Canadian Federal Regulations

Research of Federal Regulations

Federal regulations are governed by the Statutory Instruments Act, R.S.C. 1985, c. S-22. This act requires that regulations be published in the Canada Gazette, Part II, within 23 days of registration unless the regulations are exempted by publication by the enabling statute. The act also defines what constitutes subordinate legislation as well as stipulating that there must be statutory authorization for every regulation in the form of an enabling statute. If publication is required, the regulation is effective as of the date of registration with the Clerk of the Privy Council. If the regulation is exempt from publication, it is effective as of the date of promulgation.

Finding Federal Regulations in Print

Print versions of regulations are extremely important because they are considered to be official sources (but not the only official source). In addition, the print versions of either the Canada or, for example, Ontario Gazettes tend to offer the most current source of regulation information. Finding and updating regulations via the paper trail is a somewhat more complicated and time consuming process than using electronic sources, yet it is important to realize that electronic sources are still considered unofficial and are usually less current than print sources. For these reasons as well as the fact that you may one day find yourself without unlimited access to electronic sources, it is necessary to become comfortable using print sources to locate and update regulations.

Consolidated Index of Statutory Instruments (Official Method)

1. Consult the Consolidated Index of Statutory Instruments – Most Recent Issue

• The Consolidated Index of Statutory Instruments is published in Part II of the Canada Gazette. This is a cumulative consolidated list of federal regulations and enabling acts dating back to 1955. The index is issued quarterly. Be sure to consult the most current issue available to avoid missing relevant information.
• The Consolidated Index is a white, soft cover manual which is shelved with the federal legislative materials in the reference section or in the stacks on the main floor towards the back of the library.

2. Consult Table I – Regulations Listed Alphabetically by Title

• Use Table I, found at the beginning of the Index when you know the name of the regulation you need to find. The title of the enabling act is listed under each regulation. A regulation’s name is referred to as its short title. “Immigration and Refugee Protection Regulations” is an example of such a title.
• Regulation titles are listed alphabetically throughout Table I. Locate “Immigration Regulations”.
• As you can see, the “Immigration and Refugee Protection Regulations” were released under the authority of the Immigration and Refugee Protection Act.

3. Consult Table II – Regulations Arranged by Enabling Statute Title

• Table II lists all regulations passed under an act and provides citations to where these regulations and their amendments may be found.
• Locate Immigration and Refugee Protection Act and then refer to the Immigration and Refugee Protection Regulations for a complete list of citations.

4. Update Through Recent Issues of the Canada Gazette Part II

• Given that the Consolidated Index may be up to three months behind, you must update from the latest cut off point by searching each recent issue of the Canada Gazette, Part II.
• These are the thin issues of the Gazette shelved with the federal legislative materials.
• Refer to the table of contents at the back of each issue. You need to scan for either the regulation name or enabling statute title.

Note:

Citations to regulations will refer you to one of two sources:

a) The C.R.C. 1978 – The Consolidated Regulations of Canada.

The C.R.C. set is arranged alphabetically by enabling statute and is shelved in the Federal Legislation section of the stacks.

b) Canada Gazette Part II – A particular issue.

The Gazette is shelved together with the other legislative materials.

Note:

If you do not know the name of a regulation but do know the name of its enabling act, proceed directly to Table II.

Canada Regulations Index (An Alternate Method)

• The Canada Regulations Index is a three volume publication which lists all federal regulations in force to the end of the previous year.
• These index volumes are three blue binders shelved in the reference section of the library.
• The index is arranged by name of statute under which the regulations are issued.

1. Locate the Name of the Enabling Statute for the Regulation You Wish to Locate

• Look up Immigration and Refugee Protection Act in the white pages of the index where statute titles are listed alphabetically.
• Here you will find a list of citations for all the regulations and amendments which have been passed under the authority of the Statute.
• Note : The Canada Regulations Index differs from the Consolidated Index of Statutory Instruments in that a regulation’s internal headings are reproduced, along with section numbers, providing a better indication of the regulation’s contents.

2. Update Information for the Current Year – The Yellow Pages

• To update for the current year, consult the yellow pages at the front of each volume. These pages are cumulated monthly. Look up the enabling statute title for a list of any recently issued regulations.

3. Final Update through the Canada Gazette Part II

• To be absolutely current, it is necessary to consult the issues of the Canada Gazette Part II for information not yet covered by the yellow pages. The Gazette is by far the most current source of information for regulations.
• Refer to the table of contents at the back of each issue. You need to scan for either the regulation name or enabling statute title.

Finding Federal Regulations Using Quicklaw

In general, electronic consolidations of regulations suffer from a time lag. Quicklaw’s databases are no exception. The regulations databases are easy to use and contain regulations which are up to date, usually to the current Gazette.

Regulations Databases

There are two main methods for searching for regulations: one can browse through lists of act and regulation titles to find the legislation or perform a specific search through these titles.

Using the Internet to Update Regulations

Because regulations change so often, one must take great care in updating to as current a point in time as possible. See the links offered in the entry about Canadian legislation. Normally one would update by consulting the most recent issues of the Canada Gazette Part IIavailable (in the law library or in any other place). In addition to this, the federal government provides recent issues of the Gazette online.

Note: A consolidation of federal regulations is available on the Department of Justice web site. To access this consolidation, visit the Department of Justice website at http://laws.justice.gc.ca/en/.