Advanced Legal Research Law 430C'001

1
Advanced Legal Research Law 430C.001

• Week 9
• BC and Federal Regulations
• November 03, 2009

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Todays Objectives

• Review of Week 8 point in time research
• Understand how regulations are made
• How to find current versions of regulations and
  amendments to existing regulations
• Determine whether a regulation is in force
• Judicial consideration of regulations
• Citation rules

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What are Regulations?

• Provide the details of the subject matter that is
  covered by the enabling Act.
• Considered primary sources of law and have the
  same binding legal effect as statutes.
• Commonly referred to as subordinate or delegated
  legislation
• Are not made by the provincial legislature or
  federal parliament.

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What are Regulations?

• Regulations are made under the authority of a
  statute, which delegates to the executive, or
  particular minister or other authority the right
  to make regulations, rules, or orders.
• Three general types of subordinate legislation
• regulations rules and proclamations

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Enabling Act

• Regulations are made pursuant to the authority of
  an enabling Act.
• Most acts will have a specific enabling section
  that outlines the power to make regulations and
  who is designated as having the power to make
  associated regulations.
• For example, section 10 of the Anatomy Act,
  R.S.B.C. 1996, c. 13 provides the following
• 10  (1) The Lieutenant Governor in Council may
  make regulations referred to in section 41 of
  the Interpretation Act.
• A regulation cannot exist without an enabling
  statute, in other words, once a statute is
  repealed, so too are all the associated
  regulations.

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British Columbia Regulations

• Governed by the Regulations Act, R.S.B.C. 1996,
  c. 402, and the Interpretation Act R.S.B.C.
• 1996, c. 238
• Regulations Act if the empowering legislation
  says that a regulation may be made or that
  something may be prescribed then the resulting
  order is a regulation
• All regulations must be deposited with the
  Registrar of Regulations before they are
  enforceable

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How B.C. Regulations are Made

• Policy is determined by the Ministry responsible
• Instructions are sent to legislative counsel for
  drafting
• Draft regulation is then returned to the
  originating ministry for enactment
• The regulation is signed by the Lieutenant
  Governor
• The regulation is approved by Cabinet or by
  Minister then sent to the Order in Council
  office
• The regulation is deposited with the Registrar of
  Regulations and
• The regulation is published in the BC Gazette,
  Part II unless it is exempt.

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Parts of a B.C. Regulation

• All BC regulations consist of the following
  parts
• a regulation number
• the date of deposit or filing
• the title of the regulation sometimes there
  will be a short title
• a reference to the enabling statute and
• how it is being brought into force e.g. by
  Order in Council

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BC Gazette, Part II

• Regulations must be published in the BC Gazette,
  Part II unless they are exempt from publication
• Published 24 times per year and dates back to
  1958
• Accessible electronically via QP LegalEze dating
  back to 2001
• Each issue has an index of its contents, and a
  cumulative annual index is produced at the end of
  each calendar year
• Weekly and cumulative indexes are posted on the
  BC Laws website as the BC Regulations Bulletins
• Regulations are generally filed by a specific
  number and date, for example, B.C. Reg. 188/2009.
  

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Finding BC Regulations

• Print
• Consolidated Regulations of British Columbia
• generally updated three or four times per year
• arranged according to the name of the enabling
  statute
• Table of Contents and Table of Concordance
• if you do not have access to a consolidated
  version, then you will have to look up your
  regulation in the BC Gazette, Part II including
  all amendments

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Finding BC Regulations

• Electronic
• Free access
• BC Laws website
• Subscription-based
• QP LegalEze
• LexisNexis Quicklaw
• Westlaw Canada
• Regulations are listed under enabling Act
• Keyword search capabilities

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Updating B.C. Regulations Print

• Consolidated Regulations of B.C.
• Take note of the date of the most recent update
• Consult the most current edition of the B.C.
  Legislative Digest
• Regulations tab look up regulation and note any
  amending references
• Consult the B.C. Gazette Part II issues that have
  been published after the last update of the
  Digest use the index to find amendments

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Updating B.C. Regulations Print

• If you do not have access to the BC Legislative
  Digest
• Take note of the date of the most recent update
• Consult the Index of Current B.C. Regulations
• will provide you with references to all the
  amendments that have occurred to a particular
  regulation from the time of its enactment to the
  date listed on the front cover
• Further update your regulation, by consulting the
  B.C. Gazette, Part II issues that have been
  published after the publication date of the Index
  of Current B.C. Regulations

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Updating B.C. Regulations Print

• If you do not have access to a consolidation
• Locate the original regulation in the B.C.
  Gazette, Part II
• Consult the Index of Current B.C. Regulations and
  look for any amendments
• Look up amendments in Gazette, Part II
• Consult the B.C. Gazette, Part II issues that
  have been published after the publication date of
  the Index of Current B.C. Regulations

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Updating B.C. Regulations Electronic

• Look up regulation on the B.C Laws website or a
  subscription database
• Take note of the currency date
• Update by looking at the most recent edition of
  the Cumulative Regulation Bulletin
• Look up any amending reference in the BC Gazette,
  Part II

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B.C. Regulations - In Force Status

• Pursuant to section 4 of the Regulations Act, a
  regulation comes into force on the date it is
  deposited with the Registrar of Regulations
  unless otherwise stated within the regulation.

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Proclamations Coming into Force Provisions

• Some statutes require proclamation to be brought
  into force
• Proclamations officially appear as regulations
  that are published in the BC Gazette, Part II
• For example, section 7 of the Fish Protection
  Act, S.B.C. 1997, c. 21 was brought into force on
  August 20, 2009 pursuant to B.C. Reg. 188/2009

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Citation of BC Regulations

• Citations include the following
• the title of the regulation
• the designation B.C. Reg
• the regulation number and the year combined and
• the reference to any particular section(s)
• Examples
• Adoption Agency Regulation, B.C. Reg. 292/96.
• Adult Guardianship (Abuse and Neglect)
  Regulation, B.C. Reg. 13/2000.

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Orders and Other Forms of Subordinate Legislation

• Orders are used to handle the day to day
  administrative matters e.g. appointments of
  persons, transfer of powers between ministers,
  administrative permits, land designations
• Some orders, or notices of them, are required to
  be published in the BC Gazette, Part I
  available in print and electronically via
• QP LegalEze
• Order in Council and Ministerial Order Resumes, a
  summary service which is available in print and
  on the BC Laws website

20
Federal Regulations

• Regulations are governed by the Statutory
  Instruments Act, R.S.C. 1985, c. S-22.
• The publication of federal regulations and the
  process of locating regulations and related
  amendments are very similar to the BC process.

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How Federal Regulations are Made

• The ministry responsible for the governing
  statute produces a draft regulation
• Draft regulation is reviewed by the Clerk of the
  Privy Council in consultation with the deputy
  minister of justice
• If public comment is being solicited, proposed
  regulations are published in the Canada Gazette,
  Part I along with a regulatory impact analysis
  statement
• If necessary after public consultation, the
  regulation is revised by the ministry and
  returned to the Clerk of the Privy Council for
  review and
• The regulation is published in the Canada
  Gazette, Part II unless it is exempt from
  publication

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Canada Gazette, Part II

• Federal regulations are published in the Canada
  Gazette, Part II unless exempted
• Is available in print dating back to 1955
• It is also accessible electronically via the
  Canada Gazette website dating back to 1998
• As of April 1, 2003, the online pdf version of
  the Gazette, Part II is considered an official
  source

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Finding Federal Regulations

• Electronic
• Justice Laws website
• regulations are listed according to their
  enabling statute
• Locate regulation by browsing title list or run a
  keyword search
• Consolidated Index of Statutory Instruments
• use to find the name of a regulation or enabling
  statute
• You can also access electronic versions of
  federal regulations via LexisNexis Quicklaw or
  Westlaw Canada

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Finding Federal Regulations

• Print
• If you have a citation for your regulation, you
  can look it up in either the most recent
  consolidation of federal regulations or the
  appropriate issue of the Canada Gazette, Part II
• Consolidated Regulations of Canada, 1978 (C.R.C.
  1978) - the text of regulations in force as of
  December 31, 1977
• 1978 consolidation is supplemented with Canada
  Gazette, Part II
• Using only print resources to view the current
  state of a federal regulation can be a very time
  consuming process as you may have to look at
  numerous issues of the Canada Gazette, Part II.

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Updating Federal Regulations

• Print
• Find the original regulation in the either the
  Consolidated Regulations of Canada, 1978 or the
  appropriate issue of the Canada Gazette, Part II.
  Take note of the date - you will have to update
  your regulation from this point forward
• Consult the most recent issue of the Canada
  Gazette, Part II Consolidated Index of Statutory
  Instruments which is published quarterly, and is
  the official source for finding federal
  regulations. Take note of any amendments
• Look up all your amendments in the appropriate
  issue(s) of the Gazette Part, II
• Update further by consulting the Gazette Part II
  issues that have been published after the last
  update of the Consolidated Index. Check the
  index located at the back of the publication for
  any references to your regulation and look them
  up in that issue.

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Updating Federal Regulations

• Electronic
• Check the date your regulation was last updated -
  you will have to update your regulation from this
  point forward
• Consult the most recent issue of the Canada
  Gazette, Part II Consolidated Index of Statutory
  Instruments which is available on the Justice
  Laws website
• Check the date of this publication. If the date
  is more current than the last update of the
  online version of your regulation, look for any
  corresponding amendments
• Look up all your amendments in the appropriate
  issue(s) of the Gazette Part, II which are
  available on the Canada Gazette website
• Update further by consulting the Gazette Part II
  issues that have been published after the last
  update of the Consolidated Index.

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Federal Regulations

• In Force Status
• Statutory Instruments Act, R.S.C. 1985, c. S-22
  a regulation comes into force on the day it is
  registered, unless a different date is specified.
• Explanatory Notes
• Most regulations include a Regulatory Impact
  Analysis Statement at the end of the text of the
  regulation. This statement is not part of the
  regulation but offers a useful explanation of the
  intent of the regulation and includes the contact
  person at the ministry responsible for the
  regulation.

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Citation of Federal Regulations

• Citations include the following
• the title of the regulation
• the appropriate designation S.O.R. or S.I
• the combined year and regulation number, e.g.
  76-142 or 2001-16 and
• the reference to any particular section(s).
• Examples
• Competition Tribunal Rules, S.O.R./94-290.
• Secure Electronic Signature Regulations,
  S.O.R./2005-30.
• Quarantine Regulations, C.R.C., c. 1368.

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Orders and Other Forms of Subordinate Legislation

• Orders in Council record the day-to-day decisions
  of the government of Canada by its Ministries.
• They include statutory instruments or
  regulations, parliamentary notices, appointment
  notices for judges, diplomats, senior civil
  servants, etc.
• Many of these Orders and notices are published in
  the Canada Gazette, Part I which is available in
  print dating back to 1841 and electronically
  dating back to 1998.

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Point in Time

• BC
• Locate your regulation in the index to the BC
  Gazette, Part II immediately after the date you
  need to find. This will provide you with
  references from the date the regulation was
  enacted to the date you need, including any
  amendments.
• Federal
• Locate your regulation in the index to the Canada
  Gazette, Part II immediately after the date you
  need to find. This will provide you with
  references from the 1978 consolidation to the
  date you need, including any amendments. If your
  regulation was enacted after the 1978
  consolidation, the year of the regulation will be
  listed plus any amendments to the date you are
  looking for.

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Judicial Consideration

• Print
• Regulations Judicially Considered is a component
  of the Canadian Abridgment that performs the same
  function as the Canadian Statute Citations.
• The regulations are arranged by jurisdiction.
• Remember to update your research by suing the
  associated soft-covered supplements.
• Rules Judicially Considered
• A separate volume acts as a court rules citator.
• Rules of court are a specific type of regulation
  that provides policies and procedures for
  bringing actions before courts or administrative
  tribunals.
• Once again, the rules are organized by
  jurisdiction.

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Judicial Consideration

• Electronic
• You can also look for cases that have judicially
  considered regulations or court rules by using
  commercial databases such as Westlaw Canada or
  LexisNexis Quicklaw.