DIVISION OF REGULATIONS

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Regulations may be divided into parts, sections, subsections, paragraphs, subparagraphs, clauses and subclauses, and they often include schedules, tables and forms. In complex regulations, parts may be separated into divisions and subdivisions. Headings are used to indicate the subject matter of each part, division or subdivision, of a series of sections or even of a single section.

The breakdown of a section into subsections, paragraphs, subparagraphs, etc. should be identical in the English and French versions. This is known as parallelism. Achieving parallelism is not always easy. If parallelism issues arise, drafters should consult with jurilinguists and senior drafters to explore possible solutions. In the end, a compromise that does not affect the fundamental quality of the draft may be needed to achieve parallelism.

PARTS

Arabic numerals are now used instead of Roman numerals to designate parts. In amendments to older regulations that use Roman numerals, continue to use them for internal consistency, unless all the Roman numerals in the regulations are being changed to Arabic numerals. The same rule applies to schedules, tables and forms. (see SCHEDULES TO REGULATIONS)

Example: PART 1

Parts are used only when two or more separate matters are being dealt with in one regulation. However, definitions and general provisions that apply throughout the regulation should appear together at the beginning of the regulation, before the parts. Alternatively, they may be placed in Part 1, which must then clearly state that it contains definitions and general provisions applicable to the whole regulation. Definitions that apply to only one part may be placed at the beginning of that part, which must then clearly state that it contains definitions applicable to that part.

When a part is referred to in a provision, the first letter of the word is capitalized and is followed by an Arabic numeral (or Roman, if necessary for consistency with the existing text).

Example:

8. For the purposes of Part 6, … .

DIVISIONS AND SUBDIVISIONS

Parts may be separated into divisions and subdivisions. Though used rarely, they can help organize a regulation with a very complex structure, such as the Income Tax Regulations and the Export and Import of Hazardous Wastes Regulations. Divisions are designated using Arabic numerals and are to be written using large and small capitals (e.g., Division 1), while subdivisions are identified by lower-case italic letters with the first letter capitalized (e.g., Subdivision a).

SECTIONS AND SUBSECTIONS

Sections are the building blocks of regulations. Each section should express a complete idea.

Sections are numbered using Arabic numerals followed by a period except if the section number includes a decimal. They may be divided into subsections, which are also numbered using Arabic numerals, but in parentheses.

Example:

5. (1) A charge of $88 is payable … .

(2) In addition to the charge, … .

Sections and subsections should be short and normally consist of a single sentence. However, they may contain more than one sentence if

(a)the additional sentence is subordinate to the first or deals with the same idea;

(b)making a separate subsection of the additional sentence would put undue emphasis on it; and

(c)the section or subsection does not become too long.

Sections and subsections may in turn be divided into paragraphs, subparagraphs, clauses and subclauses.

PARAGRAPHS AND SUBPARAGRAPHS

Paragraphs are indicated by lower-case italic letters within parentheses: (a), (b), (c), (z.1), etc. In contrast, the French version has only closing parentheses: a), b), c), z.1), etc.

Subparagraphs are indicated by lower-case Roman numerals within parentheses: (i), (ii), (iii), etc.

Paragraphs and subparagraphs do not form complete sentences in themselves. They are only part of the sentence that begins at the section or subsection in which they are placed, and add to that sentence.

Example:

  602. When there is a two-way radiocommunication failure between the controlling air traffic control unit and a VFR aircraft while operating in Class B, Class C or Class D airspace, the pilot-in-command must

• (a) leave the airspace
  • (i) when the airspace is a control zone, by landing at the aerodrome for which the control zone is established, and
  • (ii) in any other case, by the shortest route;
• (b) when the aircraft is equipped with a transponder, set the transponder to code 7600; and
• (c) inform an air traffic control unit as soon as possible of the actions taken under paragraph (a).

"Sandwich clauses", i.e. the continuation of the introductory wording of the subsection after the paragraphs are enumerated, should be avoided because the unsophisticated reader may see the "clause" as a continuation of the paragraph that precedes it. Also, the French version of the text does not use sandwich clauses.

CLAUSES AND SUBCLAUSES

Subparagraphs are occasionally further divided into clauses and subclauses. These are used infrequently. Before using them, consideration should be given, in the interests of readability, to dividing the section into more sections or subsections instead.

Clauses are indicated by upper-case letters within parentheses: (A), (B), (C), etc. Subclauses are indicated by upper-case Roman numerals within parentheses: (I), (II), (III), etc. Like paragraphs and subparagraphs, clauses and subclauses are not complete sentences in themselves.

HEADINGS

Headings help the reader navigate through the various topics dealt with in a regulation. Only those provisions that relate to a heading should be placed under it.

Headings, unlike marginal notes, are considered part of the regulations and may be used in interpreting them.^[1]

If a regulation is not divided into parts, the primary headings are in large capitals and the secondary headings are in large and small capitals. Third-level headings are in upper- and lower-case italics. If a fourth-level heading is required, it is in upper- and lower-case ordinary type, and if a fifth level is required, it is also in upper- and lower-case ordinary, but is placed flush left. (It is not necessary to amend headings in existing regulations that do not conform with these rules; the headings are changed automatically when the electronic version of the regulations is converted into EPIC for the purposes of creating consolidations to be used in Cyberlex and the Justice Internet site.)

Example:

OIL AND GAS

Procedures for Applying For and Issuing Licences and Orders

Application

Procedures

Exemption

Marginal 10. (1)

note

If a regulation is divided into parts, the primary heading is in full capitals, or upper case, and the secondary heading is in large and small capitals. A third-level heading is in upper- and lower-case italics. If a fourth level is required, it is in upper- and lower-case ordinary type, and if a fifth level is required, it is also in upper- and lower-case ordinary, but is placed flush left.

Example 1: Regulation divided into parts

PART 1

OIL AND GAS

Gas Other than Propane, Butanes and Ethane

Procedures for Applying For and Issuing Licences and Orders

Application

Procedures

Marginal 10. (1)

note

Example 2: Regulation divided into parts, divisions and subdivisions

PART 1

OIL AND GAS

Division 1

Gas Other than Propane, Butanes and Ethane

Subdivision a

Application

Procedure

Exemption

Marginal 10. (1)

note

NOMENCLATURE

Part 4 – Table of contents

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Footnote

• ^[1] See section 14 of the Interpretation Act.