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FOOTNOTES
The following are footnoted:
-
(a) the title of a statute or of a regulation (order, rule, etc.) when cited in prepublication notices, orders in council or other executive orders or in the amending clauses of a regulation. The footnote includes a reference to every amendment to the title.
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(b) a provision of an Act or regulation referred to in a prepublication notice, order in council or executive order if that provision has been amended.[1] The footnote sets out the latest amendment to the provision.
As a rule, references to statutes are indicated using the 1985 Revision alphanumeric designation or the year and chapter number (e.g., R.S., c. F-11; S.C. 1998, c. 1; see CITATION OF STATUTES), while references to registered regulations or statutory instruments are indicated using their registration number or the chapter of the 1978 Consolidation (e.g., SOR/97-434; SI/98-14; C.R.C., c. 1246).
PREPUBLICATION NOTICES AND ORDERS IN COUNCIL OR OTHER EXECUTIVE ORDERS
In prepublication notices and orders in council or other executive orders, including "whereas"
clauses, the footnote indicator is a lower-case letter in superscript placed at
the end of the cited material, before the punctuation.
Example 1: Prepublication notice
Notice is hereby given, pursuant to subsection 34(3) of the Canadian Transportation Accident Investigation and Safety Board Acta, that the Canadian Transportation Accident Investigation and Safety Board, pursuant to sections 31 and 34b of that Act, proposes to make the annexed Canadian Transportation Accident Investigation and Safety Board Regulations.
Interested persons may make representations with respect to the proposed Regulations within 90 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Chairman, Canadian Transportation Accident Investigation and Safety Board, P.O. Box 9120, Alta Vista Terminal, Ottawa, Ontario K1G 3T8.
- a S.C. 1989, c. 3
- b S.C. 1998, c. 20, s. 21
Example 2: Order in council
Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 125 to 125.2a, 126b and 157c of the Canada Labour Code d, hereby makes the annexed Regulations Amending the Canada Occupational Safety and Health Regulations.
- a S.C. 2000, c. 20, ss. 5 to 7
- b S.C. 2000, c. 20, s. 8
- c S.C. 2000, c. 20, s. 20(1)
- d R.S., c. L-2
Example 3: Executive order with "whereas"
clauses
Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers
of Canada ("CFC"
) pursuant to subsection 16(1)b of the Farm Products
Agencies Actc;
Whereas CFC has been empowered to implement a marketing plan pursuant to that Proclamation;
Whereas the process set out in the Operating Agreement, referred to in subsection 7(1)d of the schedule to that Proclamation, for making changes to quota allocation has been followed;
Whereas the proposed Regulations Amending the Canadian Chicken Marketing Quota Regulations are regulations of a class to which paragraph 7(1)(d)e of that Act applies by reason of section 2 of the Agencies' Orders and Regulations Approval Orderf, and have been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act;
And whereas, pursuant to paragraph 7(1)(d)e of that Act, the National Farm Products Council has approved the proposed Regulations after being satisfied that they are necessary for the implementation of the marketing plan that CFC is authorized to implement;
Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and subsection 6(1)d of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes the annexed Regulations Amending the Canadian Chicken Marketing Quota Regulations.
- a SOR/79-158; SOR/98-244
- b S.C. 1993, c. 3, par. 13(b)
- c S.C. 1993, c. 3, s. 2
- d SOR/2002-1
- e S.C. 1993, c. 3, s. 7(2)
- f C.R.C., c. 648
AMENDING CLAUSES
In amending regulations, the first time that the regulations being amended are referred to in the amending clauses, they should be footnoted. The footnote indicator is an Arabic numeral in superscript placed at the end of the cited material, before the punctuation. It should set out the regulations original SOR or SI number or, if the regulations are included in the most recent consolidation, their C.R.C. number.
Examples:
1. Paragraphs 3(1)(a) to (k) of the Canadian Egg Marketing Levies Order1 are replaced by the following: …
1 SOR/2003-75
1. Paragraph B.02.130(b) of the Food and Drug Regulations1 is amended by adding the following after subparagraph (vi): …
1 C.R.C., c. 870
1. The Animals of the Family Bovidae and Their Products Importation Prohibition Regulations No.21 are repealed.
1 SOR/2004-90
If the title of the regulations has been amended since the making or the consolidation of the regulations, a reference to the SOR number of the enactment that amended the title is added.
Example:
1. The Import Control List1 is amended by adding the following in numerical order: . . .
1 C.R.C., c. 604; SOR/89-251
In those rare situations in which the regulations are not registered or published in the Canada Gazette, Part II, the footnote indicates the P.C. number and the date on which the regulations were made or approved, if they were made or approved by the Governor in Council, or the date of the making of the regulations in any other case.
Example:
1. Section 17 of the Canadian Forces Tactical Operations Regulations1 is replaced by the following: …
1 P.C. 1997-214, January 15, 1997
If a new regulation or an amending regulation contains a consequential amendment or a repeal provision, the regulation referred to in the consequential amendment or in the repeal provision should be footnoted.
Examples:
40. Paragraph 2(2)(b) of the Export of Substances Under the Rotterdam Convention Regulations1is replaced by the following: …
41. The Export and Import of Hazardous Wastes Regulations2 are repealed.
- 1 SOR/2002-317
- 2 SOR/92-637
Footnote
[1] Drafting Advisory No. 2002-1
