1. By Annette Demers ademers@uwindsor.ca
Working with Statutes
By Annette Demers

2. Statutory Research What you Need to Know
Supplementary Resources to Help
How a bill becomes law and bill tracking.
-bills
-legislative debates
-committee reports and related information
-status of bills
Where new statutes are published.
-annual statutes
How new statutes come into force.
-commencement info
How amendments to statutes are consolidated over time.
-revised statutes
-consolidated statutes
How to track amendments to statutes
-tools for tracking amendments
How to backdate a statute or locate prior versions.
-historical tools
-prior versions collections
How to locate judicial consideration of a statute.
-tools for Noting Up statutes
How to locate regulations.
-consolidated regulations and related tools

3. Recap
What is the name of the print volumes where we can find federal annual statutes?
Statutes of Canada

4. Recap
What is the name of the print volumes where we can find Ontario annual statutes?
Statutes of Ontario

5. Recap Where can we find a scanned copy of the Statutes of Canada?
Canada Gazette Part Three
Hein Online Session Laws Library
LLMC Digital

6. Recap Where can we find a scanned copy of the Statutes of Ontario?
Hein Online Session Laws Library
Osgoode Digital Commons
LLMC Digital

7. Justice Laws - Annual Statutes
Recap
Where else online can we find federal annual statutes?
Justice Laws - Annual Statutes

8. Recap Where else online can we find Ontario annual statutes?
E-Laws – Source Law

10. Justice Laws
Annual Statutes
2017

11. Justice Laws
Consolidated Acts

12. Recap
What is the difference between an annual statutes collection and a consolidated statutes collection?
Annual Statutes = All Statutes incl amending acts.
-Organized by year, then chapter/title
Consolidated Statutes = Substantive Acts only
-Organized in alphabetical order by statute title.

13. The Amendment Process
1.  Section 1 of the Human Rights Code is amended by adding “gender identity, gender expression” after “sexual orientation”. From: Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, SO 2012, c 7, s 1.

14. Human Rights Code, section 1, Before Toby’s Act took effect:
Substantive Act – Current consolidation
on E-Laws Consolidated Law collection
Human Rights Code, section 1, Before Toby’s Act took effect:
1.  Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1). After: 1.  Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1); 2012, c 7, s 1.
Amending Act; only found in E-Laws Source Law collection or
Statutes of Ontario
Toby’s Act is the “parent Act” for this language.
This is a prior version of Section 1 of the Human Rights Code.
This is the current consolidation of Section 1 of the Human Rights Code.
This is the amendment information line.

15. This is the amendment information line.
Human Rights Code, section 1, Before Toby’s Act took effect:
1.  Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1). After: 1.  Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1); 2012, c 7, s 1.
This is the amendment information line.

16. Amendment Information Line
Element of the Amendment Info Line
What it Means / Translation
RSO 1990, c H.19, s 1.
Historical origins of the section. The current version of section one is built on the version of section one that appeared in the Human Rights Code, RSO 1990, c H.19, s.1
1999, c 6, s 28 (1).
This section was amended by
SO 1999, c 6, s 28 (1).
2001, c. 32, s. 27 (1).
This section was later amended by
SO 2001, c 32, s 27 (1).
2005, c. 5, s. 32 (1).
SO 2005, c 5, s 32 (1).
2012, c 7, s 1.
The most recent amended to this section was
Toby’s Act, SO 2012, c 7, s 1.

17. Coming into Force
Locate the ANNUAL STATUTE. Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, SO 2012, c 7, s 1.
Review the statute carefully to locate its Commencement Provision.
Read the Commencement Provision:
If the section comes into force on Royal Assent, note the Royal Assent date at the top of the statute.
If the section comes into force by Order of Governor in Council – locate the proclamation using the Canada Gazette Part Two (Federal) or the Ontario Gazette.
If the statute is silent about when it comes into force, it will normally come into force on Royal Assent. Review the Interpretation Act for the governing jurisdiction.

19. Substantive Act – Justice Laws Current Consolidated Act collection
Canadian Human Rights Act section 2
Before An Act to Amend the Canadian Human Rights Act and the Criminal Code, SC 2017, c 13 took effect:
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. R.S., 1985, c. H-6, s. 2;  1996, c. 14, s. 1;  1998, c. 9, s. 9;  2012, c. 1, s. 137(E);  2017, c. 3, s. 9.
Canadian Human Rights Act after the amendment took effect:
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
R.S., 1985, c. H-6, s. 2;  1996, c. 14, s. 1;  1998, c. 9, s. 9;  2012, c. 1, s. 137(E);  2017, c. 3, ss. 9, 11, c. 13, s. 1.
Amending Act; only found in Justice Laws- Annual Statutes
The amending Act is the “parent Act” for this language.
This is a prior version of section 2 of the Canadian Human Rights Code
This is the current consolidation of Section 2 of the Canadian Human Rights Code
This is the amendment information line.

20. Table of Public Statutes
-quick tool for locating
CIF for amendments

21. Canada Statute Citator –Tool for amendment tracking
Located at: Paul Martin Law Library Canadian Primary, Ground Flr. (XC )

22. Backdating Statutes Steps:
Locate the consolidated version of the statute and review the citation carefully.
If the citation is to RSO 1990 – locate the RSO 1990 version.
If the citation is to SO (year) – locate the statute in an Annual Statutes collection. Review the closing paragraphs. If it does not repeal anything – it is the parent Act.

23. Backdating Statutes

24. Backdating Statutes Human Rights Code, RSO 1990, c H19. Steps:
Review the RSO 1990 version of the statute. The first portion of the amendment information line give us the next clue.
Locate the RSO or SO cited.

25. Backdating Statutes
Human Rights Code, SO 1981, c 53.

26. Backdating Statutes
Human Rights Code, RSO 1980, c 340.

27. Backdating Statutes
Human Rights Code, RSO 1970, c 318.

28. Backdating Statutes
Human Rights Code, SO , c 93.

29. Coming Into Force by Proclamation (Ont)
Steps:
Locate the Table of Proclamations in the back of the annual statutes volumes.
Note the proclamation date and any other pertinent information.
Table of Proclamations
located in SO

30. CIF by Proclamation (Federal)
Steps:
Locate the Table of Proclamations in the back of the annual statutes volumes.
Note the proclamation date and any other pertinent information.
Table of Proclamations
located in SC 2015.

31. Locating Proclamations in Canada Gazette Part Two
Steps:
Visit the Can Gaz website.
Click on the year (2015).
Review the list of options and choose the issue that contains SI/
Open the PDF and use the Table of Contents at the end of the doc to navigate.
SI/ in Canada Gazette Part Two.

32. Locating Proclamations in Canada Gazette Part Two
Steps:
Visit the Can Gaz website.
Click on the year (2015).
Review the list of options and choose the issue that contains SI/
Open the PDF and use the Table of Contents at the end of the doc to navigate.
SI/ in Canada Gazette Part Two.

33. Locating Proclamations in Canada Gazette Part Two
Steps:
Visit the Can Gaz website.
Click on the year (2015).
Review the list of options and choose the issue that contains SI/
Open the PDF and use the Table of Contents at the end of the doc to navigate.
SI/ in Canada Gazette Part Two.

34. Regulations Jurisdiction Original Regulations as Registered
Consolidated Version
Federal
Canada Gazette Part Two
Justice Laws – Consolidated Regulations
Ontario
Ontario Gazette
E-Laws - Consolidated Regulations
“Regulations as Registered” - Includes both substantive regs and amending regs. Only shows us what the regs looked like on the day they were registered – they do not show us a current consolidation of the regulation.
“Consolidated Regulations” - Provides substantive regulations currently in force including all amendments.. Note that you cannot find any amending regs in a consolidated regs collection. Consolidated regs are usually linked to their enabling Act in online systems.
Unless otherwise stated in the regulation itself, regulations come into force on the day they are registered.

35. Regulations
Federal Regulations as registered are normally cited using the SOR number, example:
Abatement of Duties Payable Regulations, SOR/
Ontario Regulations as registered are normally cited using the O Reg number, example:
Designation of Condominium Authority, O Reg 181/17.
Federal Consolidated Regulations may be cited in two ways:
Accountable Advances Regulations, SOR/
Accountable Travel and Moving Advance Regulations (Canadian Forces), CRC c 670.
Ontario Consolidated Regulations may be cited in two ways:
Licence Fees, RRO 1990, Reg 54.
Forms, O Reg 426/11.

36. Amendments to Regulations

37. Questions? Visit a reference librarian!
By Annette Demers