Legislation! Linda Harmata and Ana San Miguel Edmonton Law Libraries Association Head Start Program June 19, 2014

Acknowledgements  Previous ELLA Head Start presenters of this topic  Useful Resources…. Alberta Law Libraries Find LegislationFind Legislation  Check the Legislation Table in particular Alberta Law Libraries Research GuidesResearch Guides 2

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We will cover …  Introduction – what is legislation?  Constitution  Intent– what were they thinking??  Timing – when was this law in force?  Finding Legislation – current and historical  Regulations and Subordinate Legislation  Interpretation – Judicial notice  “Official” versions of the law 4

What is legislation? Federal and Provincial:  Bills  Statutes (Acts)  Regulations Also:  Municipal Bylaws  International Legislation 5

The Three Powers  Discussion of the bill and approval the act – Legislative Power – Intent of the Law  Application of the act – Executive Power – Content of the Law  Interpretation of the act – Judicial Power – Noting up 6

Constitution of Canada  Defined by s. 52(2) of the Constitution Act, 1982 – over 20 separate pieces of Legislation  Core: Constitution Act, 1867  Charter of Rights is Part 1 of the Constitution Act, 1982  Constitution Act, 1867, s. 91 and 92 distribute the legislative powers between the Federal and Provincial governments. 7

Relevance?  Constitutional questions continue to arise in the courts.  Despite s. 91 and s. 92, there is local contextual interplay between federal and provincial legislation and jurisdiction.  Examples: Reference Re Securities Act (Canada), 2011 ABCA 77 Reference Re Securities Act (Canada), 2011 ABCA 77 Yellowknife (Public Denominational District Educational Authority) v. Euchner, 2008 NWTCA 13 Yellowknife (Public Denominational District Educational Authority) v. Euchner, 2008 NWTCA 13 8

Sources for Constitutional Law Research  RSC 1985, Appendix II  Hogg’s Constitutional Law of Canada, 5 th ed. KF 4482 H KF 4482 H

Quiz - What Were They Thinking? Question #1 Where would you find information that would explain the legislative intent behind the changes to the Copyright Act? Poll everyone! 10

What Were They Thinking?  You may be asked to find what were the issues, thoughts or ideas that drove a change to legislation i.e. What was the legislative intent?  How do you find this out? Where do you look? 1. Find out when the bill was discussed in the Legislature or Parliament 2. Read Hansard on those dates 11

Types of Bills  Public Bills (apply to everyone throughout the jurisdiction) Government Bills – introduced by a Cabinet Member. Approved by Cabinet Private Members Bills – introduced by a non-Cabinet Member. Not approved by Cabinet. Usually opposition bills. Often do not go forward.  Private Bills (Affect specific individuals, companies or institutions) 12

Types of Bills  Government Bills Alberta Bill Federal Bills C-1 to C-200 ; S-1 to S-200  Private Members Bills Alberta Bill 200- Federal Bills C-201 to C-1000 ; S-201 to S  Private Bills Alberta Bill Pr 1- Federal Bills C ; S

The Legislative Process - Alberta  1 st Reading – the bill is introduced – no discussion  2 nd Reading – debate on general principle. Amendments to motion, not to content.  Committee of the Whole – detailed debate – substantive amendments  3 rd Reading – debate. Amendment to motion only.  Passage and Royal Assent.  Royal assent does not necessarily bring an Act into force. 14

The Legislative Process - Federal Two houses – House of Commons and Senate:  First and Second Reading  Committee consideration after 2 nd Reading – involves evidence, debates and discussions.  Report Stage – Debate after Committee  Third Reading  Passage by each House; Royal Assent  Royal assent does not necessarily bring an Act into force. 15

Finding the Intent - Alberta Example: Any discussion on access roads on Bill 31, 2004: Highways Development and Protection Act 16

Legislative Assembly of Alberta 17

Legislative Assembly of Alberta Bill 31, 2004: Highways Development and Protection Act 18

Legislative Assembly of Alberta Bill 31, 2004: Highways Development and Protection Act 19 Search “access road”

Legislative Assembly of Alberta Bill 31, 2004 Hansard – Access Roads 20

Intent of the law – Alberta Historical debates – Our Future, Our PastOur Future, Our Past 21

Intent of the Law - Alberta Hansard, bills and progress of bills Other sources:  Print Hansard  Scrapbook Hansard  Alberta Parliamentary Digest  Armet Report 22

Intent of the Law – Federal - LegisInfoLegisInfo  Gathers all information about Bills: Versions of Bills with any amendments Hansard for both houses Links to Committee discussion Similar Bills from previous sessions “Legislative Summary” and Departmental information  Must know Bill# & Session - search 23

Intent of the Law – Federal - LegisInfoLegisInfo 24

Intent of the Law – Federal - LegisInfoLegisInfo 25

Intent of the Law – Federal Historical debates  Historical Debates of the Parliament of Canada ( ) Historical Debates of the Parliament of Canada  Print Hansard: Official Report of the Debates of the House of Commons/Senate “Session” index: subject, bill, speaker Some older Hansard volumes contain the handy tables “Progress of Legislation”. (Also in annual SC volumes since 2003)  After 1994: Parliament of Canada website Parliamentary Business Parliamentary Business 26

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Quizz Review Where would you find information that would explain the legislative intent behind the changes to the Copyright Act? 28

Question… Which statute provides for the coming into force of an Act on assent, if there is no other in force provision named in the Act? Interpretation Act, RSC 1985, c I- 21, s 5(2)) Interpretation Act, RSA RSA 1980 cI-7 s 4 29

Timing: when did this law come into force? Bills come into force:  On the day that they receive Royal Assent  On a specific date  On proclamation (through an order in council)  On a combination of the above Coming into force section is usually at the end of the bill. If there is no such section on the bill, the bill comes into force on Royal Assent (Interpretation Act, RSC 1985, c I-21, s 5(2); Interpretation Act, RSA RSA 1980 cI-7 s 4) 30

“In Force” Notes Alberta example Electronic Transactions Act (SA 2001, cE-5.5) COMING INTO FORCE 34. This Act comes into force on Proclamation (Not in force until April 1, 2003; O.C. 61/2003) Federal example Railway Continuation Act, 2007 (SC 2007, c8) COMING INTO FORCE Coming into force 21. This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. 31

The Table of Public Statutes is your best friend!  Table of Public Statutes  Alberta – Pink Pages in Annual and Looseleaf Statutes  Federal – Orange Pages in Annual Volumes or Table of Public Statutes and Responsible Ministers  Online  Legisinfo - Federal  Justice Laws Website - Federal  QP Source – Alberta 32

Table of Public Statutes - Alberta You can find the Table of Public Statutes in: QP Source Professional Pink Pages of Annual or Looseleaf Statutes Blue Pages for Private Statutes 33

Table of Public Statutes – Federal  Statutes listed by name Original Act at the top  CIF information follows all the amended sections Arranged in TIME order by year of amending Act 34

EXAMPLE – Entry in the Table of Public Statute Anti-terrorism Act , c. 41 (Loi antiterroriste) Minister of Justice Canada CIF, 2001, c. 41, ss. 1, 24, 25, 47, 48, 76 to 86 and 119 to 145 in force on assent see s. 146; ss. 2 to 23.1, 26 to 46, 49 to 51, 53, 65 and 66, ss. 67(1) and (4) to (9), ss. 68 to 73, 75 and 87 to 118 in force see SI/ ; sections 52, 67(2) and (3) and 74 in force see SI/ ; ss. 54 to 64 in force * see SI/ * Remember Day-Month-Year, so 6 th January 2003 Table of Public Statutes – Federal 35

Legisinfo 36

Proclamations – Alberta – OICs  Proclamations are published as Orders in Council (OICs)  OICs are orders of the Lieutenant Governor upon the advice of Cabinet  Alberta Gazette I publishes the proclamations – check the annual Index Alberta Gazette I  Online Orders in Council (  QP Source Professional 37

Proclamations - Federal Privy Council Office OIC Database Privy Council Office Canada Gazette Part II - Search Canada Gazette Part II Search  Canada Gazette Archives ( ) Search Canada Gazette Archives Search  Canada Gazette Archives ( ) Search (on Collections Canada website) Canada Gazette Archives Search 38

Finding Statutes  Finding Alberta Statutes Revised Statutes Annual Statutes Current Consolidations  Finding Federal Statutes Revised Statutes Annual Statutes Current Consolidations 39

Finding Statutes - Generally  Statutes are enacted, amended, revised and repealed in a time-defined sequence.  Bound by calendar year.  Private Acts (usually dealing with a named corporation or association) are in Part II of the annual statute volumes.  Statutes are cited to the year they were “assented to” by Parliament or the Legislature, e.g.; Youth Criminal Justice Act, SC 2002, c 1 (… unless Revised …) 40

Revised Statutes  An official arrangement, revision and consolidation: Per Legislation Revision and Consolidation Act, RSC 1985, c S-20, s 5. Per Statute Revision Act, RSA 2000, c S-19.  Irregular: Most recent federal is RSC 1985; Most recent Alberta is RSA 2000  ANY statute contained in a revision MUST be cited to that revision regardless of amendments made since then. E.g.: the Criminal Code is cited to RSC 1985, c C

Finding Alberta Statutes  Print Publications: Bound volumes of statutes (official source) Consolidations of Statutes Looseleaf statutes Texts from publishers – annotated or not; often published annually or biennally e.g. Consolidated Alberta Family Law Statutes 42

Online Alberta Statutes  Queen’s Printer public site and QP Source Professional NOT official: however, often used in Alberta courts Updated at the same time  CanLII, Quicklaw, WestlawNext  Our Future, Our Past – Alberta Heritage Digitization Project – Alberta Law CollectionAlberta Law Collection  Mind the gap! No online annual volumes (yet) for the years 1991 to

Finding Federal Statutes  Print Publications Annual Volumes (Official) Canada Gazette Part III – No longer in print as of April 2014; online only Canada Gazette Part III Texts from publishers – annotated or not e.g. Stikeman’s Income Tax  Like provincial statutes, current statutes are also available on CanLII, Quicklaw, WestlawNext 44

Online “Official” Consolidations  Note from the Department of Justice Canada:Department of Justice Canada “As of June 1, 2009, the consolidated Acts and regulations on the Justice Laws Web site are ‘official’, meaning that they can be used for evidentiary purposes. ”  Amendments to the Legislative Revision and Consolidation Act, R.S.C. 1985, c. S- 20, contained in Part 5 of S.C. 2000, c. 5, were brought into force as of June 1, (P.C May 28, 2009)P.C

More Online Access!  HeinOnline Session Laws Library > Federal Laws > Acts of the Parliament of Canada 1792 to 2011 Revised Statutes of Canada: 1886, 1906, 1927, 1952, 1970, 1985 Searchable, page image PDFs! Provincial statutes coming Again, not official, and there are OCR issues  Your Key: your Alberta Law Libraries card, and the Alberta Law Libraries web site, under E-ResourcesAlberta Law Libraries E-Resources 46

Finding legislation by topic -Tips  If you start with only a subject area, use a textbook or encyclopedia to give you language or links  If you start with a specific document, also look for: An Annotated version (textbook?) Related documents (regulations, forms…) Government guidelines or info sheets Check the “in force” date!!!! (Adapted from Shaunna Mireau’s Legal Research presentation at Head Start – 2009) 47

Coffee Break!  See you in 15 minutes! 48

How did the section read on this date?  May be a critical issue in a legal matter Question: How do you find this out? 49

Handout Question 3:  Where would you find out how a particular section of the Criminal Code read in 1998? 50

Point in Time : What did s. 41 of the Legal Profession Act read in 2003?  Print: Use the Revised Statutes, annual volumes and the Table of Public Statutes  Online: CanLII QP Source Quicklaw 51

How did the section read on this date? Use your GPS! Your “Satellites”: the RSC and the RSA 52

Table of Public Statutes – Alberta  The “pink pages”  More recent years give in force information  Not published separately  Some online access 53

How to read the Table of Public Statutes 54

History Notes: Legal Profession Act, RSA 2000, c L-8, s 41. RSA 2000 Chapter L-8 Section 41 LEGAL PROFESSION ACT 41… (3) The Benchers may make rules respecting the enrolment of a person under subsection (1), including but not limited to rules establishing conditions to which the enrolment is subject, including (a) restrictions on the areas of law in which a person may practise in Alberta, (b) the condition that a person must be sufficiently proficient in English to be able to engage competently in the practice of law, and (c) the payment of a fee. RSA 2000 cL-8 s41;2003 c42 s12;2009 c7 s7; 2011 c20 s9 55

Also available for Regulations!! 56

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Quicklaw Editor Tables 58

QP Source Professional 59

Other sources Queen’s Printer WestlawNext Canada 60

Table of Public Statutes and Responsible Ministers – Federal Bills of Exchange Act — R.S., 1985, c. B-4 (Lettres de change, Loi sur les) Minister of Finance; Minister of Industry (1995, c. 1, s. 62(3)) (ss ) s. 2, 1999, c. 28, s. 148 s , added, 2007, c. 6, s. 398 s , added, 2007, c. 6, s. 398 … s , added, 2007, c. 6, s. 398 s. 164, 2001, c. 9, s. 586 Sch.: Form 2, 2000, c. 12, s. 22 Form 5, 2000, c. 12, s. 23 Form 10, 2000, c. 12, s. 24 CIF, 1999, c. 28, s. 148 in force see SI/99 ‑ 70 (**NOTE: June 28, 1999) CIF, 2000, c. 12, ss. 22 to 24 in force see SI/2000 ‑ Per the “Note to Users,” dates are understood as day/month/year. 61

History notes: Access to Information Act, RSC 1985, c A-1, s 16.5 HTML version HTML version (online consol.) Public Servants Disclosure Protection Act 16.5 The head of a government institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.Public Servants Disclosure Protection Act 2005, c. 46, s. 55; 2006, c. 9, s PDF version PDF version (online consol.) Public Servants Disclosure Protection Act 16.5 The head of a government institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act. 2005, c. 46, s. 55; 2006, c. 9, s

Point-in-Time Federal Statutes 63

Where would you find out how a particular section of the Criminal Code read in 1998? a. Electronic service like CanLII, Quicklaw, WestlawNext b. Canada Justice Laws website c. Old 1998 copy of the Criminal Code d. Print volumes of the Statutes of Canada 64

Regulations Where are Regulations published?? 65

Regulations  Regulations are subordinate legislation (the act gives permission to create regulations)  They give specific details (how, where, when, who)  Often drafted by the departments affected by the act 66

Regulations  Initially posted as Orders in Council (Federal Statutory Orders and Regs – SOR)  Published in the Gazette II  Usually in force on the day that they are filed, unless otherwise specified  The Rules of Court is a regulation 67

Acts vs. Regulations 68

How to find regulations - Alberta  No print consolidation in Alberta  Official version is still the print version  Online consolidations: CanLII, QPSource, QL, WL  Point in Time only available on CanLII  Index is cumulative, but only shows regulations currently in force  Annual index has to be supplemented with last issue’s index 69

How to find regulations - Alberta 70

How to find regulations - Alberta 71

How to update regulations - Alberta Example: Have there been any changes to the Child Care Licensing Regulation since 2008? 72

How to update regulations - Alberta 73 Gazette II annual index 2013

How to update regulations - Alberta 74

How to update regulations - Alberta Point in time – CanLII 75

Regulations - Federal Citation in Gazette: SOR/ means 200 th regulation of

 Regulations are amended and repealed. This information is contained in the index portion of Canada Gazette Part II. Consolidated Index of Statutory Instruments  Regulations are indexed: By Regulation Title By Statute Pages are not indicated Regulations - Federal 77

Consolidated Regulations Last PRINT consolidation: CRC 1978 Justice Laws Justice Laws consolidations are “official” Point-in-time from

Regulations - Federal  Online PDF version official since April 1, 2003April 1, 2003 “Since April 1, 2003, the PDF version of the Canada Gazette can, as well as the print version, be admissible as evidence in court.”  Search function is quirky, though improving. Arranged by time, so easier to use if you have a specific SOR or SI to locate. 79

Gazette Part II 80

Gazette Part II 81

Regulations - Federal Canada Gazette - Available from Library and Archives Canada ( )Library and Archives Canada 82

Proposed Acts and Regulations  Alberta Acts and Regulations database: ( ) Draft texts are not available yet  Federal Proposed regulations are posted in the Canada Gazette Part 1 83

Quiz time! What Alberta Act has the most regulations?  Public Health Act  Municipal Government Act  Marketing of Agricultural Products Act  I really don’t care 84

Noting up Have the Courts considered the law?  Online sources CanLII Quicklaw Westlaw  Paper sources Statutes of Alberta Judicially Considered Canadian Statute Citations - Alberta Annotated versions of statutes 85

Quiz Which act in Alberta has been cited most often by the courts (CanLII)?  Family Law Act  Workers' Compensation Act  Traffic Safety Act 86

CanLII – Judicial Consideration 87

Judicial consideration of this section… …106 results! 88

LexisNexis QuicklawQuicklaw 89

Currency cites to Proclamations on the PCO site and Canada Gazette… 90

QL Judicial Consideration 91

QL Judicial consideration of this section: … 111 cases … 92

WestlawNext Canada: LawSource …Statute offered over time… 93

The section, with currency date citing Gazette (… not PCO proclamations, as in QL …) 94

WestlawNext Canada: … 67 cases citing this section … (5 secondary source refs) 95

Noting up Have the Courts considered the law?  It is always better to check more than one source for judicial consideration  To be really comprehensive your search, consider running a full text search of cases e.g. “extradition act” /10 “s. 20” 96

Couldn’t I also do this in print? Absolutely!  Canada Statute Citator (Canada Law Book) Good for checking to see if you have all the amendments Some leading citing case law (check last release date though)  Canadian Statute Citations (Carswell Canadian Abridgment), bound volumes plus supplements 97

Should I do this in print?…It depends… Yes – “Official”? Yes – History of changes to a section of an Act Yes – To be absolutely completely comprehensive (Updated legislation; judicial consideration) Yes – Principal/justice/supervisor says so. Yes – Online results seem odd? Yes – When “online” is “off-line”! 98

What is the “best” way? The “best” way to ascertain that you have the correct sequenced version of the legislation you require is work with both paper AND online sources:  Paper is an accepted authority, fairly dependable and usually correct – can be faster!  Online resources provide critical useful direction and currency 99

Helpful things  Annotated statutes: Criminal Codes (Martin’s, Tremeear’s, Gold’s, Snow’s), Bennett on Bankruptcy, etc.  Crankshaw’s Criminal Code: a goldmine for history/development of sections of the CC (available in WestlawNext Canada’s Criminal Source)  Do a library catalogue search for the title of your Act. There are sometimes law reform publications that can help you get at legislative intent for amendments, etc.  Your local librarian! 100

The End Questions? Need more information? Thank you! 101