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Statutes Regulations: finding what you need or Michael Storozuk Research Librarian

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Statutes Regulations: finding what you need or Michael Storozuk Research Librarian

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    1. Statutes & Regulations: finding what you need or… Michael Storozuk Research Librarian

    2. It doesn’t have to be this way…

    3. For instance, You might be asked… What was the pre-judgment interest rate for 2004? When was s. 36 of the Maintenance Enforcement Act amended? Is Schedule 19 of the Health Professions Act currently in force? Have Alberta Courts considered s. 16 of the Freedom of Information and Protection of Privacy Act? But to answer questions like this – which are law firm questions – you have to know how statutes are created.But to answer questions like this – which are law firm questions – you have to know how statutes are created.

    4. What we’ll cover… Selected print-form research tools for: Finding relevant legislation Noting-up legislation Legislative processes and publications: Bills / Statutes Regulations Jurisdictions: Alberta Canada (federal)

    5. What we’ll cover (cont’d)… About our vocabulary: “Legislation” includes Statutes and Regulations “Legislative Process” includes the progress and passage of Bills – Statutory raw materials “Noting-up” usually refers to all aspects of up-dating Legislation – it can also mean researching judicial consideration “Published” / “Publication” / etc. refers to materials issued in printed form “Statutes” and “Acts” are the same thing

    6. What we’ll cover (cont’d)… Print-form official sources e.g. Revised Statues of Alberta 2000 e.g. Canada Gazette Part II Selected print-form unofficial sources e.g. Revised Statutes of Alberta 2000 (loose-leaf ed.) e.g. Statute citators ? for judicial consideration e.g. Commercial loose-leaf services ? e.g. the Canada Legislative Index Selected public-access websites e.g. Alberta Legislature ? for access to Bills http://www.assembly.ab.ca

    7. What we’ll cover (cont’d)… Why we’re concentrating on print-form resources (official and unofficial)… Success with some research tasks depends on printed tools (e.g. point-in-time legislation) These tools reflect the actual legislative processes (e.g. Annual Statutes, Regulations) You’ll be reviewing some commercial database services tomorrow A computer, or a relevant database service, isn’t always available to the researcher

    9. Types of Bills Public Bills – introduced on behalf of the Government in power Private Members’ Public Bills – initiated by MLAs not in Cabinet; numbering starts at 201 e.g. Traffic Safety (Cellular Phones) Amendment Act, 2002 Private Bills – initiated by individual MLAs; narrow / local in focus; when passed, become Private Statutes; Bill numbering starts at Pr1 e.g. Living Faith Bible College Act (Pr3 2004)

    10. In Alberta… Bills become Acts this way First reading – introduction in the Legislature Second reading – discussion, referral to Committee; vote Committee review – usually “Committee of the Whole”; detailed review, amendment; vote Third reading – final review; vote (usually passed) Royal Assent – by Lieutenant Governor Coming into force (CIF) – in one of 3 ways Bill is introduced into the Legislative Assembly. 3 Ways: on assent, by proclamation, on specified dateBill is introduced into the Legislative Assembly. 3 Ways: on assent, by proclamation, on specified date

    11. Progress of an Alberta Bill… numbers (e.g. 296) are pages in Alberta Hansardnumbers (e.g. 296) are pages in Alberta Hansard

    12. Is an Act (or Section) in force? There are three options for CIF: On Royal Assent – this is the default when the Act does not specify an alternative On a date specified in the Act – usually indicated in last Section of Act On Proclamation – usually indicated in last Section; in future, the Lieut.-Governor will issue an Order-in-Council that proclaims the CIF date Caution: Any of the above can sometimes apply to Parts / Sections of an Act Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent. Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent.

    13. Alberta Statutes Are published in… Annual Statutes (e.g. S.A. 2005) Acts passed in that year; official Revised Statutes (e.g. R.S.A. 2000) Acts in-force were collected, up-dated, re-numbered, and formally re-published as of a specified date; official Consolidated Statutes (e.g. R.S.A. 2000 loose-leaf volumes) Text of Acts (as amended) is continuously kept up-to-date and current; not official

    14. Where to find Alberta Statutes Revised Statutes of Alberta 2000 R.S.A. 2000 Came into force January 1, 2002; official Statutes of Alberta S.A. Annual; official The only source for Private Acts Revised Statutes of Alberta 2000, loose-leaf Current – updated in January and July; not official Alberta Queen’s Printer [online] http://www.qp.gov.ab.ca/index.cfm; not official QPSource Professional [online subscription] http://qpsource.gov.ab.ca/; not official

    15. You can search for an Act… By citation – first, consult the cited Statute volume; then, update using the Table of Public Statutes (latest Table ? RSA 2000 loose-leaf) e.g. R.S.A. 2000, c. F-2, s. 35 e.g. S.C. 2005, c. 26 By name – use the Table of Public Statutes e.g. Residential Tenancies Act e.g. Marriage for Civil Purposes Act By topic – prefer an online source (print-form topical index is 16 years out-of-date) e.g. the Act that defines Alberta’s “Official Stone” This information is part of what you get from your research in secondary sources.This information is part of what you get from your research in secondary sources.

    16. A Note: Re: Public v. Private Statutes… Public Statutes – Statutes that reflect Government policy Consult the Table of Public Statutes (the “Pink Pages”), then locate the Act by citation Latest Table ? loose-leaf RSA 2000 Private Statutes – Statutes that affect specific groups/organizations Consult the Table of Private Statutes (the “Blue Pages”), then locate the Act by citation Latest Table ? most-recent annual Statutes of Alberta (e.g. SA 2005) This information is part of what you get from your research in secondary sources.This information is part of what you get from your research in secondary sources.

    17. Noting up legislation… Noting up a Statute may deal with any of four questions: Is it in force? Has it been amended? Has it been revised? Has it been judicially considered? Questions can relate to whole act or to individual sections, depending on you question.Questions can relate to whole act or to individual sections, depending on you question.

    18. Noting up, Part 1: Is the Act in force? Reminder… There are three options for CIF: On Royal Assent – the default On a date specified in the Act – check the last Section of the Act On Proclamation – check the last Section; if Proclamation is indicated, must determine if / when the Act has been proclaimed Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent. Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent.

    19. Noting up, Part 1: Is the Act in force? (cont’d) First, check the Table of Public Statutes (the “Pink Pages”) Versions of this Table can be found in Each annual volume of the Statutes of Alberta Volume 15 of the loose-leaf R.S.A. 2000 Or, check The QPSource Professional website The Alberta Parliamentary Digest

    20. Noting up, Part 1: Is the Act in force? (cont’d) A Table entry can look like this… Residential Tenancies Act (RSA 2000 cR-17) R & S 2004 cR-17.1 s73 Eff. Nov 1/04 [ . . . . . ] Residential Tenancies Act (2004 cR-17.1) Eff. Nov 1/04; s11 2004 cR-17.1 s74 Proc. s. 74 says s. 11(a) will be repealed on a day set by proclamation. 11(b) is mentions regs – my opinion is that section will be repealed once regs written. s. 74 says s. 11(a) will be repealed on a day set by proclamation. 11(b) is mentions regs – my opinion is that section will be repealed once regs written.

    21. Noting up, Part 1: Is the Act in force? (cont’d) If the latest Table indicates that the Act was not yet in force… Verify the CIF information in the final Section of the Act Then, either… Wait for specified CIF date (if stipulated), or Check list of “Proclamations” in latest (semi-monthly) issue of Alberta Gazette Part I; covers the current year-to-date hope Proclamation re Securities Act is still at this site under Financehope Proclamation re Securities Act is still at this site under Finance

    22. Noting up, Part 2: Was the Act amended? Amendment of a Statute / Section(s) is done through passage of another Statute This may occur repeatedly Statute amendments (plus relevant CIF information) are listed in the Table of Public Statutes ask Sheldon to show you how to search it in QPSource tomorrow.ask Sheldon to show you how to search it in QPSource tomorrow.

    23. Noting up, Part 2: Was the Act amended? (cont’d) Fair Trading Act (RSA 2000 cF-2) s43 2002 cA-4.5 s34 Eff. June 1/03; s66 RSA 2000 cI-3 s855 Eff. Sept 1/01; s103 RSA 2000 cH-7 ss143,146,147 (2002 c30 s12) Proc.; RSA 2000 cH-7 s149 (2002 c30 s12) Eff. Apr 1/03; RSA 2000 cH-7 s150 (2002 c30 s12) Proc.; RSA 2000 cR-12 s146 Eff. Sept 13/01; 2002 c30 s7; s110 RSA 2000 cI-3 s855 Eff. Sept 1/01; 2001 cC-28.1 s451 Eff. Apr 1/02; s116 2002 cA-4.5 s34 Eff. June 1/03; s151 2001 cC-28.1 s451 Eff. Apr 1/02 Fortunately, you are usually you are interested in a particular section of the act at this point You can read this like this: Section 43 of the Fair Trading Act was amended by section 34 of chapter A-4.5 off the Statutes of Alberta 2002. The amendment became effective (or came into force) June 1, 2003. In the ToPS, Proc. means “to come in to force on proclamation”. Some care is needed in reading these amending acts.Fortunately, you are usually you are interested in a particular section of the act at this point You can read this like this: Section 43 of the Fair Trading Act was amended by section 34 of chapter A-4.5 off the Statutes of Alberta 2002. The amendment became effective (or came into force) June 1, 2003. In the ToPS, Proc. means “to come in to force on proclamation”. Some care is needed in reading these amending acts.

    24. Noting up, Part 3: Was the Act revised? R.S.A. 2000 came into force Jan. 1, 2002 It included all Acts in-force, but did not change their intent or substance However, it did Re-number the Chapters and Sections Convert the Statutes to gender-neutral language Revise out-of-date cross-references and names Delete spent provisions Omit unused legislation Okay, maybe not “every” jurisdiction. And 15-20 years is the intention, not the truth!Okay, maybe not “every” jurisdiction. And 15-20 years is the intention, not the truth!

    25. Noting up, Part 3: Was the Act revised? (cont’d) Also… When noting up older (i.e. pre-2000) Acts, consult the Table of Concordance This Table is Schedule D in the loose-leaf R.S.A. 2000, v. 15 It shows the revised Chapter and Section numbers for all Acts published in the R.S.A. 2000 To effectively note up an older Act, you must know its current Chapter / Section numbers  And vice-versa The latest revision of the Alberta statutes came in to effect January 1, 2002. Fortunately, we were given a Table of Concordance (Appendix D) telling us The latest revision of the Alberta statutes came in to effect January 1, 2002. Fortunately, we were given a Table of Concordance (Appendix D) telling us

    26. In this example, only the chapter numbers have changed.In this example, only the chapter numbers have changed.

    27. This example shows how the section numbers have changed, as well as the chapter number.This example shows how the section numbers have changed, as well as the chapter number.

    28. Noting up, Part 4 Has a Court considered the Act? Check under the title of the Act (plus any applicable Section number)… Statutes of Alberta Judicially Considered (black loose-leaf volume) “Alberta” volumes of Canadian Statute Citations (grey-bound set, usually shelved near the Canadian Abridgment) Online – e.g. the Alberta Courts website, or a legal database service other sources include Alberta Reports indexes, QL,other sources include Alberta Reports indexes, QL,

    29. Noting up, Part 4 Has a Court considered? (cont’d ) This indicates that the act has been considered by 2 decisions.This indicates that the act has been considered by 2 decisions.

    31. Alberta Regulations Creation of Regulations is enabled by the parent Act A given Act may specify that its Regulations can be made by: The Minister responsible for the Act, and/or The Government (Lieut. Governor in Council), and/or An administrative body functioning under the Act Regulations have the same legislative weight as Statutes Regulations are passed pursuant to an act and are generally indexed under the name of that act. The index is in 2 parts: one to last December, and one in the most recent Alberta Gazette.Regulations are passed pursuant to an act and are generally indexed under the name of that act. The index is in 2 parts: one to last December, and one in the most recent Alberta Gazette.

    32. Alberta Regulations (cont’d) Regulations, amendments, repeals are published – Current year — in semi-monthly issues of Alberta Gazette Part II Past years — in annual volumes of Alberta Gazette Part II (aka Alberta Regulations) Consolidated Regulations – Some are published commercially; unofficial Online at the Queen’s Printer website – http://www.qp.gov.ab.ca/index.cfm

    33. Alberta Regulations (cont’d) Regulations, amendments, and repeals are indexed – Current year — latest semi-monthly issue of Alberta Gazette Part II contains a year-to-date Index of new Regulations; listed by Statute title Past years — latest annual volume of Alberta Gazette Part II (e.g. 2005) has a Consolidated Index of Regulations in-force at year-end; listed by Statute title Only need to check these sources

    34. Federal legislation As with Alberta legislation, we’ll look at… Federal legislative processes Relevant publications Finding legislation Noting it up

    35. Federally… Bills become Acts this way First reading – introduction in the Commons (most often), or in the Senate Second reading – discussion; referral to Committee; vote Committee review (by either a Special or Standing Committee; detailed review, amendment; vote Third reading – final review; vote (usually passed) Federal Process – readings / votes are repeated in the other House (i.e. Senate or Commons) Royal Assent – by the Governor General Coming into force (CIF) – in one of 3 ways Bill is introduced into the Legislative Assembly. 3 Ways: on assent, by proclamation, on specified dateBill is introduced into the Legislative Assembly. 3 Ways: on assent, by proclamation, on specified date

    36. Finding federal Bills Printed copies of older Bills (i.e. pre-1994) can be found at Weir Law Library (U. of A.) Alberta Legislature Library Text and progress of newer (1994-on) Bills are available online Parliamentary website www.parl.gc.ca/common/bills.asp?Language=E LEGISinfo website www.parl.gc.ca/LEGISINFO/index.asp?Lang=E This website leads to both Senate bills and Commons bills.This website leads to both Senate bills and Commons bills.

    37. Progress of a federal Bill… numbers (e.g. 296) are pages in Alberta Hansardnumbers (e.g. 296) are pages in Alberta Hansard

    38. Is an Act (or Section) in force? Again, three options exist for CIF On Royal Assent –the default when the Act doesn’t specify an alternative On a date specified in the Act – usually indicated in the last Section of the Act On Proclamation – usually indicated in the last Section; in future, the Governor General will issue a Statutory Instrument (SI) to proclaim the CIF date Caution: Any of the above can sometimes apply to Parts / Sections of an Act Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent. Here’s where those 3 ways become important. The final section of the bill usually tells you how and when it will come in to force. If it says nothing, then it is on Royal Assent.

    39. Federal Statutes Are published in… Canada Gazette, Part III (white, soft-bound) Recent Statutes (i.e. current year-to-date); official Annual Statutes of Canada (beige) Acts passed during each Parliamentary session; official Revised Statutes of Canada, 1985 (blue) CIF date: December 31, 1988; official Acts in-force were collected, up-dated, renumbered, and formally re-published as of the specified date Consolidated Statutes (up-to-date text of the Acts) Some are published commercially; not official Online at the Justice Canada website – http://laws.justice.gc.ca/en/index.html; not official

    40. Where to find federal Statutes Revised Statutes of Canada 1985 R.S.C. 1985 Came in to force December 31, 1988; official Statutes of Canada S.C. Each part covers a Parliamentary Session; official The only source for Private Acts Canada Gazette Part III S.C. Legislation of current Parliament; official Justice Canada website [online consolidation] http://laws.justice.gc.ca/en/index.html; not official

    41. A Note: Re: Public v. Private Statutes… Public Statutes – Statutes that reflect Government policy Consult the Table of Public Statutes and Responsible Ministers, then locate Act by citation Latest Table ? current white soft-bound issue Private Statutes – Statutes that affect specific groups / organizations (e.g. An Act to Change the Name of the Electoral District of Battle River) To obtain citations, consult: Table of Private Acts of Canada, 1867 to Dec. 31, 2000 Table of Contents (Private Acts) in annual Statutes of Canada There is no printed cumulation of Private Acts They are cumulated at: http://laws.justice.gc.ca/en/privlaw/ This information is part of what you get from your research in secondary sources.This information is part of what you get from your research in secondary sources.

    42. Noting up federal legislation… Noting up a Statute may deal with any of four questions: Is it in force? Has it been amended? Has it been revised? Has it been judicially considered? in force?in force?

    43. Noting up, Part 1: Is the Act in force? If Act is being proclaimed, check (as req.) The current Table of Public Statutes and Responsible Ministers “Table of Proclamations” in Canada Gazette Part III (current year) Very-recent issues of Canada Gazette Part II Or, you could also check The LEGISinfo website www.parl.gc.ca/LEGISINFO/index.asp?Lang=E Canada Legislative Index (loose-leaf)

    44. Noting up, Part 1: Is Act / Section in force? (cont’d) Judges Act -- R.S., 1985, c. J-1 (Juges, Loi sur les) Minister of Justice and Attorney General of Canada s. 2, 1990, c. 17, s. 27; 1992, c. 51, s. 2; 2000, c. 12, s. 159; 2002, c. 8, s. 82(E) s. 3, R.S., c. 27 (1st Supp.), s. 203; 1992, c. 51, s. 3; 1996, c. 22, s. 2 s. 4, repealed, 1990, c. 17, s. 28 …….. CIF, 2002, c. 8, ss. 82 to 111 and 185 in force 02.07.2003 see SI/2003-109 CIF, 2003, c. 22, s. 224 in force 01.04.2005 see SI/2005-24

    45. Noting up, Part 2: Was the Act amended? Amendment of a Statute / Section(s) is done by passage of another Statute Statute amendments (plus CIF data) are listed in the Table of Public Statutes and Responsible Ministers Also, the Canada Statute Citator has current information on amendments ask Sheldon to show you how to search it in QPSource tomorrow.ask Sheldon to show you how to search it in QPSource tomorrow.

    46. Noting up, Part 2: Was the Act amended? (cont’d) Judges Act -- R.S., 1985, c. J-1 (Juges, Loi sur les) Minister of Justice and Attorney General of Canada s. 2, 1990, c. 17, s. 27; 1992, c. 51, s. 2; 2000, c. 12, s. 159; 2002, c. 8, s. 82(E) s. 3, R.S., c. 27 (1st Supp.), s. 203; 1992, c. 51, s. 3; 1996, c. 22, s. 2 s. 4, repealed, 1990, c. 17, s. 28 …….. CIF, 2002, c. 8, ss. 82 to 111 and 185 in force 02.07.2003 see SI/2003-109 CIF, 2003, c. 22, s. 224 in force 01.04.2005 see SI/2005-24

    47. Noting up, Part 3: Was the Act revised? The most-recent revision of our federal Statutes was the R.S.C. 1985 The Table of Concordance covers Acts that existed prior to the R.S.C. 1985 Consolidations In print: Selected Statutes are consolidated by commercial loose-leaf services Online: at the Justice Canada website http://laws.justice.gc.ca/en/index.html

    48. Check under the title of the Act (and applicable Section number)… In Canada Statute Citator (R.S.C. 1985 ed.) (black loose-leaf set) In the “Canada” volumes of Canadian Statute Citations (grey-bound set, usually shelved near the Canadian Abridgment) Online: The “Noteup” function at the CanLII website – http://www.canlii.org/, or A commercial caselaw database Noting up, Part 4 Has a Court considered the Act?

    49. Noting up, Part 4 Has a Court considered? (cont’d )

    50. Federal Regulations Enabled under the parent Act Can be created by: The Minister responsible for the Act, and/or The Government (Governor General in Council), and/or An administrative body functioning under the Act Regulations have the same legislative weight as Statutes Regulations are passed pursuant to an act and are generally indexed under the name of that act. The index is in 2 parts: one to last December, and one in the most recent Alberta Gazette.Regulations are passed pursuant to an act and are generally indexed under the name of that act. The index is in 2 parts: one to last December, and one in the most recent Alberta Gazette.

    51. Federal Regulations (cont’d) Regulations, amendments, repeals are published – Current year – in semi-monthly issues of Canada Gazette Part II Past years – in annual volumes of Canada Gazette Part II Consolidated Regulations – Some published commercially; unofficial All online at the Justice Canada website – http://laws.justice.gc.ca/en/index.html

    52. Federal Regulations (cont’d) Federal regulations, amendments, repeals are indexed in – The Consolidated Index of Statutory Instruments Quarterly; cumulative Table I ? listed by Regulation, showing their enabling Statutes Table II ? listed by Statute, citing their respective Regulations and amendments

    53. Federal Regulations (cont’d) FEDERAL COURTS ACT [RS 1985, c. F-7] (COURS FÉDÉRALES (LOI)) Canada Federal Court Reports Distribution Order, SI/81-11 (Distribution du Recueil des arrêts de la Cour fédérale du Canada—Décret) s. 2, SI/84-24, s. 1 Federal Courts Rules, SOR/98-106 (Cours fédérales—Règles) Title, SOR/2004-283, s. 1 s. 1, SOR/2004-283, s. 2 s. 1.1, added, SOR/2004-283, s. 2 s. 2, “Administrator”, SOR/2004-283, s. 3 s. 2, “case management judge”, SOR/2004-283, s. 3 s. 2, “Court”, SOR/2004-283, s. 3 s. 2, “local office”, SOR/2004-283, s. 3

    54. Review 1 The legislative process – A Bill is introduced in Parliament / the Legislature It is discussed, possibly amended, and voted on If passed, the Bill becomes a Statute (i.e. an Act), with a chapter number The Act – or portions of it – may come into force in any of 3 ways

    55. Review 2 Any Act may be considered / interpreted by the Courts It is possible – though rare – for a Bill to be cited in Court

    56. Review 3 An Act may be amended (even repeatedly) Samples of amending Statutes: School Amendment Act, 2001 Justice Statutes Amendment Act, 2004 Miscellaneous Statutes Amendment Act, 2006 (in Alberta, there have been 8 of these since 2000) A totally different Act (the Adult Interdepen-dent Relationships Act was amended by the Fatal Accidents Act)

    57. Review 4 All contemporary Acts are re-published in any official Revision of the Statutes (e.g. the RSA 2000) Each Act then starts to be considered by the Courts using its new Chapter / Section numbers

    58. Relevant Publications… A brief look at the Research Handout…

    59. Questions? …..

    60. And finally… Thank You!

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