutes section numbers that have been amended. There is
a citation to the amending act next to the section number. Amendments are arranged in alphabetical order by the acts title, and then in chronological order by
date of their enactment.

Task NB.10

Using the Table of Public Statutes to Find


Amendment Information
Locate amendment information for the Provincial Loans Act, RSNB 1973, cP-22.

On the Attorney Generals Acts and Regulations website, locate the Quick Links
menu and choose Table of Public Statutes.

In the tables left column, under Title of Act, locate Provincial Loans.

The table explains that the Provincial Loans Act has been amended eight times
since the RSNB 1973. For example, section 14 was amended by SNB 1980, c44,
and again by SNB 1989, c32.

5-NB:22 The Comprehensive Guide to Legal Research, Writing & Analysis

E. Updating New Brunswick Statutes


The Attorney Generals Acts and Regulations website is updated as soon as acts
are assented to or proclaimed into force. It is a current source of official information. Therefore, there is no need to update legislation through other sources.
As an unofficial way to monitor new amendments to legislation, CanLIIs RSS
feeds for statutes and regulations can now be used.

F. Locating Prior Versions of New Brunswick Statutes


In practice, using the current consolidation of acts is usually required. However,
sometimes you will need the version of the act as it appeared at a particular date
or point in timei.e. the time frame in which a particular event occurred. To
determine the relevant date or time frame:
Determine the date that the incident occurred or the period of time
encompassing the event.
Review the governing statute in conjunction with New Brunswicks
Interpretation Act 12 and with relevant limitations law or other interpretive
materials (such as judicial decisions, rules, or regulations) for further direction with respect to the time frame.
You may assume that the version of the act that governs the matter is the
one that was in force during the applicable period of time or on the date(s)
the event in question occurred, unless otherwise stated in either the act
itself, the Interpretation Act (see sections 8 and 10), or in other interpretive
materials. Recall that consolidations available on the Attorney Generals
Acts and Regulations website provide official sources of legislation.

12 RSNB 1973, cI-13.

Researching Provincial Legislation: New Brunswick 5-NB:23

1. Point-in-Time Research on the Attorney Generals Website:


OnlineOfficial
Task NB.11

Conducting Point-in-Time Statute Research


Locate the Custody and Detention of Young Persons Act as it appeared on 1January
2009.

Currently, the Attorney Generals Acts and Regulations website provides


historical versions from 10January 2007 to the present.

On the Attorney Generals Acts and Regulations website, under the Search
menu, choose Advanced. For the Search in choice, select Acts. Enter terms
from the title of the Acte.g. custody, detention, and young persons
into the Title field, and enter the relevant date (1January 2009) into the In
force at field. Choose Ok.

These steps produce one result: Custody and Detention of Young Persons
Act- Repealed, with the chapter number C-40.

The currency information near the beginning of the Act states: Act current to
January1, 2009.

Thus, the version of the Act that was in force on 1January 2009 was the Custody
and Detention of Young Persons Act, SNB 1985, cC-40.

5-NB:24 The Comprehensive Guide to Legal Research, Writing & Analysis

2. Using Official Sources to Re-Create Manually


a Prior Version of a Statute
The Queens Printer continues to publish new consolidated versions of statutes on
the Attorney Generals Acts and Regulations website. Online prior consolidations
on the Attorney Generals Acts and Regulations website are available from 2007 on.
For statutes enacted between 2000 and 2006, online sources can be used to recreate a prior version of a statute.
For statutes enacted before 2000, use the print version of the New Brunswick
Acts, the RSNB, and the search tools associated with these resources. Note that
limitation periods and other such constraints should diminish the need to use
print materials to create prior versions of statutes. However, in order to determine
the Legislatures original intent in creating and passing a statute, you may need to
access print materials to backdate a statute or a statute section.

Task NB.12

Creating a Prior Version of a Statute


Locate the Pesticides Control Act, RSNB 2011, c203, section 8 as it appeared on
1June 2000.

First, take the following steps to determine the amending statutes:


Locate a copy of the statute section as it appears in the current consolidation
on the Attorney Generals Acts and Regulations website. Choose Current
Legislation - alphabetical, then select the letter P and browse under the
heading Title of Act. Select Pesticides Control, then locate section 8. Note
the amending information that appears at the end of the section:
R.S. 1973, c. P-8, s. 8; 1979, c. 54, s. 3; 1982, c. 48, s. 5; 1986, c. 8, s. 96; 1994, c. 92,
s.3; 2000, c. 26, s. 235; 2006, c. 16, s. 132.

Ifas herethe set of citations begins with a citation to RSNB 1973, you
know that the section in question was included in the RSNB 1973; therefore,
the consolidation starts from that point. This consolidation of section 8 is
based on the section as enacted in RSNB 1973, cP-8, s8.

Second, determine the amending statutes that were in force prior to the
relevant date (i.e. 1June 2000):
From the list of citations at the end of section 8, choose the amending
statutes that might have been in force on 1 June 2000. These include: RS
1973, cP-8, s8; 1979, c54, s3; 1982, c48, s5; 1986, c8, s96; 1994, c92, s3;
2000, c26, s235. The following amendment was not in force on 1June 2000:
2006, c 16, s 132.

Researching Provincial Legislation: New Brunswick 5-NB:25


Check the CIF information for each amendment (using the processes
described earlier in this chapter) to determine whether it was in force on
1June 2000.
NB: If the CIF date is chronologically earlier than 1June 2000, the amendment is relevant. If the CIF date is after the relevant date, the amendment is
not relevant.
For this example, the version of section 8 in force on 1June 2000 is a
consolidation of the following statute sections: RS 1973, cP-8, s8; 1979, c54,
s3; 1982, c48, s5; 1986, c8, s96; 1994, c92, s3; 2000, c26, s235.

Third, compile the prior version:


Because RSNB 1973, cP-8, s8 originated this section, start by providing an
official copy of the statute section as it appeared in that consolidation. Copy
each relevant statute section that amended this section since the RSNB
1973, and provide a citation for each amending statute. Note the proclamation or CIF information for each amending statute section.

G. Compiling a Legislative History: Backdating a


New Brunswick Statute
Backdating means locating prior versions of statutes; the researcher works back
from the most current consolidation, using either online or print material as required. Backdating a statute should lead to an act published in the New Brunswick
Acts. Once the parent or originating act has been located, the legislative history
can be compiled.
Backdating can help you to find the legislative intent that led to the creation of
a statute because it allows you to locate the debates that occurred during the bill
passage process. It can serve other purposes, too, such as explaining the origins of
a particular section of an act or of a particular amendment or section that has
been repealed.

5-NB:26 The Comprehensive Guide to Legal Research, Writing & Analysis

1. Locating an Originating (Parent) Act Using Official Sources


Task NB.13

Locating a Statutes Originating (Parent) Act


Locate the originating act for the Collection Agencies Act, RSNB 2011, c126.

Locate the Act in the RSNB 2011. On the Attorney Generals Acts and
Regulations website, select Revised Statutes, then 2011. Scroll down to find
the Collection Agencies Act.

Section 1 provides the citation to the Act upon which this consolidation is
based, RSNB 1973, cC-8.

The Collection Agencies Act as consolidated in the RSNB 2011 was based on the
statute as it appeared in RSNB 1973, cC-8.

Locate the statute that appears at RSNB 1973, cC-8. Chapter content
references are provided on the spines of the multi-volume set. Locate the
statute in volume1.

Note the reference to RS c31. This refers to the RSNB 1952. Locate the chapter
in volume1 in the RSNB 1952. The 1952 version of the statute refers to 1933,
c18.

Locate chapter 18 in the 1933 annual New Brunswick Statutes.

Continue to backdate to prior versions as follows until a citation to the SNB,


not the RSNB, is found:

Looked in:

Referred to:

RSNB 1973, c C-8

RS(NB) 1952, c 31

RSNB 1952, c 31

SNB 1933, c 18

The first reference referred to RS, which would be the previous revision in
1952. Chapter 31 in the 1952 revision referred back to chapter 18 in the 1933
volume. The statute can be located in the 1933 volume at chapter18.

Usually, when you need to review a statute as enacted in the SNB, it is because
either a new law is being created or a previous act is being amended or repealed.
For New Brunswick, amending and repealing information is located either in the
first sections of the act or near the end of the act. In this case, SNB 1933, c18 is the
original enactment (i.e. parent act) of the Collection Agencies Act, RSNB 2011, c126.

Researching Provincial Legislation: New Brunswick 5-NB:27

2. Locate an Originating Statute Section Using Official Sources


Task NB.14

Locating an Originating Act of a Statute Amendment


Locate the statute that originated section 4 of the Adult Education and Training
Act, RSNB 2011, c101.

On the Attorney Generals Acts and Regulations website, select Revised


Statutes and locate the statute as it appears in the RSNB 2011.

Examine the amendment information line below section 4: 1992, c.91, s.3.
This citation is to the amending statute upon which this revision was based.

Locate the amending statute, An Act to Amend the Adult Education and Training
Act, SNB 1992, c91, s3. The amending statute is not available online because it
pre-dates the year 2000; therefore, locate the print version of the 1992 Act as
described in Task NB.1. The Adult Education and Training Act was amended
through the addition of a new provision: section3.1. Because there are no
additional citation references, assume that An Act to Amend the Adult Education
and Training Act, SNB 1992, c91, s3 is the originating (parent) enactment for
section4.

Locate the CIF information for section 3 by the steps described earlier in this
chapter. The commencement provision for this amending statute is section 4,
which states:
4. This Act shall be deemed to have come into force on April 1, 1992.

In summary, An Act to Amend the Adult Education and Training Act, SNB 1992, c91,
s3 is the originating act; it came into force on 1April 1992 in accordance with
section4.

3. Compiling a Legislative History


When compiling a legislative history, determine the purpose for which it will be
used and structure its content accordingly. Sometimes, excerpts from the legislative debates should be appended to the document; at other times, a brief account
will suffice.
The key components of a legislative history include:
bill number and bill title
legislature and session number
introducing minister or member
dates of first reading, second reading, and third reading

5-NB:28 The Comprehensive Guide to Legal Research, Writing & Analysis

information concerning whether the bill was referred to committee, and, if


so, the name of the committee and how it disposed of the bill; and a citation to the committee report itself
date of royal assent or proclamation
date of coming into force and the authority by which this occurred, including,
where relevant, a citation to The Royal Gazette issue in which the proclamation was published
a citation to the year and chapter in the annual volume of the Acts of New
Brunswick in which the act was finally published
copies of the debates and committee reports wherever these texts are relevant and useful
a.Creating a Legislative History for a Bill Currently
or Recently Before the Legislative Assembly

Go to the Legislative Assembly website: <http://www.gnb.ca/legis/


index-e.asp>. From the left menu, choose House Business, then the applicable legislature and session. From the resulting list, select Status of
Legislation.
Choose the bill number from the list provided. On the bills information
page, note the key dates in the bills passage through the Legislature, from
first reading to royal assent, as well as links to the text of the bill at first
reading, in PDF and HTML. If the bill was amended during the legislative
process, the amendments are included directly on the bills information
page, for information purposes only.
Relevant information includes the text of the speeches made in the Legislature at a particular reading, the motions made, and the results of the vote.
Text of the motions with voting information is located in the Journals, published daily on the Legislative Assemblys website. Speech transcripts are
available in the Debates of the Legislative Assembly of New Brunswick
(Debates or Hansard).
Hansard is not posted on the Legislative Assemblys website. The print or
electronic version of the Debates is usually available in large libraries, as are
the historical volumes. To read the debates that took place as the bill passed
through various stages, contact the Legislative Library if the local library
does not have the Debates in its holdings.
The Debates are organized by date; relevant dates in the legislative history
can be used to find specific information.

Researching Provincial Legislation: New Brunswick 5-NB:29

Task NB.15

Formatting a Legislative History


Q: What is the status of Bill 8, Prescription Monitoring Act (56th Legislature,
4thSession)?
SAMPLE LEGISLATIVE HISTORY
Bill number: 8
Title of bill: Prescription Monitoring Act
Introducing member: Schryer, Hon Mary, Minister of Health
Parliamentary session: 56th Legislature, 4th Session
Progress:

Page location in
the Journals

Stage

Date

First reading

24 November 2009

29

Debates on second
reading

2 December 2009

46

Second reading

2 December 2009

47

Committee of the Whole

4 December 2009

54

Committee of the Whole

8 December 2009

58

Third reading

9 December 2009

61

Royal assent

18 December 2009

89

Enacted as: SNB 2009, cP-15.05


By what authority: Proclamation
In force? No
A: This bill received royal assent on 18 December 2009. The Act comes into force
on a day fixed by proclamation. As of 13September 2013, no proclamation had
been issued.

5-NB:30 The Comprehensive Guide to Legal Research, Writing & Analysis


b.Creating a Legislative History for
Statutes Enacted from 2000 On

Task NB.16

Constructing a Legislative History2000 On


Locate the information for the Pipeline Act, 2005, SNB 2005, cP-8.5 and create a
legislative history for this Act.

Find the enacted version of the statute on the Attorney Generals Acts and
Regulations website.

Select Annual Volumes of Acts, then choose 2005.

Choose Table of Contents from the Quick Links menu. This provides a PDF of
the table of contents for the 2005 Acts of New Brunswick, listing them by
chapter number and showing their bill numbers.

Find the Pipeline Act, 2005 (P-8.5) and note its bill number in the far right
column: 27.

Return to 2005 in Annual Volumes of Acts on the Attorney Generals Acts


and Regulations website. From the Quick Links menu, choose Title Page. Note
the Legislature and session numbers giveni.e. the 2nd and 3rd sessions of
the 55th Legislature.

Return to 2005 in Annual Volumes of Acts, find the Pipeline Act, 2005 (P-8.5),
and select it to view a PDF of the statute: Note the date of royal assent under
the statutes title: 22December 2005.

Create a legislative history according to the format described in Task NB.15.

c. Finding the Status of a Bill Using the


Debates and Journals: Historical

Print sources are used to locate bill status information for statutes that pre-date 2000.
When required to use print sources to compile a legislative history, note the
following:
If the statute being searched is not available online, find the statute in the
print volumes of the New Brunswick Acts, as described in Task NB.1. Record
the legislature and session numbers, using the information provided on the
title page of the volume.
Turn to the table of contents to find the bill number. In the Debates of the
Legislative Assembly of New Brunswick, select the applicable legislature and
session by number.
Locate the bills entry in the second part of the bills index, at the beginning
of the volume. Locate the bill by its title or its number.

Researching Provincial Legislation: New Brunswick 5-NB:31

Status information for the bill is provided by page number references to the
Debates. Use the page numbers to locate the relevant debates to confirm
the completion date for each stage.
As well, you may use the Journals to find information on a bills status. The
steps for searching the Journals are the same as for the Debates. With the
Journals, however, only the text of motions and the result of votes taken in
the Legislative Assembly are provided, whereas the Debates provide
speeches made by the MLAs.

V. Working with New Brunswick Regulations


A. Locating Regulations as Filed
Regulations created pursuant to an enabling statute are prepared by regulatory
bodies and government departments. Unlike statutes, regulations are not scrutinized by the Legislative Assembly.
Regulations typically provide detail regarding a particular statutes practical
application. Lawyers will usually refer to the current consolidated version of a
regulation. However, from time to time, the original version of the regulation as
filed will be required. These original versions are found in the annual volumes of
the New Brunswick Regulations or in The Royal Gazette.

1. Print Method: Using Official Sources


Prior to 2003, the annual volumes of the New Brunswick Regulations and The Royal
Gazette provided official print versions of regulations in New Brunswick. Many
libraries house these formerly official print versions. Once the official versions
became available online, the Queens Printer ceased printing the New Brunswick
Regulations and stopped its subscription service to The Royal Gazette in June 2004.
Therefore, most libraries do not have print versions after these dates.
In order to find a regulation as filed, use either the title of the enabling act or
its citation.
A citation to a regulation as enacted is formatted as e.g. NB Reg 89-101. The
components of this citation are as follows:

NB Reg: Abbreviation for New Brunswick Regulation

89:

Year the regulation was filed (before 2000 only two digits are used;
from 2000 on, the full year forms part of the citation, e.g. NB Reg
2001-26)

101:

Document number

5-NB:32 The Comprehensive Guide to Legal Research, Writing & Analysis

Task NB.17

Finding Regulations as Filed: Print


Locate NB Reg 85-100 under the Community Planning Act.
1. Finding regulations as filedby citation

Find the New Brunswick Regulations for the year 1985.

The regulations in the New Brunswick Regulations are printed in the order
of their document numbers. Therefore, choose the appropriate volume
and find the regulation according to its document number. Reg 85-100 can
be found in volume 2 of the New Brunswick Regulations 1985.

2. Finding regulations as filedby the title of the enabling statute

Locate the annual volumes of the New Brunswick Regulations. Review the
Cumulative Index in the back of the last volume. The index is organized in
alphabetical order by the name of the enabling act. In volume 2 of the New
Brunswick Regulations 1985, locate the title of the enabling act in the
index, i.e. the Community Planning Act. The regulations are listed
alphabetically below the act title. The title of Reg 85-100 is Nordin Local
Service District Basic Planning Statement Adoption Regulation.

Note the citation on the right side of the table. Follow the steps previously
described to find the regulation by its citation reference.

2. Online Method: Using Official Sources


You may access consolidated versions of regulations in force, as well as regulations
as filed from 2000 on, by going to the Attorney Generals Acts and Regulations
website and choosing Annual Volumes of Regulations. Online, The Royal Gazette
and the Annual Volumes of Regulations are the only sources of New Brunswick
regulations as filed.

Researching Provincial Legislation: New Brunswick 5-NB:33

Task NB.18

Finding Regulations as Filed: Online


1. Finding Regulations as Filed Using Official Sources

Go to the Attorney Generals Acts and Regulations website and choose Annual
Volumes of Regulations. This will provide a list of volumes from 2000 to the
present. Select the year the regulation was filed.

Scan the listing provided. The regulations filed in a given year appear in
numerical order, according to the chronological order in which they were filed.
Regulation titles, listed in the second column, reflect the names of their
enabling acts.

Choose the title of the enabling act to view the regulation as filed.

2. Finding Regulations as Filed Using The Royal Gazette

You may use The Royal Gazette as an alternative means of searching for
regulations as filed. Weekly issues of The Royal Gazette from 2000 on are
available online in PDF.

Go to the Attorney General website and choose The Royal Gazette. From the
Quick Links menu, choose Royal Gazette Index. A list of The Royal Gazette
indexes from 2000 to 2012 will appear.

Select a year. The table of contents for each index will include a listing
for Regulations, alongside a page number. Scroll down to find the given
page. On this page there will be an alphabetical listing of enabling acts, with
their regulations listed below by year, by regulation number, and by the page
number and issue of The Royal Gazette in which they were published.

Locate the Barrier-Free Design Building Code Regulation, NB Reg 2011-61, as filed,
made pursuant to the Community Planning Act.

Go to the Attorney General website and choose The Royal Gazette. From the
Quick Links menu, choose Royal Gazette Index. Select The Royal Gazette
Index 2011.

In the table of contents, find Regulations / Rglements; it is listed as being on


page 14. Scroll down to find this page, on which the titles of enabling statutes
are listed alphabetically, with their regulations entered below them by year, by
regulation number, and by the page number and issue of The Royal Gazette in
which they were published. You will find 2011-61 under Community Planning/
Urbanisme (i.e. the name of the Act). Note the date and page number
reference to the issue of The Royal Gazette: p.1258 (October 5octobre).

Return to The Royal Gazettes main page and choose 2011. Locate and select
the October5 issue, volume 169 of The Royal Gazette, where, on page 1258,
you will find NB Reg 2011-61 as it was originally filed on 29September 2011.

5-NB:34 The Comprehensive Guide to Legal Research, Writing & Analysis

B. How Regulations Come into Force


Unless the regulation states otherwise, regulations come into force on the day they
are filed.13 The filing date is displayed at the top of the regulation.

C. How New Brunswick Regulations Are


Amended and Consolidated
1. Statutory Orders and Regulations of New Brunswick, 1963
The Statutory Orders and Regulations, 1963 (SOR 1963) is the only published
consolidation of New Brunswick regulations. All regulations published in the
SOR 1963 are now repealed, but they may still be referred to for historical
purposes.
The registrar of regulations compiled the SOR 1963 pursuant to statutory authority.14 This consolidation includes all regulations, proclamations, and orders
made under authority of a New Brunswick statute that were in force on 31December 1963. In it, the regulations were organized in alphabetical order by title of
enabling act, and then by regulation title, and given a new chapter number that
corresponded to their place in the set.
Highway Act
Controlled Access Highways, SOR 1963, Reg 76
Use of Highways, SOR 1963, Reg 77

Regulations filed since 31December 1963 have been published in The Royal
Gazette, Part II, under Statutory Orders and Regulations. Since 31 December
1963, all regulations filed during a calendar year have also been published in the
annual volumes of regulations. From 2000 on, these annual volumes have been
available through the Attorney Generals Acts and Regulations website.
The SOR 1963the only printed consolidation of regulationsdid not come
into force as a set.15 This was prescribed by the Regulations Act, SNB 1961-62, c15,
which came into force by proclamation on 1 May 1963. Section 10 of the Act
provided that all regulations in effect on that datei.e. 1May 1963were filed on
1November 1963. Regulations filed after that date (1May 1963) come into force
on their filing date unless another date is specified in the particular regulation.
13 Regulations Act, RSNB 2011, c218, s3. Predecessor legislation provides CIF for older regulations.
14 Regulations Act, SNB 1961, c15, ss7, 9, and SOR 1963, NB Reg 142, s5.
15 Regulations Act, SNB 1961-62, c15, ss3(2), 10.

Researching Provincial Legislation: New Brunswick 5-NB:35

When referring to a regulation as it appears online through the consolidated


regulations collection on the Attorney Generals Acts and Regulations website,
assume that the regulation itself and its sections have been brought into force.
NB: Current and prior consolidations on the Attorney Generals Acts and
Regulations website are official.
Also available online are several unofficial consolidations of regulations, including consolidations on LexisNexis Quicklaw and CanLII, and selected regulations
on Westlaw Canada. It is appropriate for you to consult these versions in the initial
stages of research, but you must verify your results with official sources when
presenting evidence of the regulation in court.

D. Locating and Updating Revised and Consolidated


New Brunswick Regulations
1. Locating Current Consolidations of Regulations
Task NB.19

Locating Consolidated Regulations: Online


1.Locating Current Consolidations of Regulations
by Title of Enabling Act: Official
Locate the Propane, Natural and Medical Gas Regulation, NB Reg 84-176, made
pursuant to the Boiler and Pressure Vessel Act, RSNB 2011, c122.

On the Attorney Generals Acts and Regulations website, select Current


Legislation - alphabetical on the main menu.

Choose the letter B. Scroll down to the title of the enabling ActBoiler and
Pressure Vessel and choose the REG icon in the third column to display a list of
the regulations associated with this Act. A list of four associated regulations
will appear. Choose Propane, Natural and Medical Gas, either in PDF or HTML.

Review the regulations currency statement provided in the HTML version


found at the top of the page. Regulations must be updated to the present date.

2.Locating Current Consolidations of Regulations by


Title or by Citation to the Regulation: Official
Locate NB Reg 92-74, Exotic Wildlife Regulation under the Fish and Wildlife Act.

Go to the Attorney Generals Acts and Regulations website. Under the Search
menu, choose Advanced.

If searching by regulation title, for the Search in choice, select Regulations.


Then enter exotic wildlife into the Title field provided.

5-NB:36 The Comprehensive Guide to Legal Research, Writing & Analysis

If searching by regulation number, enter 92-74 in the Chapter field provided.


(Ensure that you have selected Regulations to search in, not Acts.)
Select Ok to see the regulation.

An alternative search method is to select by Regulation number under


Access Regulations in the right menu. In this case, choose 92 and then scroll
down to the regulation number. Select the regulation titleExotic Wildlife
to see a current version of the regulation.

Any one of these research procedures will produce an official, current,


consolidated version of NB Reg 92-74, one that includes all amendments in
force to date. Review the currency statement provided on the title page of the
document.

3. Locating Current Consolidations of Regulations: Unofficial


Unofficial consolidations of New Brunswick regulations are available online at:

CanLIIDatabase name: Statutes and Regulations of New Brunswick

LexisNexis QuicklawSource name: New Brunswick Regulations

Westlaw CanadaDatabase name: New Brunswick Regulations (selected)

2. Locating Amendments to Regulations


Task NB.20

Locating Regulation Amendments


Determine whether the General RegulationHospital Act, NB Reg 92-84, section
22 has been amended.

Amendment Information Line in an Online Consolidation

Using one of the search options described in Task NB.19, locate the regulation
and the section in an online consolidation such as the one on the Attorney
Generals Acts and Regulations website or one of the consolidations available
from another legal database such as Quicklaw, Westlaw, or CanLII.

Review the section and locate the amendment information line, which appears
just below the text of the section. The amendment information line for section
22 is as follows: 2002-28; 2008-97. This means that section 22 of this
regulation was amended by NB Reg 2002-28 and NB Reg 2008-97.

To locate and review the amending regulations, select Annual Volumes of


Regulations on the Attorney Generals Acts and Regulations website. Select
the years you need2002 and 2008, respectivelythen browse to find the
amending regulations, NB Reg 2002-28 and NB Reg 2008-97.

Researching Provincial Legislation: New Brunswick 5-NB:37

Cumulative Index of Regulations and Table of New Brunswick Regulations


Other resources to help you find information about regulation amendments since
the SOR 1963 are the Cumulative Index of Regulations and the Table of New
Brunswick Regulations.
To find the most current version of the index, go to the Attorney Generals Acts
and Regulations website and choose Cumulative Index of Regulations from the
Quick Links menu. Historical versions of the index may also be found in the back
of the last volume of the Annual Volume of Regulations for each year until 2002.
This cumulative index has two primary purposes:
1. to provide a list of all regulations made pursuant to a particular enabling act
2. to help users determine citations to amending regulations.
Organized in alphabetical order by the title of the enabling act, each amended
regulation is accompanied by citations to the amending regulation.
The Table of New Brunswick Regulations may be used in conjunction with the
Cumulative Index of Regulations. It reports citations for regulations, including
amending regulations that have been introduced within a given year, and it
reports the sections amended. Like the index, the tables listings are in alphabetical order, organized by title of enabling statute. Each regulation filed during the
volume year is listed below its enabling statute. The table is printed at the beginning of the Annual Volume of Regulations for each year until 2002. To use the table
from 2003 on (it is not available online for years prior to 2003), go to the Attorney
Generals Acts and Regulations website and do the following:

Choose Annual Volumes of Regulations from the main menu and select a
year.

Choose Table of New Brunswick Regulations from the Quick Links menu.

Regulations are published on the Attorney Generals Acts and Regulations website as soon as they are filed. Thus, there is no need to update regulations through
sources other than this one.

5-NB:38 The Comprehensive Guide to Legal Research, Writing & Analysis

E. Locating Prior Versions of Regulations


Task NB.21

Conducting Point-in-Time Regulations Research:


OnlineOfficial
Locate the General RegulationCollection Agencies Act, NB Reg 84-256 as it
appeared on 1April 2009.
Point-in-time research (also known as period-in-time research) always begins by
establishing the relevant datei.e. the time frame within which the event being
researched occurred. Currently, the Attorney Generals Acts and Regulations
website provides historical versions of regulations only from 19December 2008 on.

Go to the Attorney Generals Acts and Regulations website and


select Advanced under the Search menu on the right side of the page.

Select Regulations to search in, then enter the regulation number (i.e.
84-256) in the Chapter field.

Enter the relevant date (i.e. 1April 2009) into the In force at drop-down
menu, then select Ok. This will produce the version of NB Reg 84-256 that
was in force on 1April 2009.

Task NB.22

Creating a Prior Version of a Regulation Manually


Using Official Sources
Locate General RegulationHospital Services Act, NB Reg 84-167, Schedule 1 as it
appeared on 30December 1992.
Creating prior versions of regulations may require either online sources or print
sources. It depends on whether the regulation was enacted before or after the
year 2000. For regulations enacted between 2000 and 2008, use online sources
(choose Annual Volumes of Regulations or The Royal Gazette, available on the
Attorney Generals Acts and Regulations website) to create a prior version. For
regulations enacted before 2000, use the print version of the New Brunswick Regulations and of The Royal Gazette, possibly the SOR 1963, and the associated
finding tools.
This particular task, which involves a regulation enacted in 1984, requires the
following steps:

Researching Provincial Legislation: New Brunswick 5-NB:39

First, determine the amending regulations.


Locate a copy of the regulation as it appears in the current consolidation on
the Attorney Generals Acts and Regulations website. Select Advanced
under the Search menu on the right side of the page.
Select Regulations to search in. Enter the regulation number (i.e. 84-167) in
the Chapter field. Choose Ok, then the title of the document: General.
Select View entire document, then scroll down to find the amendment
information line at the bottom of Schedule 1. It states the following: 84-263;
84-264; 86-68; 88-116; 88-129; 88-234; 89-93; 89-192; 92-85; 96-65; 2002-29;
2009-82.
Note that the consolidation of the schedule is based on the regulation as
filed: NB Reg 84-167.

Second, determine the amending regulations that were in force prior to the
relevant date of 30December 1992.
From the list of citations to amending regulations, choose the ones preceding the relevant date. Since the relevant date is 30 December 1992, the
following amendments will not be relevant: 96-65; 2002-29; 2009-82. The
following, on the other hand, may be relevant: 84-263; 84-264; 86-68; 88-116;
88-129; 88-234; 89-93; 89-192; 92-85.
Next, check the CIF information for NB Reg 92-85 to determine whether this
particular amendment was in force on the relevant date. If the CIF date is
chronologically earlier than 30December 1992, this amendment is also
relevant. If the CIF date is after the relevant date, the amendment is not
relevant. Regulation 92-85 was filed on 23June 1992.
Thus, as of 30December 1992, the following regulations composed Schedule 1
to the General RegulationHospital Services Act, NB Reg 84-167: 84-263;
84-264; 86-68; 88-116; 88-129; 88-234; 89-93; 89-192; 92-85. However, the
following regulations were not relevant, because their CIF dates were later
than 30December 1992: 96-65; 2002-29; 2009-82.

Third, compile the prior version.


Because the entire section was enacted by NB Reg 84-167 Schedule 1, start
by providing a copy of the regulation as filed from the New Brunswick
Regulations, 1984. The annual volumes are not available online before 2000,
so you must use the print copies.
Copy each amending regulation section with its accompanying citation for
each amending regulation. Note the date of filing for each amending
regulation section. Determine whether a written consolidation of the
amendments is required.

5-NB:40 The Comprehensive Guide to Legal Research, Writing & Analysis

VI.Bibliography
Bishop, Olga Bernice. Publications of the Governments of Nova Scotia, Prince
Edward Island, New Brunswick, 1758-1952 (Ottawa: National Library of
Canada, 1957).
Guilbeault, Claude. Guide to Official Publications of the Province of New
Brunswick, 1952-1970 (MLS Thesis, University of Ottawa, 1974)
[unpublished].
New Brunswick, Office of the Attorney General, (2011) 29 Law Reform Notes,
online: <http://www2.gnb.ca/content/gnb/en/departments/attorney_general/
law_reform.html>.
Office of the Clerk, How a Bill Becomes Law in New Brunswick (1995),
online: Legislative Assembly of New Brunswick <http://www.gnb.ca/legis/
publications/billbecomeslaw/billbecomeslaw-e.asp>.

Researching Provincial
Legislation: Newfoundland
and Labrador

NL

Ruth Kuras, BSc, BA, LLB, LLM, Faculty of Law, University of Windsor
Contents
I. How a Newfoundland and Labrador Bill Becomes a Statute . . . . . . . . . . . . . . . . . 5-NL:3
A.
B.
C.
D.
E.

House of Assembly of Newfoundland and Labrador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating a Statute as Enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating CIF Dates: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NL:3
5-NL:3
5-NL:6
5-NL:7
5-NL:8

II. How to Track a Bill Currently Before the Newfoundland


and Labrador House of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:12
A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:12
B. Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:13
C. Compiling a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:13

III. Official and Unofficial Sources of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:15


A. Official and Unofficial Sources of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:15

IV. Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:16
A. How Newfoundland and Labrador Acts Are Amended, Consolidated,
and Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Locating and Updating Consolidated Newfoundland and Labrador Statutes . . . . . .
C. Locating Newfoundland and Labrador Statute Amendments . . . . . . . . . . . . . . . . . . . . .
D. Updating Newfoundland and Labrador Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NL:16
5-NL:17
5-NL:18
5-NL:21
5-NL:22
5-NL:23

V. Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:25


A.
B.
C.
D.

Locating Regulations as Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


How Regulations Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Newfoundland and Labrador Regulations Are Amended and Consolidated . .
Locating Prior Versions of Regulations: Point-in-Time Research . . . . . . . . . . . . . . . . . . .

5-NL:25
5-NL:29
5-NL:31
5-NL:34

5-NL:1

5-NL:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how a Newfoundland and Labrador provincial bill becomes a


statute

Track a bill through the legislative process


Understand how Newfoundland and Labrador statutes and regulations
come into force

Understand the term official as it applies to legislative materials


Find both official and unofficial versions of Newfoundland and Labrador
statutes and regulations, in print and online

Understand how laws are enacted, amended, consolidated, and revised


Complete historical legislative research (backdating)
Locate Newfoundland and Labrador regulations as filed, amended, and
consolidated

Understand how to complete point-in-time research


Locate prior versions of Newfoundland and Labrador legislation
Research Tasks
NL.1

Locating the Enacted Version of a Statute:


Print and OnlineOfficial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:6

NL.2

Locating CIF Information for Statutes Brought into Force


by Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:10

NL.3

Viewing Bills Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:13

NL.4

Locating Consolidated Statutes: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:18

NL.5

Locating Statute Amendments: Amendment Information Line . . . . . 5-NL:19

NL.6

Locating Statute Amendments: Table of Public Statutes . . . . . . . . . . . . 5-NL:20

NL.7

Backdating a Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:24

NL.8

Locating a Regulation as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:27

NL.9

Locating a Regulation as Filed: OnlineHouse of


Assembly Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:27

NL.10 Locating a Regulation CIF Date in the Annual Register


of Subordinate Legislation: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:29
NL.11 Locating Consolidated Regulations: Online . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:31
NL.12 Using the Point in Time Table of Regulations:
Houseof Assembly Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NL:35

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:3

I. How a Newfoundland and Labrador


Bill Becomes a Statute
A. House of Assembly of Newfoundland and Labrador
In the province of Newfoundland and Labrador, the authority to create provincial
legislation is assigned to the House of Assembly of Newfoundland and Labrador
(House of Assembly).1
The House of Assembly is composed of 48 elected members of the House of
Assembly (MHAs). It works in legislative sessions, which are identified by both a
general assembly number and a session number. A General Assembly can be
divided into several sessions with separate sittings. For example, the House of
Assembly of Newfoundland and Labrador may consider a bill during the 47th
General Assembly, 1st Session.

B. Bill Passage Process


A prospective statute is introduced to the House of Assembly as a bill. The Standing Orders of the House of Assembly set out the rules of procedure governing the
bill passage process, available online at <http://www.assembly.nl.ca/business/
standingorders/default.htm>. Newfoundland and Labrador bills are classified as
either public bills or private bills. Public bills are introduced by a Cabinet minister
to address matters in the public interest. Private bills are introduced by petition
and are sponsored by an MHA to enact laws that benefit specific individuals,
groups, or corporations.
Bills are read three times before the House of Assembly. At first reading, a bill is
placed on the daily agenda, called the Orders of the Day, and read in the House of
Assembly for the first time, without debate. The official record of the proceedings
of the House is found in the Journal of the Proceedings of the House (Journal). The
Journal is prepared daily and is available online at <http://www.assembly.nl.ca/
business/journal/default.htm>. Only the print version is considered official.
Bills are numbered from 1 sequentially in each session. To find a bill in print or
online, you need the bill number or title, as well as the general assembly and session
number. When ready for dissemination, the bill is printed by the Queens Printer
and posted on the House of Assembly website: <http://www.assembly.nl.ca>. To

1 For a detailed description of the legislative process by which an act, or statute, is created, see the
House of Assembly of Newfoundland and Labrador website at <http://www.assembly.nl.ca>.

5-NL:4 The Comprehensive Guide to Legal Research, Writing & Analysis

find a bill on this website, select Progress of Bills from the drop-down menu under
Proceedings. The resulting Progress of Bills chart provides a link to the full text of
bills in the current session. Bills from previous sessions starting in 2000 are also
available online through the View other sessions link on the current Progress of
Bills chart.
At second reading, debate may occur. Each days debates are recorded in the
Debates of the House of Assembly (Hansard), which provide a daily transcript of
the House of Assembly proceedings.2 Hansard is organized by general assembly
and session number and also by date. Unofficial versions of Hansard are available
online from 1988 to the present at the House of Assembly website under Proceedings. Following debate, the bill is referred to a committee of the House of Assembly,
where amendments may be made. Committee proceedings from 2002 on are
available on the House of Assembly website and may be of interest to researchers
requiring more information regarding the evolution of the bill and amendments,
if any, made to the bill. To find committee proceedings, select Committees from
the drop-down menu under Proceedings. If any amendments are made at the
committee stage, they are then incorporated into the bill prior to third reading.
At third reading of the bill, a vote takes place. If a majority of MHAs vote in
favour of the bill, the bill is enacted as a statute. Once it receives royal assent and
comes into force, the new act has the status of legislation and is enforceable as
Newfoundland and Labrador provincial law.
By signing the bill after the vote at third reading, the Lieutenant Governor of
Newfoundland and Labrador affirms the Queens assent to the enactmenti.e. the
act receives royal assent. The Clerk of the House of Assembly provides a true copy
of each act to the Queens Printer, which is required to be published under the
superintendence of the Queens Printer.3 Each act is currently printed in the annual
bound Statutes of Newfoundland and Labrador (SNL) and is posted online at the
House of Assembly website: <http://www.assembly.nl.ca>.4 To access an annual

2 Hansard is available online at <http://www.assembly.nl.ca/business/hansard/default.htm> from


1988 to the present. Indexes to Hansard, searchable by subject topic or by speaker name, are also
available online, from 1998 to the present. Print indexes for Hansard from 1970 to the present are
available from the House of Assemblys Legislative Library. Only the print version of Hansard is
considered official.
3 Statutes Act, RSNL 1990, cS-26, ss 4-7.
4 Free online access to Newfoundland and Labrador legislation, including statutes and regulations,
is provided through the House of Assembly website at <http://www.assembly.nl.ca>. Selecting
Legislation provides a drop-down menu with links to consolidated legislation, annual statutes,
annual regulations, table of statutes, and table of regulations. This website is maintained by the
Office of the Legislative Counsel in order to facilitate convenient and reliable public access to
provincial legislation: see the Statutes Act, RSNL 1990, cS-26, s10.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:5

enacted statute at this site, select Legislation from the list of navigational items on
the left side of the page. A drop-down menu provides a link to Annual Statutes.
The SNL are organized by year and chapter number. The statute citation, which
includes the title of the act, the year of enactment, and the chapter number, can
be used to find the statute in print and online. Alphanumeric chapter numbering
is used for newly enacted statutes (e.g. S-13.02) and numeric chapter numbering is
used for amending statutes (e.g. c23).
Service Animal Act, SNL 2012, cS-13.02
An Act to Amend the Fish Inspection Act, SNL 2011, c23

In Newfoundland and Labrador, a historical fact informs legal citation of legislation. In 1949, Newfoundland entered into Confederation with Canada and joined
Canada as a province.5 At that time Labrador was not identified separately in the
new provinces name; therefore, citations to legislation enacted from that point
to 1991 do not refer to Labrador. However, in 1991, two statutes were enacted that
altered the reference to the provinces name within legislation. The Newfoundland
and Labrador Act provides for the following: An Act that contains a reference to
Newfoundland is amended to refer to Newfoundland and Labrador .6 Furthermore, the Attorney General Statutes Amendment Act, 2001 provides for the following:
A regulation that contains a reference to Newfoundland is amended to refer to
Newfoundland and Labrador .7 These provisions were brought into force on
6December 2001.8 As a result, when conducting legal research within primary
and secondary sources of law, you may at times discover citations to annual statutes as either Statutes of Newfoundland (SN) or Statutes of Newfoundland and
Labrador (SNL).

5 Constitutional materials related to the terms of union between Canada and Newfoundland are
printed in the Appendix, found in Volume 10 of the Revised Statutes of Newfoundland, 1990.
6 SNL 2001, c N-3.1, s 2. See section3 of this Act for three exceptions: section2 does not apply to the
following: (1) the Royal Newfoundland Constabulary; (2) an act relating to the Memorial University of Newfoundland, its pension plan, or the foundation; or (3) an act incorporating a professional
or occupational group that includes the name Newfoundland in its title.
7 SNL 2001, c 42, s45(1). See section45(2) of this Act for three exceptions: section45(1) does not
apply to a reference in a regulation to (1)the Royal Newfoundland Constabulary; (2)the Memorial
University of Newfoundland, its pension plan, or the foundation; or (3)a professional or occupational group that includes the name Newfoundland in its title.
8 See supra note 6, s 4: This Act comes into force on the day the Constitution Amendment, 2001
(Newfoundland and Labrador) comes into force. (In force - Dec. 6/01); see also supra note 7,
s45(3): This section is considered to have come into force on December6, 2001.

5-NL:6 The Comprehensive Guide to Legal Research, Writing & Analysis

C. Locating a Statute as Enacted


Task NL.1

Locating the Enacted Version of a Statute:


Print and OnlineOfficial
Locate the Service Animal Act, SNL 2012, cS-13.02.

Print

Printed by the Queens Printer in bound annual volumes (a given year may have
several volumes), the Statutes of Newfoundland and Labrador (SNL) contain the
official print versions of statutes enacted during each calendar year.

In a library, locate the call number of the SNL. Locate volume year 2012.
Statutes are organized alphabetically in a table of contents with chapter
numbers. Select the title or chapter S-13.02 to locate the Service Animal Act
within the 2012 volume.

Online

Go to the Newfoundland and Labrador House of Assembly website: <http://


www.assembly.nl.ca>. Select Legislation, and from the resulting drop-down
menu select Annual Statutes. This will result in a listing of annual years from
1991 to the current year. A link to RSN 1990 is also provided (see section IV.A
later in this chapter for a description of the RSNL 1990).

Choose 2012, then browse to locate Chapter S-13.02: Service Animal Act. A link
to the full text is provided.

The Act begins with the title An Act to Ensure Access for Service Animals Used
by Persons with Disabilities. However, note that section 1 provides that This
Act may be cited as the Service Animal Act. To navigate the contents of the Act,
consult the Analysis section at the beginning of the Act; it provides a summary
list of the section headings within the Act. The sentence This is an official
version appears at the top of the first page of the Act. Copies of annual
statutes accessed from this website under the Annual Statutes link are
considered official; review the disclaimer for exceptions at the Important
Information link, located at the top left side of the first page of the Act at the
time of online access.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:7

D. How Statutes Come into Force


A statute must come into force before it takes effect as law. The coming into force
(CIF) or effective date is an essential component of legal research. A Newfoundland
and Labrador statute as enacted establishes the method by which the statute comes
into force. An act may come into force immediately upon receiving royal assent;
however, the date of royal assent is not always the date that the act takes legal effect.
Some acts come into force on proclamation; others come into force on specific
dates, or contingent on certain conditions, while others are silent as to their coming

5-NL:8 The Comprehensive Guide to Legal Research, Writing & Analysis

into force. Statutes that are silent regarding their CIF date rely on interpretive
legislation that fixes their CIF date as the date of royal assent.9 Moreover, an act
can come into force as a whole, or sections of the act can come into force on various dates through staggered implementation.
CIF research is most challenging when it involves acts whose CIF date is established by proclamation. Because statutes that come into force in this way do not
specify their CIF date, additional steps are required to locate this information.

E. Locating CIF Dates: Online and Print


To locate CIF dates, use the annual statute versions of the Newfoundland and
Labrador statutes as enacted. These are available either in the annual print volumes
of the SNL or on the House of Assembly website: <http://www.assembly.nl.ca>.
For statutes enacted before 1991, you will need to consult the print volumes. For
enacted statutes from 1991 on, you may complete CIF research online. To obtain
an enacted version of a Newfoundland and Labrador statute, follow the steps
described in Task NL.1, above.
Use one of the procedures described below to obtain a statutes CIF information. Which procedure you use will depend on the particular circumstances of the
acts commencement section:
If the act comes into force on royal assent, the commencement section at the
end of the act will state that This Act comes into force on Royal Assent.
The date of assent is indicated at the top of the first page of the act, e.g.
(Assented to March24, 2005). Under these circumstances, 24March 2005
is the date of royal assent for the act and its CIF date as well.
If the act is silent and does not mention coming into force, its CIF date is the
date of royal assent. Refer to the Statutes Act, RSNL 1990, cS-26, s4, which
provides that an act comes into force on the date of royal assent unless
otherwise provided in the act. If the act is silent, locate the date of royal
assent on the first page of the act. This is the CIF date.
For example, the Avian Emblem Act, SNL 1992, cA-23 is silent regarding
its CIF date. On the Acts first page, directly following the long title, it states,
(Assented to December23, 1992). Therefore, the CIF date for this Act,
which establishes Fratercula arctica, also known as the Atlantic puffin, as the
avian emblem of the province, is the date of royal assent: 23December 1992.
If the commencement section in the act provides that the act takes effect on a
certain date, then that date is its CIF date. For example, section 46 of the
9 See the Statutes Act, supra note 3, s4.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:9

Social Workers Act, SNL 2010, cS-17.2 states: This Act shall come into
force on March31, 2011. Therefore, the CIF date for this Act is 31March
2011.
If there is a commencement section at the end of the act that states This Act
comes into force on a day to be proclaimed by the Lieutenant-Governor in
Council, then the act comes into force by proclamation. For example,
section 22 of the Rail Service Act, 2009, SNL 2009, cR-1.2 states: This Act
comes into force on a day to be proclaimed by the Lieutenant-Governor in
Council. In this case, you need to find the proclamation in order to ascertain the CIF date (see Task NL.2, below).
If the CIF date is contingent on certain conditions, additional research steps
may be required. For example, the Tax Agreement Act, 2010, SNL 2010,
cT-0.02, s9 states the following: This Act comes into force on the day the
agreement is executed. Determine the definition of agreement by locating section 2 of the Act, which states that agreement is defined as the
agreement in section 3. Section 3 refers to the Comprehensive Integrated
Tax Coordination Agreement between the Government of Canada and the
Government of Newfoundland and Labrador (agreement). Therefore,
the CIF date for this Act is the day this specific agreement was executed.
Ascertaining this information will require a further research step.
Go to the House of Assembly website: <http://www.assembly.nl.ca>.
Select Legislation, then browse the resulting Statutes & Regulations page
until you see a link for List of Proclamation (or effective) Dates for Acts
that did not come into force immediately. In the resulting Table of Acts
Subject to Proclamation, locate the Tax Agreement Act, 2010 in the first
column. The CIF date is listed in the third column as September19, 2011.
You may infer from this that the agreement was therefore executed on
19September 2011. Note that in the fourth column, Date of Proclamation
in Gazette, the entry for this Act is Not Applicable because the CIF date
for the Tax Agreement Act, 2010 was based not on proclamation but on a
conditionthe date of execution of the agreement.
If the sections of an act come into force on various dates through staggered
implementation, you will need to locate the CIF date for each section separately according to the specific words in the commencement section.
For example, the Veterinary Medical Act, 2004, SNL 2004, cV-4.1, s57
states: Sections 24 to 27 of this Act come into force 6 months after this Act
receives the Royal Assent. The Veterinary Medical Act, 2004 contains 57
sections; however, the Act is silent with regard to the CIF for all sections
other than sections 24-27. Determine the CIF date for sections 1-23 and
28-57 as follows:

5-NL:10 The Comprehensive Guide to Legal Research, Writing & Analysis

1.
Find the statute on the House of Assembly website: <http://www
.assembly.nl.ca>. Select Annual Statutes in the drop-down menu under
Legislation, then select 2004. In the resulting table, browse to find the
Veterinary Medical Act, 2004. The date of royal assent indicated on
the first page is (Assented to December16, 2004). Sections 1-23 and
28-57 are silent with regard to commencement; therefore, they come
into force on 16December 2004, the date of royal assent of this Act.
2.
Next, determine the CIF date for sections 24-27 of this Act, which
come into force six months after the Act receives royal assent pursuant
to section 57. Six months after 16December 2004, the date of royal
assent, is 16June 2005. Therefore, the CIF date for sections 24-27 is
16June 2005.

Task NL.2

Locating CIF Information for Statutes Brought


into Force by Proclamation
Determine when the Rail Service Act, 2009, SNL 2009, cR-1.2 came into force.
Section 22 of the Rail Service Act, 2009 states the following: This Act comes into
force on a day to be proclaimed by the Lieutenant-Governor in Council. Thus,
though the start of the Act states that it was assented to 28May 2009, this is not
its CIF date. In order to determine the CIF date, you need to locate the date of
proclamation. Dates of proclamation may be found in print and online.

Print

To find the CIF date for a statute brought into force on proclamation, locate the
most recent annual bound print volume of the Statutes of Newfoundland and
Labrador, available in law libraries. Turn to the green pages at the back of each
annual SNL volume, which contain the Table of Acts Subject to Proclamation.

This table provides a list of statutes, passed before and subsequent to the
Revised Statutes of Newfoundland and Labrador, 1990, to come into force by
proclamation, and the effective date of proclamations (i.e. the CIF date) issued
to 31December of the year of the volume. Note the currency date on the first
page of the table.

Online
CIF dates for statutes brought into force on proclamation can be located online in
a number of ways.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:11


1. Go to the House of Assembly website: <http://www.assembly.nl.ca>. Select
Legislation, then scroll down the resulting Statutes & Regulations page until
you see a link for List of Proclamation (or effective) Dates for Acts that did
not come into force immediately. The resulting Table of Acts Subject to Proclamation provides, in four columns, the following information:

the short titles of acts, listed chronologically, passed before and subsequent
to the Revised Statutes of Newfoundland and Labrador, 1990, to come into
force by proclamation and the effective date of proclamations issued to date

the citations for these acts

the date of coming into force (effective date)

the date of proclamation in The Newfoundland and Labrador Gazette, along


with a link to the full text of the proclamation

Browse to find the Rail Service Act, 2009 in the table. The third column indicates that 16July 2010 is the CIF date for this Act, while the fourth column
shows that 16July 2010 is also the date of proclamation in The Newfoundland
and Labrador Gazette. Choose the link in the fourth column to see the full text
of the proclamation bringing the Act into force, which is found in Regulation
NLR 46/10. Note that the CIF date is 16July 2010, and not 14July 2010, which
is the date the regulation was filed.

5-NL:12 The Comprehensive Guide to Legal Research, Writing & Analysis


2. Another way to find CIF information for an act brought into force by proclamation is to search The Newfoundland and Labrador Gazette, the official
government newspaper for Newfoundland and Labrador. This way of searching requires the following steps:

Go to the Newfoundland and Labrador Queens Printer website: <http://


www.servicenl.gov.nl.ca/printer/index.html>. Select The Newfoundland
and Labrador Gazette, then choose Weekly Issues, which will result in a
listing of years from 2001 to the present. Select 2010.

Links to PDFs for each issue of The Newfoundland and Labrador Gazette are
provided. Each issue, once selected, will open in a new tab or window.
Browse the 2010 issues. For each issue, use your PDF viewers search
function to find the Index.

When you reach the July16 issue (vol85, no28), you will find, in the Index,
under Part IIContinuing Index of Subordinate Legislation, several
entries for the Rail Service Act, 2009. The first of these is a listing
for Proclamation bringing Act into force; it refers you to Regulation NLR
46/10 and to page 331 of the July16 issue. Scroll up to find page 331.

Regulation 46/10 on page 331 states that the Rail Service Act, 2009 shall
come into force on the date of publication of this proclamation in The
Newfoundland and Labrador Gazette. To confirm that the date of
publication is 16July 2010, go to the first page of this weekly issue, where
the publication date is identified. The publication date is 16July 2010.
Therefore, the CIF date for the Rail Service Act, 2009 is 16July 2010.

II. How to Track a Bill Currently Before


the Newfoundland and Labrador
House of Assembly
A.Purpose
To determine the reasons for a bills creation, you may need to track a bills progress through the House of Assembly and to consider the discussions that were
held during debates. The Debates of the House of Assembly (Hansard) are organized by date. By using the dates of first reading, second reading, and third reading,
you can gather information about a bill based on the debates. Tracking bills currently before the House of Assembly can now be done online as well as in print.
However, only a limited amount of historical research into debates and discussions
can be done online. As your research takes you further back in time, you may
require print sources for research of this kind.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:13

B. Viewing Bills Online


Task NL.3

Viewing Bills Online

Go to the Newfoundland and Labrador House of Assembly website: <http://


www.assembly.nl.ca>. From the drop-down menu under Proceedings, select
Progress of Bills. The resulting table lists bills for the current session and
provides detailed information regarding each bills progress through first
reading, second reading, committee amendments, third reading, date of royal
assent, and chapter-number location in the volumes of annual statutes. Select
the title of a bill to view the full text. Bills from previous sessions starting in
2000 can be accessed through the View other sessions link.

C. Compiling a Legislative History


Key components of a legislative history for Newfoundland and Labrador statutes
include:
bill number and bill title
legislature and session number
introducing minister or member
dates of first reading, second reading, and third reading, and the corresponding page numbers for each in Hansard
names of committees referred to, committee disposition, corresponding
page numbers in Hansard, and a citation to the committee report itself, if
available
date of royal assent or proclamation
date of coming into force and its authority, including, where relevant,
thecitation to The Newfoundland and Labrador Gazette issue in which the
proclamation was published
citation to the relevant year and chapter in the annual SNL
relevant copies of debates and committee reports
To compile information for a legislative history, you will need to construct a
legislative history table. Begin by using the Progress of Bills table to locate the dates
of first, second, committee, and third reading. However, the Progress of Bills table
does not provide a direct link to the debates in Hansard. Therefore, on the House
of Assembly website, first select Hansard at <http://www.assembly.nl.ca/business/
hansard/> and then select Hansard Indexes for the years 1998-Present. Select

5-NL:14 The Comprehensive Guide to Legal Research, Writing & Analysis

Subject Index for the relevant session of the legislature, then select the letter corresponding to the name of the bill. Using a keyword or phrase, search for the bill.
The example that follows illustrates how to construct a legislative history for
the Service Animal Act, SNL 2012, c S-13.02, which came into force in 2012.
Use the Progress of Bills table to locate the dates the bill passed first, second, and
third reading. Enter this information into your legislative history table. On the
House of Assembly website select Hansard Indexes for the years 1998-Present.
Choose Subject Index for the 47th General Assembly, 1st Session. Select the
letterS. Search for the bill using the keywords Service Animal. Under the heading Service Animal Act (Bill17) you will find page references to the print volumes
of Hansard (official source) with links to the online version (unofficial source).
Go to each of the pages listed to find the issue number for each debate. Record the
issue number, along with the volume number and page numbers, in your table.
SAMPLE LEGISLATIVE HISTORY
Bill number:

17 (2012)

Title of bill:

An Act to Ensure Access for Service Animals Used by Persons


with Disabilities

Introducing member: Collins, Hon Mr Felix, Minister of Justice and Attorney


General
Legislative session:

1st Session, 47th General Assembly, 61 Elizabeth II, 2012

Progress:

Stage

Date

Location in the Debates

First reading

15 May 2012

Vol 47, no 32, 1585-1586

Second reading

31 May 2012

Vol 47, no 41, 2068

Debates on second reading

31 May 2012

Vol 47, no 41, 2068-2074

Committee of the Whole

4 June 2012

Vol 47, no 42,


2158(14)-2158(15)

Third reading

5 June 2012

Vol 47, no 43, 2185

Royal assent

27 June 2012

(See the enacted version of


the statute)

Enacted as:
Service Animal Act, SNL 2012, cS-13.02
In force:
27 June 2012
By what authority: The Act is silent as to its coming into force date; therefore, the
Act comes into force on the date of royal assent: 27June 2012.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:15

III. Official and Unofficial Sources


of Legislation
A. Official and Unofficial Sources of Law
1. Official Sources
Official sources of provincial law are government publications that disseminate
legislation. For evidentiary purposes in court, official versions should be provided,
as stipulated by the Statutes Act 10 and other interpretive statutes.
In Newfoundland and Labrador, official sources of statutes include both print
versions and online versions: a copy of legislation or consolidated legislation is considered to be an official copy if it is printed by the Queens Printer11 or if it is accessed
online from the legislation website in a form or format prescribed in a regulation
made under the Statutes Act.12 The Statutes Act defines legislation website as the
website of the House of Assembly for legislation at <http://www.assembly.nl.ca>
or another website address specified by a regulation made under the Act.13
The Statutes Act defines legislation as Acts and subordinate legislation.14 It
defines consolidated legislation as legislation into which are incorporated
amendments that are enacted by the Legislature or filed by the Registrar of Subordinate Legislation under Part II of theStatutesand Subordinate LegislationAct.15
Therefore, a copy of legislation or consolidated legislation accessed on the Newfoundland and Labrador House of Assembly website (<http://www.assembly.nl.ca>)
is considered to be an official copy.
However, there is currently an exception regarding point-in-time legislation
(see the discussion in section IV.E below), including both point-in-time statutes
and point-in-time regulations; they are not considered to be an official copy if
accessed on the House of Assembly website. Under section 11(2) of the Statutes Act,
the term official does not apply to a copy of legislation or consolidated legislation
from the Queens Printer or the House of Assembly website that is accompanied
by a disclaimer to the effect that it is not intended as official, if the disclaimer is
on the legislation website when the copy is accessed. Currently, the Important
Information link at the start of legislation available from the House of Assembly
10 Ibid.
11 Ibid, s11(1)(a).
12 Ibid, ss 11(1)(b),17(b).
13 Ibid, ss 9(1)(c), 17(a).
14 Ibid, s9(1)(b).
15 Ibid, s9(1)(a).

5-NL:16 The Comprehensive Guide to Legal Research, Writing & Analysis

website provides a disclaimer that states: a copy of point in time legislation accessed
from this website is not an official copy under subsection 11(2) of theStatutes Act,
RSNL 1990, cS-26. Review the disclaimer in the Important Information link
during the research process to determine applicable exceptions.

2. Unofficial Sources
Any source not designated by statute as evidence of the law for courtroom use is
an unofficial source of law. While commercial publications and non-commercial
publications in print and online (e.g. CanLII, Westlaw Canada, and LexisNexis
Quicklaw) can be used for research purposes, they are considered unofficial
sources of law.

IV. Locating and Working with


Amendments, Statute Revisions,
and Consolidations
A. How Newfoundland and Labrador Acts Are
Amended, Consolidated, and Revised
Over time, Newfoundland and Labrador statutes were occasionally organized into
print sets of revised statutes that incorporated amendments and repeals. Revised
sets of statutes were published in 1916 (consolidation), 1952, 1970, and 1990
(revised) in print volume sets. The most recent print revision is the Revised Statutes of Newfoundland and Labrador, 1990 (RSNL 1990). Compiling the RSNL
1990 involved revising and consolidating the public general statutes of Newfoundland as contained in the Revised Statutes of Newfoundland, 1970 and the annual
statutes enacted in the years 1971 to 1990.
The RSNL 1990 was then brought into force in its entirety under the authority
of the Revised Statutes, 1990 Act.16 When referring to a statute as it appears in the
print RSNL 1990, assume that the statute itself or the section being referenced is
in force. To locate a statute in the RSNL 1990, use a law library catalogue to locate
the print set of the Revised Statutes of Newfoundland and Labrador, 1990. It consists of a set of ten volumes, with schedules and appendixes located in volume10.

16 SNL 1991, c41.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:17

Online access to a PDF copy of the RSNL 1990 is provided on the Annual Statutes
page of the House of Assembly website. This is also an official copy. Consult the
table of contents in volume1 to locate the volume in which the relevant statute is
located.
However, note that certain statutes were not included in the revisions of 1952,
1970, and 1990 and are still in force. Information about them is available from
several sources:
A list of the public general statutes enacted between 1893 and 1990 that
were not consolidated in or repealed by the RSNL 1990 are listed in Schedule C, Acts not consolidated in or repealed by RSNL 1990, on blue pages
located at the back of each print annual volume of the Statutes of Newfoundland and Labrador.
Consult the first page of the Table of Public General Statutes, on pink
pages, and the first page of Schedule C, on blue pages, both located at the
back of the most recent annual SNL statute volume, for further detailed information regarding these unconsolidated statutes.
Schedule C is available online at the House of Assembly website: <http://
www.assembly.nl.ca>. Select Legislation. On the resulting Statutes & Regulations page, scroll down to find the link entitled List of Acts Not Included
in the Consolidation. Schedule C provides an informative resource for historical research.

B. Locating and Updating Consolidated Newfoundland


and Labrador Statutes
Recall that the most recent print set of revised statutes is presented in the RSNL
1990. This set of revised statutes reflects a statement of the law as of 31December 1990 but does not include any amendments to the revised statutes made since
1990. Online, statutes are consolidated. Therefore, the original text of a revised
statute from the RSNL 1990 may have been altered by amendments made between
31December 1990 and the present. In addition, new statutes with any subsequent
amendments enacted since the RSNL 1990 are incorporated into the consolidated
online version. Currency dates are provided at the top of the first page of the online consolidations, indicating that amendments have been included in the online
statute version up to the currency date noted on the day of access. Therefore the
term consolidated, when referring to an online version of a statute, includes both
revised and annual statutes as amended. Consolidated statutes are located on the
House of Assembly website under the link to Legislation.

5-NL:18 The Comprehensive Guide to Legal Research, Writing & Analysis

Task NL.4

Locating Consolidated Statutes: Online


Locate consolidated statutes of Newfoundland and Labrador.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Consolidation and link to the
Consolidated Statutes and Regulations page. Select Browse Alphabetical List
of Statutes.

An alphabetical list of statutes is presented, along with links to the regulations


associated with each enabling statute. These statutes are considered to be a
current statement of the law, and are updated online. Select the letter that
corresponds to the title of the act you are searching for. A link to the full text of
the consolidated statute is provided.

Record the currency statement for each consolidated statute, which is


provided at the top of the first page of each individual consolidated statute
page via the link How current is this statute?

Consolidated statutes accessed on the House of Assembly website are official


copies according to the information provided by the Important Information
link at the top of each consolidated statute and pursuant to Statutes Act, RSNL
1990, cS-26, s11(1)(b). Furthermore, the statement This is an official version
may appear at the top of the first page of the statute.

Note that point-in-time statutes presented on the Consolidated Statutes and


Regulations page are not currently considered official copies according to the
disclaimer on the Important Information link.

C. Locating Newfoundland and Labrador


Statute Amendments
1. Using the Amendment Information Line
At the end of a statute section, a series of citations may be provided. If more than
one citation is provided, this indicates that an amendment or amendments have
been made to a particular section. Once an amendment line is located, use the
citations provided to locate the amending information.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:19

Task NL.5

Locating Statute Amendments: Amendment Information Line


Determine whether section 18 of the Historic Resources Act, RSNL 1990, cH-4 has
been amended.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Consolidation. On the Consolidated
Statutes and Regulations page, choose Browse Alphabetical List of Statutes.
In the alphabetical listing provided, locate the Historic Resources Act. Find
section 18.

The following citations are provided at the end of section 18:


2001 c31 s16; 2007 c17 s4

The first citation means that section 18 was enacted by the statute SNL 2001, at
chapter31, at section16. The amendment information is located at the second
citation and consists of three components: statute year (2007), chapter (17),
and section (4). This means that section 18 was amended by a statute in 2007,
at chapter17, specifically at section4.

This amendment line does not provide the title of the amending statute or the
content of the amendment regarding section 18. To locate the actual text of
the amendment, select the link in the amendment line citation: 2007 c17 s4.
The resulting statute is An Act to Amend the Historic Resources Act. Section 4 of this
Act states the following: Section 18 of the Act is amended by striking out the
words registered historic site where they twice occur and substituting the words
registered provincial cultural resource . Record the CIF date of the amending
statute. (Since the amending act is silent about its coming into force, the CIF date
is the same as the date of royal assent for the amending statute: 14June 2007.)

An alternative method of finding amendment information for section 18 of the


Historic Resources Act, RSNL 1990, cH-4 is to go to the House of Assembly
website (<http://www.assembly.nl.ca>) and select Annual Statutes from the
drop-down menu under Legislation. Select 2007. In the resulting table, locate
chapter 17. Choose Historic Resources (Amendment) Act . Review section 4.
Record the CIF date. (Since the amending act is silent about its coming into
force, the CIF date is the same as the date of royal assent: 14June 2007.)

2. The Table of Public Statutes


The Table of Public Statutes can be used to locate statute amendments and their
corresponding citation references. Currently, the Table of Public Statutes is available online at the House of Assembly website: <http://www.assembly.nl.ca>. From
the drop-down menu under Legislation, select Table of Statutes. This provides an

5-NL:20 The Comprehensive Guide to Legal Research, Writing & Analysis

alphabetical list. Choose the letter that corresponds to the title of the act you are
searching for. On the resulting page, acts are listed alphabetically. The table for the
act selected provides the title of the act, the citation number, amendments, and
whether it has been repealed or replaced by another statute. CIF information is
not provided for amendments.

Task NL.6

Locating Statute Amendments: Table of Public Statutes


Using the Table of Public Statutes, locate the amending information for the Historic Resources Act, RSNL 1990, cH-4, s18.

Online

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Table of Statutes. Choose the
letter H on the resulting Table of Public Statutes page.

Browse the table and locate Historic Resources Act. In the resulting table,
under Amendments, locate the entry for section 18, which is as follows:
s 18, R&S 2001 c 31 s 16; 2007 c 17 s 4

The first part of this citation means that section 18 was repealed and substituted
(R&S) by the statute enacted in the SNL 2001 annual volume at chapter31, at
section16. The second part of the citation means that section18 was amended
in 2007 by a statute located in the SNL 2007 annual volume at chapter 17,
section4. Note that only section 18 is boldfaced in this line; this distinguishes
it from the amendment information. The citation does not provide the CIF
(effective) date or provide information about how the amending statute came
into force, nor does it provide the text of the amendment.

Note that the currency date of the information in the table itself is located at
the bottom of the page: Last Updated: [date].

Locate and review the amending statute SNL 2007 by going to the House of
Assembly website and selecting Annual Statutes from the drop-down menu
under Legislation. Select the year: 2007. Then locate chapter 17, alongside the
title of the Act: An Act to Amend the Historic Resources Act . Select the Act and
locate section 4, which states: Section 18 of the Act is amended by striking
out the words registered historic site where they twice occur and substituting
the words registered provincial cultural resource .

Record the CIF date for the relevant amendment, section 4. The statute is silent
regarding CIF. Therefore, the CIF date is the date of royal assent indicated at
the start of the Act: 14June 2007.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:21

Print

In a law library, use the library catalogue to locate the most recent annual print
volume of the Statutes of Newfoundland and Labrador.

For public statutes, review the Table of Public General Statutes, which is found
in the pink pages at the back of each annual print volume of the SNL. It lists, in
alphabetical order, public general statutes from 1834 on, with chapter number
and amendment citation information. CIF information is not provided in this
table. Record the currency date provided on the first page.

For private statutes, review the Table of Local, Personal, and Private Statutes,
1834 to present, which is found in the yellow pages at the back of each annual
volume of the Statutes of Newfoundland and Labrador. It lists the acts in
alphabetical order with year enacted, chapter number, and amendment
citation information. CIF information is not provided. Record the currency date
provided on the first page.

D. Updating Newfoundland and Labrador Statutes


To update a statute to the most current version, it is easiest to use online resources,
which are updated regularly and provide currency date information.
To update a statute, do the following:
Locate the consolidated statute online. Go to the House of Assembly
website: <http://www.assembly.nl.ca>. From the drop-down menu under
Legislation, select Consolidation. Then choose Browse Alphabetical List
of Statutes. Find the statute in the alphabetical listing. A link is provided
at the beginning of the statute: How current is this statute? Record the
currency date provided: Statutes consolidated to [date].
Next, locate the Table of Public Statutes on the House of Assembly website
(see Task NL.6) to determine whether the statute amendment information
contained in the Table of Public Statutes is more current than the online
consolidated version of the statute. (Look for the currency date of the table
by finding Last updated: [date] on the web page of the statute within the
table.) If it is, check amendments to the statute being searched and record
any amendments noted in the table that are not contained in the online
version of the consolidated statute. Use the citations provided in the table
to locate the amending statutes.
Next, update to the most recent weekly issues of The Newfoundland and
Labrador Gazette. Return to the House of Assembly website. Select Links
from the top of the home page. On the Links page, select Office of the
Queens Printer, then choose The Newfoundland and Labrador Gazette.

5-NL:22 The Comprehensive Guide to Legal Research, Writing & Analysis

On The Newfoundland and Labrador Gazette page, select The Newfoundland and Labrador Gazette Publication Dates - [year]. Determine whether
any weekly issues have been published since the currency date provided in
the consolidated statute and the Table of Public Statutes.
If no new issues have been published since the currency date, updating in
the Gazette is complete. If an issue was published after the currency date,
search for proclamations that affect the statute being updated. In addition,
you may search the Progress of Bills charts on the House of Assembly
website and review the table provided for the relevant statute.

E. Locating Prior Versions of Statutes


1. Point-in-Time Research
Point-in-time (PIT) research (also known as period-in-time research) determines
the version of a statute that was in force when a specific event occurred. To undertake PIT research, do the following:
Determine the relevant time to be searchedi.e. the date or dates of the
event.
Generally speaking, the law that governs the matter is the version of the law
that was in force on the date that the event occurred.17 However, there are
exceptions to this general rule. Therefore, review the relevant statute itself
along with relevant interpretive Newfoundland and Labrador statutes such
as the Interpretation Act, RSNL 1990, cI-19, the Evidence Act, RSNL 1990,
cE-16, the Statutes Act, RSNL 1990, cS-26, and other relevant statutes to
be fully informed of all current exceptions.
The House of Assembly website provides a link to PIT statutes. Go to the
website and select Consolidation from the drop-down menu under Legislation. On the Consolidated Statutes and Regulations page, choose Point in
Time Statutes and Regulations. On the resulting page, choose Browse Point
in Time Alphabetical List of Statutes. (You may also select Browse Point in
Time Table of Statutes.) Beneath each statute title in the alphabetical listing,
a currency date is provided for the earlier (PIT) versions of statutes, which
are available for viewing. Note that the versions of statutes provided by the
Point in Time Statutes and Regulations page are not official versions.
PIT research can also be conducted on CanLII.

17 See the Interpretation Act, RSNL 1990, cI-19.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:23

2. Historical Legislation
The House of Assembly website <http://www.assembly.nl.ca> provides some historical versions of statutes. From the drop-down menu under Legislation, select
Consolidation. On the Consolidated Statutes and Regulations page, choose the
Historical Statutes of Newfoundland link. Doing so results in a listing of three
years: 1873, 1892 Second Series, and 1990, representing a selection of historically significant Newfoundland statutes. Choosing one of these three options will
result in a table showing the statutes, listed by chapter number, that were passed
in the House of Assembly in the given year. A link to the PDF version of the
statute is provided for some, but not all, historical statutes presented as follows:
Select 1873 to view a table listing the Statutes of Newfoundland enacted
in 1873.
Select 1892 Second Series to view The Newfoundland Lawyers Vade
Mecum, 1892, which is described at the top of the web page as a selection
from the consolidated statutes (second series) of those chapters to which
reference is most frequently required in practice. With an appendix, of
matters relating to the government, the legislature, the administration
ofjustice, &c., in the colony. Links to full text are provided.
Select 1990 to view the enacted Statutes of Newfoundland, 1990. Links to
full text are provided.
You may also choose History and Disposal of Acts Table on the Consolidated Statutes and Regulations page. The resulting table provides a historical
review of acts from the RSN 1970, and acts passed between RSN 1970 and
SN 1990 relative to RSNL 1990, including repeal information.

F. Backdating a Statute
If a statute has been revised and consolidated over many years, or if it has been
repealed and re-enacted, the original drafters legislative intent may not be apparent.
In these situations, the originating (parent) act must be located. Print versions of
the statutes may be required for historical research; in many cases, this information
is not available online. Task NL.7 explains the steps you need to take to backdate
and locate the original version of the Volunteer War Service Medal Act, 1993, SNL
1993, cV-7.1, which came into force 17December 1993. The original act will be
an annual statute (not a revised statute) that does not repeal a pre-existing act.

5-NL:24 The Comprehensive Guide to Legal Research, Writing & Analysis

Task NL.7

Backdating a Statute
Locate the statute that originated the Volunteer War Service Medal Act, 1993, SNL
1993, cV-7.1.

Locate the enacted version of the statute online at the House of Assembly
website (use the steps described in Task NL.1) or in the 1993 print version of
the Statutes of Newfoundland and Labrador. Note that section 8 repeals the
pre-existing version of the statute, the Volunteer War Service Medal Act, RSN
1990, cV-7.

This citation to RSN 1990, cV-7 indicates that the statute was enacted before
the 1990 statute revisions. Locate the statute at chapter V-7 in the RSNL 1990
revised statutes. To do this, access the print version of the RSN 1990, at
volume10, chapter V-7, or the online version on the Annual Statutes page of
the House of Assembly website.

In the RSN 1990, c V-7, locate the citation to the previous version of the Act.
Atthe end of section 1 of the Act, you will find the citation 1981 c33 s1.
TheVolunteer War Service Medal Act, as consolidated in the RSNL 1990, was
therefore based on the statute version found in SN 1981, c33, s1.
Examined:

Referred to:

SNL 1993, c V-7.1, s 8

Repeals RSN 1990, c V-7

RSN 1990, c V-7, s 1

SN 1981, c 33

Locate the annual statute in the SN 1981 volume at chapter 33. Read the statute
to search for a statement of repeal. This version of the statute does not repeal
any pre-existing version of the statute. It came into force upon the date of
royal assent: 14July 1981. The long title reveals the original drafters legislative
intent: An act respecting the award of medals to veterans of the province who
volunteered to serve in the British Imperial Forces during the Second World War.

The process of backdating is now complete. The Volunteer War Service Medal
Act, SN 1981, c33 does not repeal any pre-existing version of the Volunteer War
Service Medal Act. Therefore, it is the parent or originating act of the Volunteer
War Service Medal Act, 1993, SNL 1993, cV-7.1.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:25

V. Working with Regulations


A. Locating Regulations as Filed
A regulation is classified as one type of subordinate legislation that derives its
authority from an enabling act. Not all acts provide authority to create a regulation. If a Newfoundland and Labrador provincial act provides authority for the
creation of regulations, it is expressly stated in one of its sections. The section may
provide, for example, that the Lieutenant-Governor in Council, or a minister,
may make regulations generally to give effect to the purpose of the act.18 Alternatively, the section may specify the type of regulation to be made.19
Once a regulation is created pursuant to an enabling act, it is filed with the
Registrar of Subordinate Legislation (registrar). Section 9(1)(d) of the Statutes
and Subordinate Legislation Act defines the registrar as the Legislative Counsel.20
Once a regulation is filed, the registrar is required to publish it in The Newfoundland and Labrador Gazette within one month of filing.21 Filing and publication of
subordinate legislation may be accomplished by electronic or computer-generated
means, and regulations are numbered in order of filing, by calendar year.22
The Newfoundland and Labrador Gazette, published by the Queens Printer, is
the official newspaper of the government and comprises two parts. Part I contains
notices, and Part II contains subordinate legislation filed with the registrar. Weekly
issues are published every Friday. Additional or extraordinary issues are published if a different day is required for the notices or regulations to take effect.
Regulations published by the Queens Printer in the print version of The Newfoundland and Labrador Gazette, Part II are considered to be official versions.23 In
addition, under the authority of section 11(1.1) of the Statutes and Subordinate
Legislation Act, a copy of a Newfoundland and Labrador regulation published
online is considered to be official if it is accessed from the legislation websitei.e.

18 See e.g. the Children and Youth Care and Protection Act, SNL 2010, cC-12.2, ss 2, 83. Section 2 of
this Act defines minister as the minister appointed under theExecutive Council Actto administer this Act.
19 See e.g. the Wilderness and Ecological Reserves Act, RSNL 1990, c W-9, s 29(c): The LieutenantGovernor in Council may make regulations respecting access to a reserve, provisional reserve or
emergency reserve.
20 RSNL 1990, cS-27.
21 Ibid, s11(1).
22 Ibid, ss 10(5), 11(1.1), 14.
23 Supra note 3, s11(1)(a).

5-NL:26 The Comprehensive Guide to Legal Research, Writing & Analysis

the House of Assembly website (<http://www.assembly.nl.ca>)in a prescribed


form or format.24 Legislation website is defined as the website of the House of
Assembly for legislation at <http://www.assembly.nl.ca> or another website address specified by a regulation.25 However, a copy of point-in-time subordinate
legislation accessed on the House of Assembly website is not currently considered
to be official, pursuant to the Statutes Act as noted in the Important Information
disclaimer posted on this website.26
The title of the specific enabling act, as well as the regulation title and number,
may be used for researching regulations. A citation to a regulation as filed may be
cited as Newfoundland and Labrador Regulation or NLR followed by its number,
a vertical stroke, and the last two figures of the filing year.27 The components of a
regulation, e.g. NLR 81/12, as filed include:
NLR: Abbreviation for Newfoundland and Labrador Regulation
81:

Regulation number

12:

Last two figures of the year the regulation was filed

Although lawyers frequently require a current consolidated version of a regulation, sometimes lawyers require a copy of the original version of a regulation as
filed with the registrar and published in The Newfoundland and Labrador Gazette,
Part II.

24 Supra note 20, s 11(1.1).


25 Supra note 3, s 17(a).
26 Ibid, s11(2).
27 Supra note 20, s 14.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:27

1. Finding Regulations as Filed Using the Newfoundland


and Labrador Gazette: Print
Task NL.8

Locating a Regulation as Filed: Print


Use the print version of The Newfoundland and Labrador Gazette to locate Newfoundland and Labrador Regulation NLR 1/03, which was made pursuant to the
Wilderness and Ecological Reserves Act, RSNL 1990, cW-9, s22.

In a law library catalogue, locate the call number of The Newfoundland and
Labrador Gazette, Part II printed by the Queens Printer. Locate the weekly
issues or the bound annual volumes, which contain the official print version of
regulations. A given year may have several volumes.

Regulations are organized by number and by year. The citation 1/03 tells you
that this regulation was the first regulation filed in the year 2003. Locate the
2003 volume of The Newfoundland and Labrador Gazette, Part II, and search for
Regulation 1.

The regulation is located on page 5 of volume 78, from the year 2003. The
regulation title is Mistaken Point Extension Emergency Ecological Reserve Order.
This regulation creates a reserve area for the purpose of protecting the oldest
known Ediacaran fossils in the world. The regulation indicates that it was made
under the authority of section 22 of the Wilderness and Ecological Reserves Act.

This regulation was filed with the registrar on 6January 2003, as noted at the
top of the first page.

2. Finding Regulations as Filed Using the Newfoundland


and Labrador Gazette: Online
Task NL.9

Locating a Regulation as Filed: OnlineHouse of


Assembly Website
Find Regulation NLR 1/03, Mistaken Point Extension Emergency Ecological Reserve
Order, as published online in The Newfoundland and Labrador Gazette.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Annual Regulations, which contain
regulations that were published in The Newfoundland and Labrador Gazette
during a particular year.

5-NL:28 The Comprehensive Guide to Legal Research, Writing & Analysis

The Annual Regulations page lists years from 1996 on. Select 2003i.e. the
year the regulation was filed.

In the resulting table, locate the regulation that is numbered 1/03; it is the first
in the list: Mistaken Point Extension Emergency Ecological Reserve Order.

To view the full text of the regulation, select the title Mistaken Point Extension
Emergency Ecological Reserve Order.

The top of the first page of this online version of Regulation 1/03 indicates that
it is an official version and that it was filed on 6January 2003.28

28 To view a current disclaimer regarding official versions of print and electronic copies of regulations,
choose the Important Information link at the top of the page on the left side.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:29

B. How Regulations Come into Force


A regulation must come into force before it takes effect as law. Pursuant to section
10(2) of the Statutes and Subordinate Legislation Act, a Newfoundland and Labrador regulation that has been filed with the registrar comes into force on the day it
is published in The Newfoundland and Labrador Gazette, unless another day is
provided.29
Therefore, once a regulation is located, determine whether it has come into
force by locating the day it was published in The Newfoundland and Labrador
Gazette. For regulations filed from 1996 on, you may locate the date of The Newfoundland and Labrador Gazette publication for a regulation, and thus its CIF
date, online, through the House of Assembly website. This website provides two
resources for ascertaining the CIF date for a regulation:
an Annual Regulations page, organized by regulation year and by the titles
of enabling statutes
a Table of Regulations page, organized alphabetically by enabling statute title
For purposes of historical research, the House of Assembly website also provides
access to the following two tables on its Consolidated Statutes and Regulations
page: (1) Annual Register of Subordinate Legislation, 1978-1995, and (2) Annual
Register of Subordinate Legislation, 1973-1976.

Task NL.10

Locating a Regulation CIF Date in the Annual Register


of Subordinate Legislation: Online
Determine the CIF date for NLR 1/03, Mistaken Point Extension Emergency Ecological Reserve Order, made under the Wilderness and Ecological Reserves Act.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Consolidation. On the resulting
Consolidated Statutes and Regulations page, choose Annual Register of
Subordinate Legislation. Doing so provides three kinds of listings of subordinate
legislation from 1996 to the present: an alphabetical listing, a numerical listing,
and an annual register. Note the currency date for each listing.

From the third listingAnnual Register of Subordinate Legislation 1996[year]choose Newfoundland and Labrador Regulations 2003. This provides
a numerical register tabulating the following information regarding each 2003

29 Supra note 20, s10(2).

5-NL:30 The Comprehensive Guide to Legal Research, Writing & Analysis


regulation: regulation number, date filed, Gazette date (i.e. the date of its
publication in the Gazette and its page location), the title (subject) of the
regulation, the title of the enabling act, the OC (order in council) number, the
government department responsible for the regulation, and an account of
what legislation, if any, the regulation replaces, amends, or consolidates.

Browse to find Regulation 1/03 and check the entry in the column under
Gazette Date. The date given is Jan10/03. This is the date of the regulations
publication in The Newfoundland and Labrador Gazette and therefore its CIF
date is 10January 2003.30

In the alternative, if you do not know the regulation citation, you can locate
the regulation and its CIF date by using the title of the enabling act. On the
Consolidated Statutes and Regulations page, choose Annual Register of
Subordinate Legislation. Under Alphabetical Listing of Subordinate Legislation
1996- [year], choose Alphabetical Listing 1996- [year].

In the resulting table, find the enabling act, the Wilderness and Ecological
Reserves Act, in the alphabetical listing of enabling acts. Browse to find the
Mistaken Point Extension Emergency Ecological Reserve Order in the fourth
column, under Subject. The third column, under Gazette Date, provides the
date of the regulations publication in The Newfoundland and Labrador Gazette:
Jan.10/03. Therefore the CIF date for NLR 1/03 is 10January 2003.

30 The notation R&S by 32/07 in the column under Subject tells you that NLR 1/03 was repealed and
substituted by NLR 32/07. Further research is necessary to locate NLR 32/07 in order to ascertain
the version of the regulation currently in force.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:31

C. How Newfoundland and Labrador Regulations


Are Amended and Consolidated
Regulations made pursuant to a statute may be amended and consolidated. According to section 9(1)(a) of the Statutes Act,31 consolidated legislation is legislation
into which are incorporated amendments that are enacted by the Legislature or
filed by the Registrar of Subordinate Legislation under Part II of the Statutes and
Subordinate Legislation Act. Section 9(1)(b) of the Act defines legislation as Acts
and subordinate legislation.32 Therefore, consolidated regulations are regulations
into which amendments have been incorporated. The province of Newfoundland
and Labrador consolidated existing subordinate legislation in 1978-79. The most
recent print consolidation was completed in 1996 and is found in the Consolidated
Newfoundland and Labrador Regulations, 1996 (CNLR). Current consolidated regulations may be accessed online and are updated frequently.
To access current consolidated regulations online, go to the House of Assembly
website: <http://www.assembly.nl.ca>. Select Consolidation from the drop-down
menu under Legislation. On the Consolidated Statutes and Regulations page,
choose either Browse Alphabetical List of Regulations or Browse Alphabetical
List of Statutes, the latter providing links to regulations. CanLII also provides
links to current consolidated regulations with content from 9June 2004 to the
present. CanLII versions are considered unofficial. As online databases are updated frequently, check the currency information on the date of online access.

1. Locating Consolidated Regulations


Task NL.11

Locating Consolidated Regulations: Online


Locate consolidated regulations made under the Volunteer War Service Medal Act,
1993, SNL 2003, cV-7.1.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Consolidation. On the Consolidated
Statutes and Regulations page, choose Browse Alphabetical List of Statutes.

Choose the letter V and locate the Volunteer War Service Medal Act, 1993, SNL
2003, cV-7.1. From the listing beside it, choose (Regulations), which will
provide the full text of the Volunteer War Service Medal Regulations, CNLR
769/96. This is an official version.

31 Supra note 3, s 9(1)(a).


32 Ibid, s 9(1)(b).

5-NL:32 The Comprehensive Guide to Legal Research, Writing & Analysis

Choose How current is this regulation? from the top right corner of the
document and record the currency date. (A currency information line states
the following: Regulations consolidated to [date].)

Next, choose the Table of Regulations link in the top left corner of the
document. It provides CIF and amendment information for this regulation.
Itshows 7June 1996 as the CIF date for this regulationi.e. the date of this
regulations publication in The Newfoundland and Labrador Gazette, Part II.
Itappeared on page 2223 of this issue of the Gazette.

2. Updating Consolidated Newfoundland


and Labrador Regulations
The Newfoundland and Labrador Gazette, Part II may contain amendments to
existing regulations that have not been consolidated. Browse through each weekly
print issue in a library or view the weekly issues online from 2001 to the present
in PDF at the Queens Printer website: <http://www.servicenl.gov.nl.ca/printer/>.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:33


Figure NL.1 The Newfoundland and Labrador Gazette, January 10, 2003

Alternatively, go to the House of Assembly website and select Table of Regulations


from the drop-down menu under Legislation. An alphabetical listing is provided.
Choose a letter according to the enabling statutes title, and then choose the title
itself in the resulting list. The four columns in the table show the following:

5-NL:34 The Comprehensive Guide to Legal Research, Writing & Analysis

the title of the enabling act and the subordinate legislation made under it,
and links to PDF copies of the act and regulations
regulation citations
regulation amendment and repeal information
information about each regulations publication date and location in The
Newfoundland and Labrador Gazette.
Figure NL.2 Table of RegulationsHouse of Assembly Website

D. Locating Prior Versions of Regulations:


Point-in-Time Research
Analysis of a current consolidated regulation may not always be required in legal
research. Sometimes point-in-time (PIT) regulation research will be needed to
determine which version of a regulation was in force on a specific date in the
pastthe date or dates on which a specific event occurred.
PIT regulations may be accessed online at the House of Assembly website:
<http://www.assembly.nl.ca>. From the drop-down menu under Legislation,
choose Consolidation. On the resulting Consolidated Statutes and Regulations
page, choose Point in Time Statutes and Regulations. Doing so provides two
search options for PIT regulations: Browse Point in Time Alphabetical List of
Regulations and Browse Point in Time Table of Regulations. Note that, pursuant
to the Statutes Act, copies of PIT regulations accessed from this website are currently not considered to be official versions.33
33 Ibid, s11(2). Choose the Important Information link at the start of a PIT regulation accessed online
to view the current disclaimer on the date of access.

Researching Provincial Legislation: Newfoundland and Labrador 5-NL:35

Task NL.12

Using the Point in Time Table of Regulations:


Houseof Assembly Website
Use the Point in Time Table of Regulations to locate the PIT regulation information for the Newfoundland Pony Designation Order, 2012, NLR 40/12, as it appeared
on 14February 2012, made pursuant to the Animal Health and Protection Act.

Go to the House of Assembly website: <http://www.assembly.nl.ca>. From the


drop-down menu under Legislation, select Consolidation.

On the Consolidated Statutes and Regulations page, choose Point in Time


Statutes and Regulations. Then choose Browse Point in Time Table of
Regulations.

From the list of dates on the Point in Time Table of Regulations page, choose
the most recent date.

Locate the Animal Health and Protection Act in the alphabetical list in the first
column.

In the list of regulations below the Act, locate Newfoundland Pony Designation
Order, 2012. Note the regulation citation: NLR 40/12.

The entry in the last column of the table indicates that this regulation was
published in an Extraordinary Gazette issue on 2May 2012 (page87) and
4May 2012 (page633). Note the amendment information: 114/97 R & S. This
means that NLR 40/12 repealed and substituted NLR 114/97.

The CIF date for Newfoundland Pony Designation Order, 2012, NLR 40/12 is
2May 2012 (as stated in section 7 of this regulation). This means that NLR
40/12 was not in force on the date in question, 14February 2012.

5-NL:36 The Comprehensive Guide to Legal Research, Writing & Analysis

To locate PIT information for 14February 2012, you will need to locate NLR
114/97i.e. the regulation in force on the date in question, 14February 2012.
Select Annual Regulations from the drop-down menu under Legislation, then
choose 1997. Locate 114/97 in the resulting table and choose Newfoundland
Pony Designation Order to view the regulation content that was in force on
14February 2012.

Alternatively, you may access the same information by selecting Legislation,


then Consolidation. On the Consolidated Statutes and Regulations page, select
Point in Time Statutes and Regulations. Then select Browse Point in Time
Alphabetical List of Regulations and choose the letter N. From the resulting
list, locate Newfoundland Pony Designation Order, then select the link PIT From September15, 1997 to May1, 2012 beneath [Rep. on May2/12] to
view the regulation content that was in force on 14February 2012.

Researching Provincial
Legislation: Nova Scotia
Jennifer Adams, BA, MLIS, Reference Librarian, Sir James Dunn Law Library,
Schulich School of Law, Dalhousie University

NS

Contents
I. How a Bill Becomes a Nova Scotia Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:3
A.
B.
C.
D.
E.
F.

Nova Scotia House of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Bill Passage Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating a Statute as Enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Statutes Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locating CIF Dates: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Historical Research: Determining CIF Dates of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NS:3
5-NS:3
5-NS:5
5-NS:6
5-NS:7
5-NS:7

II. How to Track a Bill Currently Before the Provincial Legislature . . . . . . . . . . . . . . 5-NS:11
A. Determine Bill Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:11
B. Create a Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:12

III. Official Sources and Unofficial Sources of Legislation:


Guide to Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:15
A. Official and Unofficial Sources of Law Described . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:15
B. Guide to Nova Scotia Legislative Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:16

IV. Locating and Working with Amendments, Statute Revisions,


and Consolidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:18
A. How Nova Scotia Acts Are Amended, Consolidated, and Revised . . . . . . . . . . . . . . . . .
B. Understanding How Nova Scotia Revisions and Consolidations Come into Force . .
C. Locating and Updating Revised and Consolidated Nova Scotia Statutes:
Print and Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. Locating Amendments to Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Updating Nova Scotia Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Steps for Locating Prior Versions of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G. Backdating a Nova Scotia Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-NS:18
5-NS:20
5-NS:21
5-NS:22
5-NS:23
5-NS:23
5-NS:24

V. Working with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:26


A.
B.
C.
D.
E.
F.

How Regulations Come into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Locating Regulations as Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
How Nova Scotia Regulations Are Amended and Consolidated . . . . . . . . . . . . . . . . . . .
Locating and Updating Consolidated Nova Scotia Regulations . . . . . . . . . . . . . . . . . . .
Locating Prior Versions of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compiling a Legislative History: Backdating a Nova Scotia Regulation . . . . . . . . . . . .

5-NS:26
5-NS:26
5-NS:30
5-NS:30
5-NS:32
5-NS:32

5-NS:1

5-NS:2 The Comprehensive Guide to Legal Research, Writing & Analysis

Learning Outcomes
By the end of this chapter, you should be able to:

Explain how a Nova Scotia provincial bill becomes a statute


Track a bill through the legislative process
Understand how Nova Scotia statutes and regulations come into force
Understand the term official as it applies to legislative materials
Find official and unofficial versions of Nova Scotia statutes and
regulations, online and in print

Understand how legislation is enacted, amended, consolidated, and






revised
Locate enacted and amended Nova Scotia legislation
Understand how to complete point-in-time research
Locate prior versions of Nova Scotia legislation
Complete historical legislative research (backdating)
Compile a legislative history

Research Tasks
NS.1

Locating Statutes as Enacted: Print and Online . . . . . . . . . . . . . . . . . . . . . 5-NS:5

NS.2

Locating the CIF Date on Royal Assent or Specified Date . . . . . . . . . . . 5-NS:8

NS.3

Locating the CIF Date on Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:9

NS.4

Tracking a Bill: Online and Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:11

NS.5

Locating Revised and Consolidated Statutes . . . . . . . . . . . . . . . . . . . . . . . 5-NS:21

NS.6

Locating Amendment Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:22

NS.7

Finding Regulations as Filed: Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:27

NS.8

Finding Regulations as Filed: Online . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-NS:28

Researching Provincial Legislation: Nova Scotia 5-NS:3

I. How a Bill Becomes a Nova Scotia Statute


A. Nova Scotia House of Assembly
The Nova Scotia legislature, consisting of the House of Assembly and the Lieutenant
Governor, is the legislative branch of the provincial government of Nova Scotia.
As the Queens provincial representative, the Lieutenant Governor performs specific functions, including opening and closing the legislature, and giving royal
assent to bills passed by the House of Assembly.
The House of Assembly meets during distinct legislative sessions, identified by
legislature and session. An assembly session can be divided into two or more sittings, e.g. 61st General Assembly, 4th Session. The legislature and session number
or the corresponding year is used to locate many legislative materials.

B. Bill Passage Process


Every statute passed by the House of Assembly begins as either a public bill, a
government bill, a private members bill, or a private bill. Generally, public bills
and government bills are of the most interest to researchers, as once enacted, they
are applicable throughout the province. Private bills may apply to an individual, a
group of individuals in a localized area, or a corporation.
Public bills proceed through several stages: first reading (introduction), second
reading, detailed study by committee, third reading, and royal assent. The first reading of a bill is brief; it is introduced by the member of the Legislative Assembly but
not read at that time. After its introduction, the Clerk of the Assembly assigns a
number to the bill, prints it, and distributes it to all members. The Speaker of the
House orders that the bill be read a second time on a future day. Once printed,
the bill is ready for further consideration. The bill is then distributed to various
libraries, and a PDF copy is added to the Nova Scotia legislature website.1
The Journals and Proceedings of the House of Assembly, also known as the Assembly Journals, provide a detailed listing of the proceedings of the House of
Assembly, which are the minutes of the activities of the House. Libraries may or
may not have current and historical holdings for the Assembly Journals; however,
they are available online.2 The site contains current content and historical content
from 27 March 2003 (58th General Assembly, 3rd Session).

1 <http://nslegislature.ca>. See also <http://nslegislature.ca/index.php/proceedings/


how-a-bill-becomes-law/>.
2 <http://nslegislature.ca/index.php/proceedings/journals/>.

5-NS:4 The Comprehensive Guide to Legal Research, Writing & Analysis

When a bill has been called for second reading, the member who introduced
the bill moves that it be read for a second time and explains the bills purpose. The
second reading stage provides an opportunity for members to debate the principle
of the bill. Most members may only speak once to the principle of the bill; however, the member who introduced the bill may speak again to answer questions.
The second reading is the lengthiest stage of the trajectory of a bill; it is at this
stage where the principles within the bill are accepted or rejected.
A transcript of the discussion held during the course of the debates is recorded
and compiled in the Debates of the House of Assembly (Hansard), which are published online and in print. Debates are organized by legislature and session, then
by date; therefore, knowing the date of debate is helpful when searching for
speeches and discussion. For example, the Debates from 12 April 1994 on can be
found at <http://nslegislature.ca/index.php/proceedings/hansard>. The print versions of the Debates are organized by date. Thus, by using the dates of first reading,
second reading, and third reading, Debates can be located in print and online.
In many instances, bills approved in principle are referred to a committee for
further examination.3 Legislative committees are appointed by the Nova Scotia
House of Assembly and are composed of members of the House. When a bill is
referred to either the Law Amendments Committee or the Private and Local Bills
Committee, the public may make written and oral submissions about the proposed public bill at a committee hearing. Submissions can be found online at the
House of Assembly Law Amendments Committee website.4
Bills returned by committee to the House with reports or recommendations for
changes become an item of business for discussion. The committee reports to the
House, which may result in further deliberation. The bill is then placed on the order
paper for third reading. Third reading is the approval process, which is usually
brief, unless there are third reading debates or final amendments. If a majority
votes in favour of the bill, it is passed or enacted.
The last step in the legislative process is royal assent. The Lieutenant Governors
signature on the bill affirms the Queens assent to the bill becoming law. Identifying
the date of royal assent is a necessary step when determining the date the new law
will take effect or come into force. An act may take effect on the date of royal assent;
however, sometimes an act takes effect on a specified date or on a date to be fixed
by proclamation by the Lieutenant Governor. The means to locate coming into
force (CIF) information is contained within the statute itself as described later in
this chapter.

3 <http://nslegislature.ca/index.php/committees/>.
4 <http://nslegislature.ca/index.php/get-involved/submissions_faq/>.

Researching Provincial Legislation: Nova Scotia 5-NS:5

After receiving royal assent, the enacted statute is published in the print volume
of the Statutes of Nova Scotia and online through the Nova Scotia Legislature
website. The Statutes of Nova Scotia are organized by year and chapter number.
The full statute citation for an act includes the title of the act, the abbreviation of
the title of the volume, the year of enactment, and the chapter number.
Class Proceedings Act, SNS 2007, c28

C. Locating a Statute as Enacted


Following royal assent, the enacted bill is reprinted with the date of royal assent
and its chapter number. This version of the bill, published by the Office of the
Legislative Counsel by authority of the Speaker and printed by the Queens Printer,
is an official version of the statute. The statute, along with other statutes passed at
the same sitting, is then published in a bound volume series entitled the Statutes
of Nova Scotia. Printed by the Queens Printer, bound volumes are published once
or twice each year.

Task NS.1

Locating Statutes as Enacted: Print and Online


Print

To locate the Class Proceedings Act, SNS 2007, c28 as enacted, locate chapter
28 of the 2007 Statutes of Nova Scotia (SNS). The annual volumes of the SNS can
be found in larger law libraries.

The volumes are organized by year, then by chapter number. A table of


contents inside each volume lists the acts by number.

Online
Locate the Health Protection Act, SNS 2004, c4.
Statutes of Nova Scotia as enacted in a particular year are available online in
three places:
1. Office of the Legislative Counsel: Go to the Nova Scotia Statutes website
<http://nslegislature.ca/legc/acts.htm>. On the page, find Statutes by
Session or Sitting, and choose 1998-99 and subsequent years on this site.
Find the year 2004, and choose the by chapter number link to search by
chapter number. Locate the Health Protection Act at chapter 4. Theannual

5-NS:6 The Comprehensive Guide to Legal Research, Writing & Analysis


statutes may also be searched by keyword by selecting the magnifying glass
icon or Ask Joe Howe at the top of the page.
2. Quicklaw: Nova Scotia Statutes. This is an unofficial source containing material
from 1989 to the present. Currently, it is not possible to browse the annual
Nova Scotia statutes as first enacted by year; however, the consolidated statutes that incorporate amendments are available. Use the browse feature for
best results. Go to Source Directory, Browse Sources, Legislation, and select
Nova Scotia Statutes.
3. CanLII: Search under Nova Scotia Legislation. CanLII uses information provided by the Office of the Legislative Counsel, obtained from that website.
Besure to check the currency text displayed above the title of the Act to
determine when the statute was last updated. This is an unofficial source.

D. How Statutes Come into Force


1. Commencement Provision
In most cases, a Nova Scotia statute will provide information about its commencement in either the opening or the closing section. Statutes that are less complex to
implement may come into force upon royal assent. If the statutes implementation
involves complex processes and institutional changes, the CIF provision may state
that the statute or certain sections will come into force on proclamation, or on a
day specified in the statute.
Conservation Property Tax Exemption Act, SNS 2008, c36
Royal assent: 25 November 2008
Section 6 of the Act states: This Act comes into force on such day as the Governor
in Council orders and declares by proclamation.

2. How Proclamations Are Made


The Executive Council (the Nova Scotia Cabinet) issues orders in council to authorize the proclamation of statutes. The Lieutenant Governor will usually sign
them within a few days. However, not all statutes come into force by proclamation.
A statute may provide that it, or part of it, comes into force either by proclamation, or on a specified date, or both. If the statute is silent and does not specify its
commencement, it comes into force on royal assent.5
5 See Interpretation Act, RSNS 1989, c235, ss3(1)-(7).

Researching Provincial Legislation: Nova Scotia 5-NS:7

E. Locating CIF Dates: Online and Print


1.Print
To determine when acts, parts of acts, or amendments come into force, consult
the Table of Public Statutes at the back of each annual volume of the Statutes of
Nova Scotia. The table includes CIF information for statutes and amending statutes
up to December of the year of the volume.
Many libraries subscribe to Canadian Current Law: Legislation,6 which provides a summary of recent legislative activity organized by province. Published
annually, with supplementary issues published during the year, it lists recently
enacted statutes with the dates of royal assent, and information about statutes
amended, repealed, and proclaimed in force.

2.Online
The Office of the Legislative Counsel produces a Table of Proclamations that is
available online.7 The table lists proclamation dates for acts from 22 February 1990
on. Use either the alphabetical menu on the right of the page or your browsers
find function to locate an act by title and determine its proclamation date; e.g. the
effective date of proclamation of the Conservation Property Tax Exemption Act,
SNS 2008, c36 was 17 February 2009.
This table does not provide location information for the proclamation itself,
but because the date of the proclamation is identified, it can be located in the
Royal Gazette, Part II, as described in the next section.

F. Historical Research: Determining CIF Dates of Statutes


Since CIF information may be removed when the statute is consolidated,
use the version of the statute as enacted.
On the Nova Scotia Statutes website, select the version Statutes by session
or sitting to find assent and CIF information (1998-99 on). Use the list of
Consolidated Public Statutes at <http://nslegislature.ca/legc/sol.htm> to
find the most current version with amendments listed.
Review the introductory and closing paragraphs of the enacted version of
the statute. Locate the statutes CIF provision, which states when the act
comes into force.

6 (Toronto: Carswell, 2011).


7 <http://nslegislature.ca/legc/procla.htm>.

5-NS:8 The Comprehensive Guide to Legal Research, Writing & Analysis

If the act comes into force on royal assent, note the date on the first page of
the statute.
The Nova Scotia Statutes website <http://nslegislature.ca/legc/acts.htm>
also contains PDF files for historical acts as published in the original Statutes at Large, Volume 1 (1758-1804) to Volume 4 (1827-1835).8 HTML
(unofficial) versions of acts from 1998 (57th General Assembly, 1st Session)
to 2003 (58th, 3rd) are provided without the official PDF. Acts from 2003
(58th, 2nd) on are provided in both HTML and PDF (official version).
The Interpretation Act 9 must always be considered when interpreting legislation. When conducting historical legislative research, consult prior enactments or versions of this Act that were in force on the relevant date.

Task NS.2

Locating the CIF Date on Royal Assent or Specified Date


CIF: On Royal Assent or When Act Is Silent
Determine the CIF for the Ground Ambulance Services Act, SNS 1999, c2.

Locate the statute as enacted in print in a library or online from the Nova
Scotia Statutes website at <http://nslegislature.ca/legc/acts.htm>.

The Act is silent about coming into force; therefore, the Act comes into force
upon royal assent. Locate the date of royal assent on the first page of the
statute.

Date of royal assent: 29 October 1999.

The Ground Ambulance Services Act, SNS 1999, c2 came into force on
29October 1999.

CIF: On Specified Date


Determine the CIF for the Petroleum Resources Removal Permit Act, SNS 1999, c7.

Locate the statute as enacted in print in the 1999 volume of the Statutes of
Nova Scotia in a library, or online from the Nova Scotia Statutes website. In the
example of this Act, the CIF date in the statute as enacted is 1November 1999.
However, the statute was subsequently amended in the second session of the
legislature by An Act to Amend Chapter 7 of the Acts of 1999, the Petroleum
Resources Removal Permit Act. Note the subsequent amendment to the CIF for

8 Nova Scotia Statutes <http://nslegislature.ca/legc/acts.htm>.


9 Supra note 5.

Researching Provincial Legislation: Nova Scotia 5-NS:9


this Act: <http://nslegislature.ca/legc/bills/58th_1st/3rd_read/b018.htm>. It is
always a good idea to check both the Table of Public Statutes and the Table of
Proclamations to confirm the date of proclamation. This amendment to the CIF
date is reflected in the consolidated version of the Act as well as in both the
Table of Public Statutes and Table of Proclamations.

Locate the commencement provisionsection 23.


23(1) This Act, except Section 18, has effect on and after March 1, 2000, or such
earlier date as the Governor in Council orders and declares by proclamation.
(2) For greater certainty, Section 18 comes into force on Royal Assent.

Date of royal assent: 17 June 1999; date of CIF: 1 March 2000 (except section18).

The Petroleum Resources Removal Permit Act, SNS 1999, c7 came into force on
1March 2000 in accordance with section 23 of the Act. Section 18 came into force
by royal assent on 17June 1999.

Task NS.3

Locating the CIF Date on Proclamation


The following example reveals why a detailed review of dates and citation references is required when determining CIF information.
Locate the CIF date for the Midwifery Act, SNS 2006, c18.

Locate the enacted version of this statute using the Nova Scotia Statutes
website. Go to the Statutes by session or sitting page at <http://nslegislature
.ca/legc/by_sess.htm>. The Nova Scotia Statutes print volume could also be
used tolocate the statute. Determine its CIF provision.
65 The Act comes into force on such day as the Governor in Council orders and
declares by proclamation.

Confirm the date in either the Table of Proclamations for the Act or the Table of
Public Statutes (print volume), or check the online Table of Proclamations at
<http://nslegislature.ca/legc/procla/proclam.htm>.

In the Table of Proclamations online, note the following information:


Midwifery Act
2006, c. 18March 18, 2009
amended 2008, c. 3, s. 8August 19, 2008
amended 2012, c. 48, s. 35September 10, 2013

Although the Midwifery Act was enacted in 2006, it did not come into force
until proclamation three years later, on 18March 2009. Using that date, locate

5-NS:10 The Comprehensive Guide to Legal Research, Writing & Analysis


the proclamation in the Royal Gazette, Part II in print or online at <http://www
.gov.ns.ca/just/regulations/rg2/>. Under the drop-down menu, choose
Bi-weekly issues. Select 2009 - Volume 33, then Issue No. 7. In the Table of
Contents, locate the Midwifery Act and note the relevant page number in the
right column: 160. Scroll down to page 160.

From the Table of Proclamations, note the amendment to the Midwifery Act in
2008; that amendment came into force on 19August 2008, seven months
before the Midwifery Act itself came into force. Using the citation information
provided, the amending statute (Health Professions Disciplinary Proceedings
Protection (2008) Act, SNS 2008, c3, s8) can be located, the nature of the
amendment determined, and its proclamation located if required. To locate the
second amending statute and its proclamation, repeat these steps using the
2012 citation information.

Finally, note that in the consolidated version of the statute online, both the
date of proclamation and the date the Act comes into force are recorded at the
end of the Act.
Proclaimed - March 10, 2009; In force - March 18, 2009

CIF information note:


The Midwifery Act, SNS 2006, c18 came into force on 18March 2009 by
proclamation, in accordance with section 65 of the Act, as evidenced by
NSGaz, vol33, no7 (27 March 2009) at 160.

Researching Provincial Legislation: Nova Scotia 5-NS:11

II. How to Track a Bill Currently Before


the Provincial Legislature
A. Determine Bill Status
Figure NS.1 Summary of Bill Status

Task NS.4

Tracking a Bill: Online and Print


Online

Go to the Nova Scotia Legislature website at <http://nslegislature.ca> and


choose Proceedings.

On the left menu, choose Bills, Statutes, Regulations. From the drop-down
menu that appears, choose Status of Bills.

Locate the bill in the table. The status of the bills is listed in the left column.
Alink to Status of Bills from Earlier Sessions lists details of bills since 1995.

Select the title of the bill to view the bills summary page, which provides the
present versions of the bill and links to debates and information about statutes
affected by the bill.

The bills summary page provides key dates in the bills passage through the
legislature, as well as committee meeting dates and information.

5-NS:12 The Comprehensive Guide to Legal Research, Writing & Analysis

Print

Locate the relevant statute in the print volumes of the Statutes of Nova Scotia.
Note the Legislative Assembly and session numbers using the information on
the title page of the volume.

Use the assembly and session numbers to locate the relevant issue of the
Journals and Proceedings of the House of Assembly. Locate the bills index in this
volume. If the library does not subscribe to the print volumes of the Journals,
consult the website. When checking bill status for bills not available on the
website (before 1995), see the discussion that follows about how to create a
legislative history.

B. Create a Legislative History


1. Use the Status of Bills Link Online
to Create a Legislative History
To compile a legislative history, the status of a bill, from its introduction to royal
assent and CIF, must be recorded. This information is provided in the Debates of
the House of Assembly. Debates are available online from 12April 1994 on.10

10 Nova Scotia Legislature, online: <http://nslegislature.ca/index.php/proceedings/hansard/>.

Researching Provincial Legislation: Nova Scotia 5-NS:13


What is the status and legislative history of Bill 186, Animal Protection Act, 2008
(60th Legislature, 2nd Session)?
The bill was enacted and received royal assent on 25November 2008. With the
exception of sections 31-33, it came into force on 19January 2010.
Figure NS.2 Status of Bills

SAMPLE LEGISLATIVE HISTORY


Bill number: 186
Title of bill: An Act to Protect Animals and to Aid Animals that are in Distress (short
title: Animal Protection Act)
Introducing member: Taylor, Hon Brooke, Minister of Agriculture
Parliamentary session: 60th Legislature, 2nd Session

5-NS:14 The Comprehensive Guide to Legal Research, Writing & Analysis


Progress:

Location in the Debates

Stage

Date

First reading

27 May 2008

4023

Debates on second
reading

30 October 2008
4 November 2008
6 November 2008

4486
4775
4994

Second reading passed

6 Nove