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How to understand statutes and regulations / Nancy McCormack.
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Title:How to understand statutes and regulations / Nancy McCormack.
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Author/Creator:McCormack, Nancy, author.
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Published/Created:Toronto, Ontario : Thomson Reuters Canada, a division of Thomson Reuters Canada Limited, [2017]
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Holdings
Holdings Record Display
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Location:
c.1
Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
c.2 Temporarily shelved at LAW LIBRARY reference room (level 2)
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Call Number: KE482.S84 G53 2017
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Number of Items:2
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Status:Available
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Location:
c.1
Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
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Library of Congress Subjects:Law--Canada--Interpretation and construction.
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Edition:2nd ed.
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Description:lxxvi, 421 pages ; 23 cm
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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.
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Notes:Previous edition: How to understand statutes and by-laws, 1995.
Includes bibliographical references and index.
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ISBN:9780779880133 paperback
0779880137 paperback
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Contents: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.