Along with statutes, regulations are considered primary sources of law. Referred to as delegated or subordinate legislation, regulations have the same binding legal effect as statutes. However, unlike statutes, regulations are not made by Parliament. Regulations are made by persons or bodies to whom Parliament has delegated the authority to make regulations. For example, the Governor in Council (Cabinet), a government Minister or an administrative agency may have this delegated power. The authority to make regulations must be expressly stated in a statute, called an enabling act. While an enabling act tends to state general principles and rules, the regulations made under the act " flesh out" the details necessary for the act's administration. A new or amending regulation comes into force on the date that it is registered with the Clerk of the Privy Council, unless a different date is stated in the regulation. The publication of federal regulations is governed by the Statutory Instruments Act, RSC 1985, c S-22.
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Start your research by searching the Consolidated Index of Statutory Instruments [LAW LIBRARY level 3: KE125 .C363 (LC)]. The Consolidated Index of Statutory Instruments contains two tables. Table I lists regulations alphabetically. Look up the title of the regulation to find the short title of the enabling act. Once you know the title of the act, use Table II listing federal statutes alphabetically by title. Beneath the title of each act is a list of regulations made under it, and any amendments or repeals to those regulations. References to regulations in the Consolidated Index will lead you to either a chapter number in the Consolidated Regulations of Canada (C.R.C) [LAW LIBRARY level 3: KE119 1978 (LC)], or a year and regulation number in the Canada Gazette Part II - sometimes called "Canada Regulations" [LAW LIBRARY level 3: KE119 (LC)].
The full citation of a Canadian federal regulation consists of: The title of the regulation. The appropriate designation SOR or SI The combined year and regulation number. For years between 1958 and 1999 use two digits, e.g. 76-142. From 2000 onwards, use four digits for the year, e.g. 2001-16. As needed, reference to a specific section(s). Examples: Competition Tribunal Rules, SOR/94-290. Secure Electronic Signature Regulations, SOR/2005-30. Federal regulations published in the Consolidated Regulations of Canada, published in 1978, are cited by title, CRC, and chapter number. Example: Quarantine Regulations, CRC, c 1368.
Free web access is available at: http://laws.justice.gc.ca/en. There are several access points: you can do a search directly from this page; find the relevant statute and there will be a link to any regulations under that statute; browse regulations alphabetically by title; or, use the Consolidated Index of Statutory Instruments. Always check the currency date of a regulation when using this site. Canada Statute Service
