Statutory Instruments in Canada

Statutory instruments are also known as delegated or subordinate legislation. Generally speaking, subordinate legislation is the broad term given to rules, regulations, orders, bylaws, or proclamations made by an authority (Governor-in-Council, minister, government department, etc.) under the terms of an act of the Canadian Parliament or act of a provincial legislature. The authoritative act under which a regulation is issued is referred to as the Enabling Statute. statutory instruments are concerned with highly specific legislative detail while enabling statutes deal more with general matters or principles for the subject concerned. For example, an enabling statute will outline policy or objectives while statutory instruments made under that act will provide actual detailed information as to how the legislative objectives are to be carried out. Subordinate legislation has the force of law.

Statutory instruments are issued and change on a regular basis. These rapid changes make statutory instruments a challenge to work with because updating becomes such an important component of the researching process. It is essential to be as current as possible in order to avoid missing any important information.

Federal statutory instruments are published in the Canada Gazette, Part II, while Ontario statutory instruments appear in the weekly Ontario Gazette.

Legal Research in the Consolidated Index of Statutory Instruments

Index of Canadian Regulations

The Index of Canadian Regulations lists most federal regulations and statutory instruments in force, with headings to provide a better indication of the delegated legislation’s contents. The index is arranged by name of statute under which the regulations are issued. Regulation titles are listed alphabetically throughout the Index. Research the Index of Canadian Regulations here.

Research 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 statutory instruments 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 toward the back of the library.

2. Consult Table I – statutory instruments 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 statutory instruments is an example of such a title.
• Regulation titles are listed alphabetically throughout Table I.

Research Table II – statutory instruments Arranged by Enabling Statute Title

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

Update the Legal Research of Regulations 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 that citations to statutory instruments will refer you to one of two sources:

1. The CRC 1978 – The Consolidated statutory instruments of Canada. The CRC set is arranged alphabetically by enabling statute and is shelved in the Federal Legislation section of the stacks.
2. Canada Gazette Part II – A particular issue. The Gazette is shelved together with the other legislative materials.

Note that 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

•This Canadian statutory instruments Index is a three volume publication which lists all federal statutory instruments 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 statutory instruments are issued.

Steps:

1. Locate the Name of the Enabling Statute for the Regulation You Wish to Locate
•Look up the statutory instrument in the white pages of the index where statute titles are listed alphabetically.
•Here you will find a list of citations for all the statutory instruments and amendments which have been passed under the authority of the Statute.
•Note : This statutory instruments 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 statutory instruments.

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 statutory instruments.
•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 statutory instruments Using Online Sources

LexisNexis Quicklaw, WestlawNext Canada, and the Department of Justice all maintain statutory instruments databases that are easy to use and contain statutory instruments which are up to date, usually to the current Gazette. However, always make sure to check for the currency date.

Consolidated Index of Statutory Instruments in Canada

Resources

See Also

Consolidated Index of Statutory Instruments in French

In the French language, Consolidated Index of Statutory Instruments means: index codifié des textes réglementaires (there is related information on index codifié des textes réglementaires in the legal Encyclopedia in French, about Canadian law, French law and other legal systems – the link is to the Encyclopedia).

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This entry was last updated: February 1, 2017