How Acts Enter into Force Annette Demers How Acts Enter into Force

Objectives of this Video At the end of this video, you should be able to: Describe how statutes come into force. Locate commencement information for a statute. Record commencement information.

Where to Find CIF Info A statute’s CIF provision is usually located near the end of the statute. Language Typically Used in the Statute Authority by Which the Statute or Section came into force (for the purposes of this class). “This Act comes into force on Royal Assent.” Royal Assent. “This Act comes into force on May 5, 2010.” Fixed Date “Section 6 comes into force on a day to be fixed by order of Governor in Council.” Proclamation. “This Part comes into force on a day to be fixed by order of the Governor in Council.” No provision, or silent on this matter. Interpretation Act

Sample CIF PRovision COMING INTO FORCE Royal Assent 158 (1) Subsections 2(5) and (6), sections 3, 6, 8, 10, 11 and 15, subsections 26(2) and (3), sections 28, 34 and 35, subsections 39(1), 50(3) and (4) and 54(2) and (3), sections 71 and 73, subsections 80(2) and (3), sections 82 to 85, 88, 89 and 92, subsection 93(4), sections 94 and 95, subsections 97(1) and (2), section 98, subsections 100(1), 101(2) and 102(3), sections 104, 106, 109 to 111, 124, 125, 127, 136, 145 and 153 to 157 come into force on the day on which this Act receives royal assent. Order in council 158 (2) Subsection 2(1), sections 5.1, 108, 114 and 117, subsection 123(2) and sections 134, 135, 146, 148 and 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.

CIF Information When reviewing the coming into force of a statute, note the following information: The CIF Provision. The commencement date. The authority by which the statute came into force. (Royal Assent or Proclamation or Fixed Date). Citation to the Proclamation (Statutory Instrument (SI) #) Full citation to the Canada Gazette Part Two where the Proclamation may be found.

CIF Information – Royal Assent Example Fair Elections Act, SC 2014, c 12, s 26(2), in force June 18, 2014 by Royal Assent in accordance with section 158(1). Explanation: Component Example Title of Act Fair Elections Act Citation SC 2014, c 12 Section of Act being investigated s 26(2) Commencement Date June 18 2014 Authority Royal Assent CIF Provision Number 158(1)

CIF Information – Where Statute Commences by Proclamation Civil Marriage of Non-residents Act, SC 2013, c 30, s 4 in force August 14, 2013 by Proclamation in accordance with section 5 of the Act, see Order Fixing August 14, 2013 as the day on which section 4 of the Act comes into Force, SI/2013-93, in Canada Gazette Part Two, (Aug 28, 2013), vol 147, no 18, at 2088.

CIF Information Civil Marriage of Non-residents Act, SC 2013, c 30, s 4 in force August 14, 2013 by Proclamation in accordance with section 5 of the Act, see Order Fixing August 14, 2013 as the day on which section 4 of the Act comes into Force, SI/2013-93, in Canada Gazette Part Two, (Aug 28, 2013), vol 147, no 18, at 2088. Component Example Title of Act Civil Marriage of Non-Residents Act Citation SC 2013, c 30 Section of Act s 4 CIF Date August 14 2013 Authority Proclamation CIF Provision Number Section 5 Title of Proclamation Order Fixing August 14, 2013 as the day on which… Citation to Proclamation SI/2013-93 Gazette Citation Canada Gazette Part Two, (Aug 28, 2013) vol 147, no 18 at 2088.

CIF Information –NO CIF PROVISION Example National Health and Fitness Day Act, SC 2014, c 34, s 2, in force December 16, 2014 by Royal Assent in accordance with Interpretation Act, RSC 1985, c I-21, s 5(2). Component Example Title of Act National Health and Fitness Day Act Citation SC 2014, c 34 Section of Act being investigated s 2 Commencement Date December 16, 2014 Authority Royal Assent CIF Provision Number none Interpretation Act + governing section Interpretation Act, RSC 1985, c I-21, s 5(2).

Steps for Locating CIF Information Step 1: Locate the ENACTED (ANNUAL) VERSION of the statute. Step 2: Locate the CIF Provision at the end of the statute. Step 3: Review the CIF Provision. -if Royal Assent, note the Royal Assent date -if Fixed Date, note the date -if Proclamation, see Step 4 below -if NO CIF provision, see Interpretation Act Step 4: Locate the Table of Proclamations for that year Step 5: Use the info provided in the Table to locate the proclamation in the Canada Gazette Part Two. Step 6: Note your findings at each step above.

CIF on Royal Assent Example When did this statute come into force? Fairness for Military Families (Employment Insurance) Act, SC 2010, c 9.   Step 1: Locate the ENACTED VERSION of the statute.

CIF on Royal Assent Example Fairness for Military Families (Employment Insurance) Act, SC 2010, c 9.   Step 2: Locate the CIF provision at the end of the statute. Step 3: Review the CIF Provision. -note the Royal Assent date

Royal Assent CIF Statement Fairness for Military Families (Employment Insurance) Act, SC 2010, c 9, in force July 4, 2010 by Royal Assent in accordance with section 5.

Locating CIF Information - Example When did SECTION 4 of this statute come into force? Immigration and Refugee Protection Act, SC 2001, c 27, s 4. Step 1: Locate the ENACTED VERSION of the statute. Step 2: Locate the CIF Provision.

Locating CIF Information - Example Immigration and Refugee Protection Act, SC 2001, c 27, s 4. Step 3: Review the CIF Provision. -if Proclamation, see Step 4 below Step 4: Locate the Table of Proclamations for that year The Table of Proclamations appears in the last volume of the SC each year and in the Canada Gazette Part Three.

Locating CIF Information - Example Immigration and Refugee Protection Act, SC 2001, c 27, s 4 Step 4: Locate the Table of Proclamations for that year. Visit Statutes of Canada 2001 on Hein Online Choose Table of Proclamations from last volume in 2001 (under Index)

Locating CIF Information - Example Immigration and Refugee Protection Act, SC 2001, c 27, s 4 Step 4: Locate the Table of Proclamations for that year. c) Review the Table for this Act. d) Note the CIF information for section 4.

Table of Proclamations – Canada Gazette Part THree Immigration and Refugee Protection Act, SC 2001, c 27, s 4 (assented to Nov 1 2001).

Locating CIF Information - Example Immigration and Refugee Protection Act, SC 2001, c 27, s 4 Step 4: Locate the Table of Proclamations for that year. Note the CIF information for section 4. Step 5: Use the info provided in the Table to locate the proclamation in the Canada Gazette Part Two. -Visit the Canada Gazette Part Two website. -Locate the issue for 2001 that contain SI/2001-119

Summary Step 5: Locate the issues for 2001 that contain SI/2001-119

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CIF Information statement NOW PUT IT ALL TOGETHER!

CIF Information statement NOW PUT IT ALL TOGETHER! Immigration and Refugee Protection Act, SC 2001, c 27, s 4, in force December 6, 2001 by Proclamation in accordance with section 275 of the Act, see Order Fixing December 6, 2001 as the Date of Coming into Force of Certain Sections of the Act, SI/2001-119, in Canada Gazette Part Two, (Dec 19, 2001), vol 135, no 26 at 2901.

CIF Information – VERY NEW acts Step 1: Locate the enacted version of the statute (Justice Laws or LegisInfo) Step 2: Locate the statute’s CIF Provision. -if CIF on Royal Assent, note assent date; -if CIF on Proclamation, then: Step 3: Review the most recent issues of the Canada Gazette Part Three. If there are no issues published after your Royal Assent date, then: Step 4: Review the individual issues of the Canada Gazette Part Two, Table of Contents – to see if there are any Statutory Instruments which would affect your Act.

Summary In this video, you learned how to: Describe how statutes come into force. Locate commencement information for a statute. Record commencement information.

How Acts Enter into Force Annette Demers How Acts Enter into Force