Encyclopedia of Canadian Laws

Citation

Citation

Canada Statute Citator

The Canada Statute Citator is a commercial loose-leaf publication designed to provide a complete annotating service for the Revised Statutes of Canada 1985. It is updated each month to provide the full text of each amendment and any new Acts which come into force. Amendments not yet in force are also noted.You should be cautioned that because the information found in the Citator is not published by the officially recognized source, in the rare case that the Citator omits something, or makes a mistake, your information will not be legally accurate.

The advantage of using the Canada Statute Citator is that it provides a description of the amendment, as well as reproducing – in certain circumstances – the amending language itself. The Citator also includes citations of cases interpreting statutes. Statutes are ordered alphabetically. The Citator does not deal with provisions of the Criminal Code or of the Income Tax Act .

First look up the statute under its title . Then find the section number that concerns you (written in bold letters). All amendments that are in force or will come into force on a specific date are listed. Under each section number, the Citator lists the type of change that has been made to the statute (amendment, addition, repealed, etc .), and the chapter number and the year of the statute that made the change.

Green pages at front of binder : Cumulative bulletins are weekly updates that provide the most recent information (including proclamation dates). As they are cumulative, you need only check the most recent issue to determine what changes, if any, have occurred since the most recent edition of the Citator main work.

To discover the status of a “new” statute, consult each volume of Canadian Current Law Legislation published since the Citator was last updated (a date is given on one of the front pages of the first volume). The section entitled “Statutes Factually Considered” lists alphabetically all federal and provincial statutes that have been discussed before the courts or (and this is what is significant to the updating process) have been modified by a legislature. Normally, however, the Citator will be up-to-date.

Citation Of Statutes

Detailed information on citing Canadian statutes is set out in Chapter 3 of the McGill Guide , which should be consulted in all cases. The information below provides a simple introduction to citing federal statutes.

The basic elements in a statute citation are as follows.

Amended or repealed acts

In addition to these basic elements of a statute citation you may sometimes need to include additional information. For example, if it is not apparent to the reader that the section of the act you are referring to has been amended, then you must indicate this fact in your citation. You must cite both the original act and the amending act. However, only if the name of the amending act is different from the original statute must it be included.

Otherwise, it may be omitted. For example: Municipal Taxation Act , R.S.A. 1980, c. M-31, s. 24(1)(b), as am. by School Act , S.A. 1988, c. S-3.1., s. 249(a) . Similarly, some statutes repeal existing acts or parts of existing acts. If you refer to an act that has been repealed, you must give notice of this fact in the citation. To indicate this in your citation, you must mention both acts and the relationship between them. For example: Environmental Contaminants Act , RS.C. 1985, c.E-12, as rep. by Canadian Environmental Protection Act , R.S.C. 1985 (4th Supp), c. 16, s.147.

Citation Of Regulations

Refer to Rules 3.5 and 3.6 of the McGill Guide (4th ed.) for proper citation of regulations.

The elements of an adequate citation to a regulation are:

Title

Canadian federal regulations are given titles. The title is underlined or italicized. e.g., Western Grain Stabilization Regulations , C.RC. 1978, c.1607 Location

Before 1972 all federal regulations were technically referred to as “Statutory Orders and Regulations,” and were identified by the year in which they were made and by their number in that year. “Statutory Orders and Regulations” is abbreviated to SOR. e.g., Canadian Bill of Rights Examination Regulation , SOR/74-633

After 1972 , a new class of federal regulations, known as ” Statutory Instruments ,” was created. Statutory instruments are published in the Canada Gazette , where they appear along with SOR’s and are referred to as SI’s, also by year and number. e.g., Potatoes for Chip Manufacture Remission Order ,1979-80, SI/83-64

Regulations published in the 1978 consolidation are cited simply as C.R.C., chapter number: e.g., Broadcasting Licence Fee Regulations , C.RC., c.373

Regulations published in the previous 1955 consolidation are cited: [ Title ], S.O.R Cons./55, page number.

Citation Of Ontario Regulations

Definition of Citation

Citation meaning or descrpition: information identifying where a statute, regulation, bylaw, court or tribunal decision, or article is published; also called a “cite” (Source of this concept of Citation: emp.ca/books/330-7)