Kara Sears
In Canada, there are various guides and standards for citing legal materials. The Canadian Uniform Legal Citation, commonly known as the McGill Guide, establishes the legal citation standard in Canada. It covers citing case law, bills, by-laws, statutes, regulations, legal monographs, articles from Canadian law journals, government documents, common international law sources, and legal abbreviations. The McGill Guide is a nationally accepted reference system that has been adopted by several Canadian courts and legal publications. Other guides include the Canadian Legal Citation Guide by Seneca Libraries and the APA 7th edition, which provides instructions on how to cite Canadian government documents.
| Characteristics | Values |
|---|---|
| Name of the citation guide | Canadian Guide to Uniform Legal Citation, 10th edition (aka the McGill Guide) |
| Purpose | To standardize Canadian legal citation and provide a nationally acceptable reference system |
| What it covers | Case law, bills, by-laws, statutes, regulations, legal monographs, articles from Canadian law journals, government documents, common international law sources, and legal abbreviations |
| In-text citation format | Most in-text citations consist of the title and the year. If the title is long, shorten it but give enough information to enable readers to locate the entry in the reference list. |
| Citing statutes | Title, volume, year, jurisdiction, chapter, other indexing elements, session or supplement, pinpoint |
| Citing federal regulations | Title of the enabling act, jurisdiction, year, number (regulation number) |
| Citing federal statutes passed after 1985 | SC for Statutes of Canada, followed by the year and chapter number (no initial letter) |
| Citing federal regulations after 1978 | Year and number |
| Citing provincial regulations | Year, number, and jurisdiction |
| Citing bills | Bill number, title of the bill, session of Parliament, number of Parliament, and year |
| Citing government documents | Author/agency name, year, title, report number, retrieved from the agency name website URL |
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What You'll Learn
Citing Canadian government documents in APA style
Citing the Author
According to the APA, if a person is named on the title page, use them as the author. If no person is named, use the government agency, department, or branch as a group author. Give the name of the group author exactly as it appears on the title page. If the branch or agency is not well-known, include its higher department first. If the group author is also the publisher, simply use the word "Author" after the location.
Government groups as authors are usually spelled out each time they appear in a text citation. If the name is long, it can be spelled out in full the first time and abbreviated thereafter, as long as the abbreviation is familiar or easy to understand. You may put the abbreviation in square brackets following the full name in the first citation.
Structure for Citing Government Documents
The basic structure for citing a government document in APA style is as follows:
Author or group author. (Year). Title (Report number, if available). Publisher or "Author" if the author and publisher are the same. URL (for online sources)
For example:
> British Columbia Ministry of Aboriginal Relations and Reconciliation. (2010). New relationships with Aboriginal people and communities in B.C.: Measuring outcomes, 2008-2009. Retrieved from the Ministry of Aboriginal Relations and Reconciliation website: http://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nat
Citing Legal Documents
For legal sources, the APA recommends using the Bluebook Legal Citation style. When citing cases or court decisions, it is suggested to include the URL from which the case information was retrieved, although this is not strictly required. For legislation, you may include the URL of the statute after the year, but this is also not mandatory.
Citing Bills and Regulations
When citing bills, include the bill number, title of the bill, session of Parliament, number of Parliament, and year. For example:
> Bill C-27, An Act to Amend the Canadian Human Rights Act, 2nd Session, 39th Parliament, 2007.
When citing provincial bills, include the jurisdiction. For example:
> Bill 16, Police Amendment Act, 1997, 2nd Session, 36th Parliament, British Columbia, 1997.
A citation of a federal regulation typically consists of the title of the enabling act, jurisdiction, year, and regulation number. For example:
> SOR/96-195 (SOR stands for Statutory Orders and Regulations, 96 is the year, and 195 is the regulation number).
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Citing Canadian statutes
The following instructions provide a comprehensive guide to citing Canadian statutes, offering a clear and consistent approach to referencing this specific type of legal source.
When citing Canadian statutes, it is essential to follow a standardised format to ensure consistency and accuracy. Here is a step-by-step guide to help you construct your citations effectively:
Step 1: Identify the Type of Statute
Firstly, determine the type of statute you are dealing with. Canadian statutes can be federal or provincial, and the citation format may vary slightly between the two.
Step 2: Determine the Publication Date
The citation format for Canadian statutes changed over time. The Statutes of Canada were last revised in 1985. Any acts or statutes in effect before 1985 are cited as RSC 1985 (Revised Statutes of Canada 1985). For federal statutes passed after 1985, use SC (Statutes of Canada), with chapter numbers indicated by numbers only.
For statutes specific to British Columbia, if the statute was passed before 1996, cite it as RSBC 1996 (Revised Statutes of British Columbia 1996). For more recent statutes, use SBC (Statutes of British Columbia) with the year.
Step 3: Basic Structure for Federal Legislation
For federal legislation, the basic structure for citations is as follows:
Short Title, Statute Volume Jurisdiction Year, Chapter Number, Section Number (Subsection if needed).
For example: Canada Transportation Act, SC 1996, c 10, s 102.
If you are referring to a specific section or part of a statute, be sure to include this information in your citation to direct the reader to the relevant portion.
Step 4: Basic Structure for Provincial Legislation
For provincial legislation, the structure is similar, as demonstrated below:
Short Title, Statute Volume Jurisdiction Year, Chapter Number, Section Number (Subsection if needed).
An example of this would be: Land Title Act, RSBC 1996, c 250, s 20.
Step 5: Online and Print Versions
Whenever possible, cite the official printed version of the statute. However, if you are citing an electronic database, indicate this by adding the database name in brackets at the end of the citation, such as CanLII or QL.
Step 6: Additional Resources
To further enhance your understanding of citing Canadian statutes, you can refer to the following resources:
- The Canadian Guide to Uniform Legal Citation (also known as the McGill Guide) aims to standardise Canadian legal citation.
- The Bluebook: A uniform system of citation, which includes Canadian citation examples.
- The APA Style guide offers insights into citing Canadian government sources, though it primarily focuses on American government sources.
By following these steps and utilising the provided resources, you should be well-equipped to accurately cite Canadian statutes in your work, ensuring clarity and consistency in your legal references.
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Citing case law
The Canadian Uniform Legal Citation, commonly known as the McGill Guide, is the standard guide for citing case law in Canada. It is an essential tool for anyone citing Canadian legislation, case law, and legal commentary.
When citing case law in Canada, there are several key elements to include in your in-text citation. Firstly, always use the neutral citation when available. The neutral citation is the official case citation issued by the court and allows for the identification of a case independently of a printed reporter. A neutral citation includes the case name (also known as the style of cause) in italics, followed by a comma, and "v" to separate names (indicating that the language of the case is English) in italics. Here is an example of a neutral citation:
> Case Name, Year Court Identifier Case Number
For example, in the case of "Rutledge v. Jimmie, 2014 BCSC 41," "Rutledge v. Jimmie" is the case name, "2014" is the year of the decision, "BCSC" is the court identifier, and "41" is the case number.
If you are using the APA style, the in-text citation would be structured as follows:
> (Case Name, Year, Page or Paragraph number if required)
For example:
> (Rutledge v. Jimmie, 2014, p. 1)
Note that the APA Publication Manual 7th edition specifies that the case name or style of cause should be in italics for in-text citations.
When citing an electronic version of a decision, such as through Quicklaw or another database, you may need to include the name of the database or online source, as well as the URL from which you retrieved the case information. This is not strictly required but may aid readers in retrieving the source.
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Citing regulations
The McGill Guide, also known as the Canadian Uniform Legal Citation, is the go-to resource for legal citation standards in Canada. It covers various types of legal sources, including regulations. Here's a detailed guide on citing regulations in the Canadian legal context:
When citing regulations, it's important to follow the established conventions outlined in the McGill Guide. Here are the key elements to include:
- Title of the Regulation: It is recommended to include the full title of the regulation. This provides clarity and helps identify the specific regulation being referenced. However, for Consolidated Regulations of Canada, citing the title becomes mandatory.
- Jurisdiction: Indicate the jurisdiction under which the regulation was enacted, such as federal or provincial. This is an essential piece of information as regulations are passed under the authority of statutes at either the federal or provincial level.
- Year: Include the year the regulation was filed. This is crucial for understanding the context and any potential updates to the regulation. Until 1999, only the last two digits of the year were used, but after 1999, all four digits are included.
- Number: Provide the regulation number. This number signifies the order in which the regulation was filed within a given year. For federal regulations, use the abbreviation "SOR" (Statutory Orders and Regulations) before the year and number. For Ontario regulations, use "O Reg" followed by the number and the last two digits of the year.
- Volume and Pinpoint References: If relevant, include volume information, especially for consolidated regulations. Additionally, pinpoint references are used to cite specific section numbers within a regulation. For example, "RRO 1990, Reg 737, s 8(1)" refers to section 8(1) of Regulation 737 in the Revised Regulations of Ontario, 1990.
- Publication Information: Regulations made under the authority of a federal statute are typically published in the Canada Gazette, Part II. This information adds credibility and helps readers locate the source.
Examples:
- Government Annuities Regulations, CRC, c 879 (1978): This example indicates that the regulation can be found in chapter 879 of the Consolidated Regulations of Canada, published in 1978.
- O Reg 45/91: This is an Ontario regulation, denoting the 45th regulation filed in 1991.
- SOR/91-499: This federal regulation was the 499th filed in 1991.
Additional Resources:
For further clarification and detailed instructions, refer to the latest edition of the McGill Guide. The 9th and 10th editions provide comprehensive explanations and examples for citing regulations. Additionally, the Canadian Legal Citation Guide by Seneca Libraries and the APA style guides mentioned in the search results can offer additional insights into citing Canadian government documents and legal sources.
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Citing bills
McGill Guide
The McGill Guide is the authoritative tool for citing Canadian legislation and establishes the legal citation standard in Canada. When citing a bill using this guide, the following format is generally recommended:
- Number of the bill (preceded by "C" for House of Commons bills or "S" for Senate bills)
- Title of the bill
- Session
- Parliament
- Year
For example:
> Bill C-257, An Act to amend the Canadian Human Rights Act (protecting against discrimination based on political belief), 44th Parl, 1st Sess, 2021, (introduced and first reading on March 3, 2022).
APA Style
The APA style is another commonly used citation format. When citing a bill using APA, the general format is as follows:
- Title (in italics)
- Year
- Session of Parliament
- Number of Parliament
- URL (optional)
For example:
> *Police (Police Complaint Commissioner) Amendment Act*, 2009, 2nd Sess, 38th Leg.
It is important to note that the APA Publication Manual 7th edition only provides examples based on United States legislative bodies, so adaptations may be necessary for a Canadian context. Additionally, while the APA style guide does not require the use of italics for bill titles, some instructors may prefer following the McGill Guide's convention of italicizing titles in in-text citations.
Other Considerations
When citing bills, it is essential to be consistent and provide enough information for readers to locate the reference. This includes using the long form of the title, even if a short title is provided, and including any relevant additional information, such as the specific provision or clause being referenced.
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