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    How to understand statutes and regulations / Nancy McCormack.

    • Title:How to understand statutes and regulations / Nancy McCormack.
    •    
    • Author/Creator:McCormack, Nancy, author.
    • Published/Created:Toronto, Ontario : Thomson Reuters Canada, a division of Thomson Reuters Canada Limited, [2017]
    • Holdings

      • 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)
      • Call Number: KE482.S84 G53 2017
      • Number of Items:2
      • Status:Available
       
    • Library of Congress Subjects:Law--Canada--Interpretation and construction.
    • Edition:2nd ed.
    • Description:lxxvi, 421 pages ; 23 cm
    • 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.
    • Notes:Previous edition: How to understand statutes and by-laws, 1995.
      Includes bibliographical references and index.
    • ISBN:9780779880133 paperback
      0779880137 paperback
    • 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.
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