CITATION OF STATUTES

FEDERAL STATUTES

Paragraph 40(1)(a) of the Interpretation Act provides as follows:

  40. (1) In an enactment or document,

(a) an Act may be cited by reference to its chapter number in the Revised Statutes, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted or by reference to its long title or short title, with or without reference to its chapter number; …

Based on paragraph 40(1)(a), this article treats the reference to the short or long title of an Act without reference to its chapter number as an acceptable form of citation of the Act. A reference to the "full citation" of an Act means a citation that is composed of its short title or, if the Act only has a long title, its long title, together with its chapter number and year.

While there are a number of acceptable ways of citing federal Acts in federal regulations, the following rules govern when to use one form of citation over another:

Short title vs. long title

If an Act has a long and a short title, for reasons of concision, always refer to the Act by its short title, even if the Act is not in force.

Full citation using footnotes

The full citation of an Act through the use of footnotes occurs when the title of the Act is referred to in prepublication notices, orders in council, other executive orders and in amending clauses of regulations. (see FOOTNOTES)

Short title used in the body of regulations (no footnotes)

When an Act is cited using its short title in the body of a regulation (other than in amending clauses), do not include the Act's chapter number or year unless

• the citation occurs in a coming-into-force provision (See COMING-INTO-FORCE PROVISIONS), or

• the Act referred to was enacted before the 1985 revision, the Act referred to has been repealed or there is more than one version of the Act with provisions that are in force, e.g. the Income Tax Act.

In coming-into-force orders, use the full citation of the Act. (See COMING-INTO-FORCE ORDERS)

Long title used in the body of the regulations (no footnotes)

Some amending Acts only have a long title and when that long title is used in the body of a regulation (other than in amending clauses) or in a coming-into-force order, use the full citation of the Act.

How to refer to chapter numbers

A full citation involves referring to the chapter of the Act. How the chapter is cited depends on whether the Act is part of the Revised Statutes, 1985. For those statutes that are part of the 1985 revision, the manner of citation is governed by section 9 of the Revised Statutes of Canada, 1985 Act, R.S., c. 40 (3rd Supp.):

  9. A chapter of the Revised Statutes may be cited and referred to in any Act, regulation, proceeding, instrument or document either by its short or long title as an Act or by using the expression "Revised Statutes, 1985, chapter … ", or "chapter … of the Revised Statutes", or the abbreviation "R.S.C., 1985, c… . " or "R.S., c… . ", adding in each case the number of the particular chapter.

Although section 9 provides for a variety of acceptable forms, the following abbreviations are used in footnotes in regulations: "R.S., c… ." and, in the case of a Supplement, "R.S., c… . ( … Supp.)".

For statutes that are not part of the 1985 revision (either because they were excluded from the revision or were enacted after December 12, 1988), paragraph 40(1)(a) of the Interpretation Act requires the chapter number in the "volume of Acts for the year or regnal year in which it was enacted" to be cited. The citation set out in footnotes is in an abbreviated form.

The abbreviation used for statutes enacted after the revision is "S.C. 2 … , c… . ."

Statutes that were enacted before the 1985 revision but that do not appear in the Revised Statutes, 1985 are cited as "S.C. 1980-81-82-83, c… ." or, in a statute revision year, as "R.S.C. 1970, c… .".

The following form of citation is used when the chapter number and year of an Act are set out in the body of the regulation (other than in amending clauses):

• (a) chapter 48 of the Statutes of Canada, 1988;
  
  
• (b) chapter B-1 of the Revised Statutes of Canada, 1985.

Although previous practice has been to refer to the chapter as "being chapter 48", the reference to "being" should no longer be used.

PROVINCIAL STATUTES

If a regulation refers to a provincial statute, the citation method used should be the one used in that province except, in every case, the word "chapter" is to be abbreviated to "c.".

Part 4 – Table of contents