Annette Demers 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 ID: 526590
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Slide1
How Acts Enter into Force
Annette DemersSlide2
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.Slide3Slide4
Where to Find CIF Info
Language Typically Used in the StatuteAuthority 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.”Proclamation.No provision, or silent on this matter.Interpretation Act
A statute’s CIF provision is usually located near the end of the statute.Slide5
Sample CIF PRovisionCOMING INTO FORCE
Royal Assent158 (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.Slide6
CIF InformationWhen 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.Slide7
CIF Information – Royal Assent Example
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 12Section of Act being investigateds 26(2)Commencement DateJune 18 2014AuthorityRoyal Assent
CIF Provision Number 158(1)Slide8
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.Slide9
CIF Information
ComponentExampleTitle of Act
Civil Marriage of Non-Residents Act
Citation
SC 2013, c 30
Section of Act
s 4
CIF Date
August 14 2013
AuthorityProclamationCIF Provision NumberSection 5Title of ProclamationOrder Fixing August 14, 2013 as the day on which…Citation to ProclamationSI/2013-93Gazette CitationCanada Gazette Part Two,
(Aug 28, 2013) vol 147, no 18 at 2088.
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.Slide10
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 ActNational Health and Fitness Day ActCitationSC 2014, c 34Section of Act being investigateds 2Commencement DateDecember
16, 2014AuthorityRoyal Assent
CIF Provision
Number
none
Interpretation Act + governing section
Interpretation Act
, RSC 1985, c I-21, s 5(2).Slide11
Steps for Locating CIF InformationStep 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.Slide12
CIF on Royal Assent ExampleWhen 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.Slide13
CIF on Royal Assent ExampleFairness 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 dateSlide14
Royal Assent CIF StatementFairness for Military Families (Employment Insurance) Act
, SC 2010, c 9, in force July 4, 2010 by Royal Assent in accordance with section 5. Slide15
Locating CIF Information - ExampleWhen 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.Slide16
Locating CIF Information - ExampleImmigration 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.Slide17
Locating CIF Information - ExampleImmigration 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)Slide18
Locating CIF Information - ExampleImmigration 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. Slide19
Table of Proclamations – Canada Gazette Part THree
Immigration and Refugee Protection Act, SC 2001, c 27, s 4 (assented to Nov 1 2001).Slide20
Locating CIF Information - ExampleImmigration 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/2001-119Slide21
Summary
Step 5: Locate
the
issues
for 2001 that contain SI/2001-119Slide22Slide23
SummarySlide24
SummarySlide25
Summary
`Slide26
CIF Information statementNOW PUT IT ALL TOGETHER!Slide27
CIF Information statementNOW 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.Slide28
CIF Information – VERY NEW actsStep 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.Slide29
Summary In this video, you learned how to:
Describe how statutes come into force.Locate commencement information for a statute.Record commencement information.Slide30
How Acts Enter into Force
Annette Demers