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Regulations

INTRODUCTION

Regulations 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 Parliament or act of a provincial legislature. The authoritative act under which a regulation is issued is referred to as the Enabling Statute. Regulations 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 regulations 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.

Regulations are issued and change on a regular basis. These rapid changes make regulations 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 regulations are published in the Canada Gazette, Part II, while Ontario regulations appear in the weekly Ontario Gazette.

 

Sources For Federal Regulations

Print LexisNexis Quicklaw Westlaw Canada Government Websites
  • Consolidated Regulations of Canada (CRC)
    - consolidated Dec. 31, 1977
  • Canada Gazette Part II
    - Annual Volumes
    - Individual Issues
  • Consolidated Index of Statutory Instruments
  • Canada Regulations Index

Canada Legislation Historical (Repealed regulations from 1985 forward).

Canada Regulations
- Full-text
- up-to-date

Contains approximately 13,000 of the most frequently consulted regulations in various areas of Canadian law and in all jurisdictions along with comprehensive regulations in the following specialty areas: criminal law, family law, securities, insolvency and intellectual property.

Department of Justice Website:

Canada Gazette, Part II

Sources For Ontario Regulations

Print LexisNexis Quicklaw Westlaw Canada Government Websites
Revised Regulations of Ontario, 1990

Ontario Regulations
(Reprinted from Ontario Gazette)

  • Annual bound volumes in the library stacks
  • Ontario Gazette
    • Back of individual issues contains full text of regulations
  • Table of Regulations
    • located at the back of annual statute volumes
  • Ontario Regulations Service (loose-leaf)
    (Full text of regulations from last few years)

Ontario Historical Legislation (Repealed statutes from 2000 forward)

Ontario Regulations up-to-date

The Revised Regulations of Ontario, including new and revised regulations from the Ontario Gazette

Ontario's e-Laws

Ontario Gazette

 

FEDERAL REGULATIONS

Finding Federal Regulations in Print Consolidated Index of Statutory Instruments (Official Method) Canada Regulations Index (An Alternate Method)
Finding Federal Regulations Using Online Sources Using Online Sources to Update Regulations

Federal regulations are governed by the Statutory Instruments Act, RSC 1985, c S-22. This act requires that regulations be published in the Canada Gazette, Part II, within 23 days of registration unless the regulations are exempted by the enabling statute. The act also defines what constitutes subordinate legislation as well as stipulating that there must be statutory authorization for every regulation in the form of an enabling statute. If publication is required, the regulation is effective as of the date of registration with the Clerk of the Privy Council. If the regulation is exempt from publication, it is effective as of the date of promulgation.

Finding Federal Regulations in Print

Print versions of regulations are extremely important because they are considered to be official sources. However, the online .pdf version of the Canada Gazette is official from April 1, 2003 onward. Finding and updating regulations via the paper trail is a somewhat more complicated and time consuming process than using electronic sources, yet it is important to realize that electronic sources before April 1, 2003 are still considered unofficial. For this reason as well as the fact that you may one day find yourself without access to electronic sources in this area, it is necessary to become comfortable using print sources to locate and update regulations.

The print method outlined here can also be employed using the online sources listed under Using Online Sources to Update Regulations.

example:

Locate the Immigration and Refugee Protection Regulations under the Immigration and Refugee Protection Act.

I) Consolidated Index of Statutory Instruments (Official Method)

1. Consult 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 regulations 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 - Regulations 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 Regulations is an example of such a title.
  • Regulation titles are listed alphabetically throughout Table I. Locate Immigration and Refugee Regulations.
  • As you can see, the Immigration and Refugee Protection Regulations were released under the authority of the Immigration and Refugee Protection Act.

3. Consult Table II - Regulations Arranged by Enabling Statute Title

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

4. Update 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:

Citations to regulations will refer you to one of two sources:

a) The CRC 1978 - The Consolidated Regulations of Canada.

The CRC set is arranged alphabetically by enabling statute and is shelved in the Federal Legislation section of the stacks.

b) Canada Gazette Part II - A particular issue.

The Gazette is shelved together with the other legislative materials.

Note:

If you do not know the name of a regulation but do know the name of its enabling act, proceed directly to Table II.

II) Canada Regulations Index (An Alternate Method)

  • The Canada Regulations Index is a three volume publication which lists all federal regulations 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 regulations are issued.

1. Locate the Name of the Enabling Statute for the Regulation You Wish to Locate

  • Look up Immigration and Refugee Protection Act  in the white pages of the index where statute titles are listed alphabetically.
  • Here you will find a list of citations for all the regulations and amendments which have been passed under the authority of the Statute.
  • Note :  The Canada Regulations 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 regulations.

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 regulations.
  • 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 Regulations Using Online Sources

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

Regulations Databases

There are two main methods for searching for regulations: one can browse through lists of act and regulation titles to find the legislation or perform a specific search through these titles.

Example:

Locate the regulations under the Aeronautics Act, RSC 1985, c A-2.

LexisNexis Quicklaw Westlaw Canada Department of Justice
  1. Click on the "Legislation" tab.
  2. Under "Current Consolidations," select "browse."
  3. Click on the "+" sign beside "Canada Regulations."
  4. Scroll down to Aeronautics Act.
  5. Click on the "+" sign beside it to display the associated regulations.
  6. To view a particular regulation, click on that title.
  1. Under "Browse Table of Contents," click on "Legislation."
  2. Clcik on the "+" sign beside "Canada."
  3. Click on the "+" sign beside "Federal (English)."
  4. Click on "Regulations."
  5. Scroll down to Aeronautics Act.
  6. Click on the "+" sign beside it to display the associated regulations.
  7. To view a particular regulation, click on that title.

    Note: the database does not contain all regulations for all areas of law. See "Sources For Federal Regulations" above.
  1. Click on the "Statutes by Title."
  2. Browse until you get to the Aeronautics Act.
  3. Click on the yellow "R" beside the title.
  4. Click on any of the regulations to display them.

 

Example:

Locate the following regulation: SOR/2002-227(retrieving a regulation by citation when you don't know its name or its enabling statute)

LexisNexis Quicklaw Westlaw Canada Department of Justice

 

  1. Go to the Legislation tab.
  2. Type in "SOR/2002-227" in the citation field
  3. LexisNexis Quicklaw will retrieve the text of that regulation.
  1. Click on the Legislation custom search template.
  2. Type in "SOR/2002-227" in the citation field
  3. Westlaw Canada will retrieve the text of that regulation.

Note: the database does not contain all regulations for all areas of law. See "Sources For Federal Regulations" above.

  1. Click on "Basic Search."
  2. Type in "SOR/2002-227" in the "Chapter/Registration number" field and select "Search in Regulations" from the drop-down menu
  3. The Department of Justice website will retrieve the text of that regulation.

Note:

If you are looking for a regulation no longer in effect, you might have to use paper or a "repealed regulation" database.

Using Online Sources to Update Regulations

Because regulations change so often, you should update your regulations to be as current as possible. Normally you would update by consulting the most recent issues of the Canada Gazette Part II available in the library. The Canada Gazette is also available online, and it is official from April 1, 2003 onward. You can use the online .pdf version of the Gazette in the same way you use the print version, as outlined above.

Note:

A consolidation of federal regulations is available on the Department of Justice web site. To access this consolidation, visit the Department of Justice website at http://laws.justice.gc.ca/en/.

ONTARIO REGULATIONS

How to Find an Ontario Regulation in Print Finding Ontario Regulations Using Online Sources

Ontario regulations are governed by the Legislation Act, 2006, SO 2006, c 21, Schedule F. This act defines what constitutes a regulation and stipulates that there must be statutory authorization for every regulation in the form of an enabling statute.

How To Find An Ontario Regulation in Print

example:

Locate the Ontario Continuing Education Regulation issued under the Education Act

1. Consult the Table of Regulations for a Citation (Official Method)

  • The "Table of Regulations" is a cumulative listing of regulations and amendments found at the end of each annual volume of the Statutes of Ontario.
  • The Statutes of Ontario are the red books shelved in the stacks on the main floor towards the back of the library. These are arranged by year and volume number. Consult the most recent volume available.
  • The "Table of Regulations" alphabetically lists the titles of enabling legislation.
  • Under each statute is a list of regulations made under that act complete with citations and amendments.

    For example under Education Act, locate the following citation:

    Ontario Continuing Education Regulation RRO 1990, Reg 285.

2. Locate the Regulation

  • The citation tells us that the Continuing Education Regulation is found in the Revised Regulations of Ontario 1990 under Regulation 285.
  • The Revised Regulations of Ontario are blue volumes shelved in the Reference Section or in the main floor stacks towards the back of the library.
  • The range of regulation numbers is indicated on the spine of each volume.
  • Locate Regulation 285 which is found in volume 3.

3. Update Through the Ontario Regulations Service

  • The Ontario Regulations Service is a very useful reference tool. It can be used in lieu of the Table of Regulations to locate a citation. As well, this service contains very recent information as it is current to within the last month.
  • This tool reprints the regulations portion of the Ontario Gazette so that one can look up a cited amendment or regulation directly in that volume without having to find an actual copy of the Gazette itself.
  • The Ontario Regulations Service is comprised of several volumes and these are the blue binders shelved in Reference area.

    a) The Cumulative Consolidated Index - The Green Pages

    • The green section found at the front of each volume is an annual consolidated index which lists all regulations in force until the end of that calendar year.

Example:

Update any regulations under the Education Act by consulting the list under Education Act in the green pages of the Regulations volume for the latest year. (Note that enabling statutes are arranged alphabetically)

b) The Current Year's Index - The Yellow Pages

  • The yellow section found in the most recent volume is an index of recent amendments and regulations which is current to within the last month.

Example:

To update regulations under the Education Act, search alphabetically under the title of the enabling statute.

4. Final Update: Check The Most Recent Issues of The Ontario Gazette

  • In order to be absolutely current, you must update from the latest cutoff point in your information by searching through recent issues of the Ontario Gazette.
  • The Gazette issues are shelved with the Ontario legislative materials. These are weekly issues which contain a list of publications under the Regulations Act.
  • To update, refer to the index at the back of each issue and search for any recently issued regulations by enabling statute title.
  • Issues of the Ontario Gazette from 2000 onward are available online.

Finding Ontario Regulations Using Online Sources

Online sources for Ontairo regulations generally work the same way as those for federal regulations. Similarly, there are two main methods for searching: browsing through lists of act and regulation titles to find legislation or performing a specific search through these titles.

Example: Find the regulations on the Collection of Personal Information under Ontario's Education Act.
LexisNexis Quicklaw Westlaw Canada Government of Ontario's e-Laws
  1. Click on the "Legislation" tab.
  2. Under "Current Consolidations," select "browse."
  3. Click on the "+" sign beside "Ontario Regulations."
  4. Scroll down to the Education Act.
  5. Click on the "+" sign beside it to display the associated regulations.
  6. To view a particular regulation, click on that title.

OR

  1. Click on the "Legislation" tab.
  2. Under "Current Consolidations," select "search."
  3. In the "Legislation title" field, search for "collection of personal information"

 

 

  1. Under "Browse Table of Contents," click on "Legislation."
  2. Click on the "+" sign beside "Canada."
  3. Click on the "+" sign beside "Ontario."
  4. Click on "Regulations."
  5. Scroll down to the Education Act.
  6. Click on the "+" sign beside it to display the associated regulations.
  7. To view a particular regulation, click on that title.

 

  1. Click on "Search or Browse Current Consolidated Law."
  2. Browse until you reach the Education Act.
  3. Click on the "+" sign beside the Act name to display all regulations.
  4. To view a particular regulation, click on that title.


Example: Locate the following regulation: O Reg 521/01 (retrieving a regulation by citation when you don't know its name or its enabling statute)
LexisNexis Quicklaw Westlaw Canada Government of Ontario's e-Laws
  1. Go to the Legislation tab.
  2. Type in "O Reg 521/01" in the citation field
  3. LexisNexis Quicklaw will retrieve the text of that regulation.
  1. Click on the Legislation custom search template.
  2. Type in "O Reg 521/01" in the citation field
  3. Westlaw Canada will retrieve the text of that regulation.
  1. Click on "Search or Browse Current Consolidated Law."
  2. Search for "O Reg 521/01."
  3. e-Laws will retrieve that title.

Note:

If you are looking for a regulation no longer in effect, you might have to use paper or a "repealed regulation" database.

Online Sources for Ontario Regulations

The government of Ontario's legislative website, e-Laws, contains a number of tools for researching legislation, including a database of Acts with their associated regulations, annual consolidations of regulations, and repealed regulations. You can also search the recent years of the Ontario Gazette online. You can use the online version of the Gazette in the same way you can use the print version.

TOGETHER THE PIECES FORM THE WHOLE

While using print sources represents the official approach to finding and updating regulations, this is not necessarily the most efficient method to use. In reality, it is most effective to make use of a combination of resources to locate the information you need. For example;

Likely the most efficient means of finding and updating Federal Regulations is to:

  • Consult the appropriate electronic resource (LexisNexis Quicklaw, Westlaw Canada, Department of Justice, etc.)
  • If necessary, update via the Canada Regulations Index and/or refer to the most recent issues of the Canada Gazette Part II.

Likely the most efficient means of finding and updating Ontario Regulations is through e-Laws. If necessary, consult the Ontario Gazette for further updating.

There are many ways to access the same information, and it is to your benefit to become familiar with all of these. In this way, you will be prepared to work in any environment you may find yourself in.

Note:

In addition to all the above mentioned sources, unofficial consolidations of regulations may be available in various annotated statutes and loose-leaf services.

Last Updated: 19 February 2014