How to understand statutes and regulations Cover Image

Book

How to understand statutes and regulations / Nancy McCormack

Summary:

"This book introduces the reader to Bills, Acts and Regulations, and describes how legislation works and is interpreted by the Courts. How Acts come into force, the various types of Acts, and citation practices are discussed. The constituent elements of Acts (short and long title, table of contents, preamble, provisos, statement of purpose, headings, parts, sections, punctuation, marginal notes, etc.) are explained along with how they contribute to the meaning and interpretation of Acts. E.A. Driedger?s Modern Principle approach to statutory interpretation is explored in detail along with the rules and legal maxims which apply in the examination of the text, context, purpose and consequences of Acts. The role of the common law, the Constitution, the Charter, international law, and Interpretation Acts in statutory construction, along with the rules which apply to specific types of enactments such as quasi-constitutional legislation are set out. Crown immunity is reviewed, and the special rules applying to aboriginal treaties/legislation are discussed. The courts? role in sorting out gaps, mistakes, overlap and drafting errors is considered. The book includes an analysis of regulations specifically, and statutory instruments generally. A detailed glossary completes the work." --publisher's description.

Record details

ISBN: 9780779880133
ISBN: 0779880137
Physical Description: lxxvi, 421 pages ; 23 cm
Edition: 2nd ed.
Publisher: Toronto, Ontario : Thomson Reuters, [2017]
Copyright: ©2017

Content descriptions

General Note:	At head of title: Carswell. Includes table of cases.
Bibliography, etc. Note:	Includes bibliographical references and index.
Formatted Contents Note:	Parliament and the Acts of Parliament -- When an Act comes into force -- How Acts ceased to be : repeal, expiration, replacement and obsolescence -- Classes of Acts and Parliament -- The elements of an Act -- The regnal year -- The citation -- The long title of the Act -- The short title -- The table of contents -- The enacting words -- The preamble -- The purpose section of an Act -- Definitions -- Headings -- Parts -- Sections, subsection, paragraphs, etc. -- Marginal notes -- Provisos -- Punctuation -- Schedules -- Incorporations of legislation or documents by reference -- How Acts and the common law work in conjunction with one another -- Statutory interpretation before the adoption of the "modern principle" -- The modern principle approach to statutory interpretation -- Textual meeting -- The meaning of words not defined in the Act -- Determining meaning through associated words -- The limited class rule -- Express inclusions and implied exclusions -- Presumption against absurdity or absurd results -- Legislative gaps and omissions -- Mistakes in an Act -- The purpose of an Act -- Extrinsic materials and surrounding curcumstance used to understand the meaning of an Act -- The Act must be read as a whole -- Interpreting an Act in the light of other Acts -- Acts which overlap, conflict and are inconsistent with each other -- Interpreting an Act in the light of the Constitution -- The Canadian Charter of Rights and Freedoms -- Applicable interpretive principles for aboriginal legislation and treaties -- The interpretation of quasi-constitutional legislation -- Interpretating an Act in light of international law -- Acts which are interpreted in a broad and liberal manner -- Acts which are to be read narrowly -- Acts that apply from before the date on which that were passed -- The jurisdiction in which an Act operates -- How Acts of Parliament affect the Crown -- Bilingual and bijural legislation -- Regulations -- Further reading -- Glossary.