Kara Sears
In Canada, laws created by governments are called legislation or statute law. Statute law is one of the two main types of primary law in Canada, the other being case law, which is based on precedent, or previous decisions made by other judges in similar cases. Statute law refers to laws written by legislative bodies such as Parliament, and are also known as Acts. They may create a new law or modify an existing one. In order to become law, a bill must be introduced in the legislature and go through a series of stages, including being passed in identical form by both chambers of the federal legislature, the House of Commons and the Senate, and receiving Royal Assent.
| Characteristics | Values |
|---|---|
| Definition | Laws created by governments, also called "legislation" |
| Other names | Acts or Statutes |
| Creation | Created by elected representatives in the federal Parliament or a provincial Legislative Assembly |
| Supplemented by | Regulations or other statutory instruments |
| Type of primary law | Binding in court |
| Interaction with common law | Codifies it without displacing it |
| Example | Ontario’s Employment Standards Act |
| Tracking tool | LegisINFO |
| Official source for court purposes | Department of Justice |
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What You'll Learn
Statute law vs common law
In Canada, laws created by governments are called "legislation" or "statute law". Statute law, also referred to as statutory law, is the body of law resulting from statutes passed by a legislature. Statutes are created by elected representatives in the federal Parliament or a provincial Legislative Assembly and are usually called "acts" or "statutes". Statutes are often supplemented by "regulations" or other "statutory instruments" which are typically approved by the relevant government Minister. All new laws or amendments to existing laws are brought forward as Bills which must be passed by both the House of Commons and the Senate, and receive Royal Assent, before becoming law.
Outside of Quebec, Canadian law originates from two sources: the common law and statute law. Common law is based on precedent, or previous decisions made by other judges in similar cases. Statute law refers to laws written by legislative bodies such as Parliament. The civil law system used in Quebec is primarily based on statute, with the Civil Code of Quebec serving as the foundation of all other laws governing the province.
Statutory law interacts with common law because it can codify it without displacing it. For example, the Criminal Code codifies criminal law by statute, but criminal law involves important common law concepts such as mens rea (the knowledge of wrongdoing or intent that forms criminal liability) and natural justice (fairness in a legal procedure). Common law, also referred to as "judge-made law", generates new common law on a "slow incremental basis". Judges are not bound by the decisions of other judges in their court, but rulings in common law are based on precedent, and judges must respect the precedent value of previous decisions.
Statute law always overrides common law. However, common law applies when no statute law covers a particular situation.
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How statute law is made
In Canada, the power to make laws on specific matters is divided between the federal government and the provincial governments. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. The Constitution defines and limits legislative authority, executive authority, judicial power, and the rights and freedoms of Canadian citizens.
The process of making statute laws in Canada involves the following steps:
- Proposal and Drafting: The process of creating a new law typically begins with the identification of a need or issue that requires legal regulation. This need can be identified by government officials, members of legislative bodies, or even citizens through petitions or advocacy. Once a need for legislation is recognized, the drafting process begins. The specific details of the proposed law are outlined, taking into account relevant considerations and ensuring compliance with existing laws, including the Constitution.
- Introduction as a Bill: All new laws or amendments to existing laws are introduced as Bills. These Bills are proposed pieces of legislation that must go through a rigorous process before becoming law.
- Debate and Amendment: Once a Bill is introduced, it is sent to a committee in the House of Commons, where a smaller group of members examines it in detail and makes changes. This committee stage involves debating the merits of the Bill, considering its potential impact, and proposing amendments to improve or clarify its provisions.
- Voting and Approval: After the committee stage, the revised Bill is voted on by the House of Commons. This is known as the third reading. If the House passes the Bill, it is then sent to the Senate, which is the upper and smaller branch of Parliament. The Senate discusses the Bill and usually approves it.
- Royal Assent: The final step in the process is obtaining Royal Assent. The Governor General, as the representative of the monarch (the Crown), signs the Bill to make it officially a law. An Act typically comes into force upon receiving Royal Assent, unless it specifies otherwise.
- Publication and Proclamation: After receiving Royal Assent, the Act is published in the Canada Gazette, specifically in Part II or Part III, depending on the type of legislation. The date of proclamation, or when the Act comes into force, is also noted in the Gazette.
- Consolidation and Amendments: Each province in Canada has its own consolidation of statute laws, which are periodically updated to include new Acts and amendments. These consolidated statutes contain the major topic areas and most of the statutes enacted by the respective provincial governments. Additionally, the federal government has the Consolidated Regulations of Canada, 1978 (C.R.C. 1978), which compiles federal regulations and is updated with new or amended regulations published in the Canada Gazette Part II.
- Miscellaneous Amendments: Canada also has a process called the Miscellaneous Statute Law Amendment Program, established in 1975. This program allows for minor, non-controversial amendments to be made to federal statutes without waiting for substantial amendments. It provides an accelerated enactment process, and anyone can suggest amendments, although most come from government departments or agencies.
- Interpretation and Precedent: Once a statute is passed, its interpretation is left to the courts. The decisions made by higher courts serve as precedents for future cases heard by lower courts. This principle, known as stare decisis, ensures consistency and predictability in the application of laws.
The process of making statute laws in Canada involves a collaborative effort between legislative bodies, committees, and the executive branch, with the ultimate goal of creating laws that align with the needs and values of Canadian society, as outlined in the Constitution.
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Statute law in Quebec
Statute law, also known as legislation, refers to laws written by legislative bodies such as Parliament. In Canada, laws created by governments are called "legislation" and are usually called "acts" or "statutes". Statute law interacts with common law, which is law based on precedent, or previous decisions made by other judges in similar cases. Common law can be codified by statute law without being displaced.
Quebec's legal system is unique in Canada. It is the only province in Canada with a juridical legal system where private law (including civil law) operates under French-heritage civil law, and public law (including criminal law) operates according to Canadian common law. Quebec's legal system was established when New France was founded in 1663. In 1664, Louis XIV decreed that French colonial law would be primarily based on the Custom of Paris, the variant of civil law in force in the Paris region. The civil law system used by Quebec is based on Roman law. While judges in civil law will refer to prior court decisions, they make rulings mainly based on the applicable code.
The legislative branch of government in Quebec is called the National Assembly, which is made up of members elected by Quebecers during provincial elections and the King, who is represented by the Lieutenant Governor. The members of the National Assembly present and vote on proposed laws, called "bills". When the Lieutenant Governor approves a bill, it becomes a law. Quebec laws must also respect Quebec's Charter of Human Rights and Freedoms, which applies only in Quebec.
The Court of Quebec is a court of statutory jurisdiction and is made up of three chambers: the Youth Division, the Criminal and Penal Division, and the Civil Division. The Civil Division includes the small claims division. The Superior Court of Quebec has the power to hear all civil claims under the Civil Code of Quebec, determine matters under family law, and hear class actions. It is also a court of criminal jurisdiction under the federal Criminal Code.
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Statute law and criminal law
Statute law, also known as legislation, is one of the two main types of primary law in Canada. It refers to laws written by legislative bodies such as Parliament. Statutes are often created by elected representatives in the federal Parliament or a provincial Legislative Assembly and are called "acts" or "statutes".
Statute law interacts with criminal law by codifying it into the Criminal Code, the main piece of legislation in Canada. Criminal law also involves important common law concepts, such as mens rea (the knowledge of wrongdoing or intent that forms criminal liability) and natural justice (fairness in a legal procedure).
For a bill to become a statute, it must be passed in identical form by both the House of Commons and the Senate (the two chambers of the federal legislature). The bill is introduced in the chamber, where members debate it and may refer it to a committee for further study. If the bill passes the Senate without amendment, it proceeds to the next step, Royal Assent. If the Senate makes amendments, they must be accepted or rejected by the House of Commons before the bill receives Royal Assent.
Royal Assent signifies the passage of a bill into law, but it does not necessarily mean that the law is in effect as of that date. A statute can come into force in three ways: on the date it receives Royal Assent; on a future date specified in the bill; or on a date determined by a proclamation or order.
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Statute law and Royal Assent
Statute law, also known as legislation, is a type of primary law in Canada. It refers to laws written by legislative bodies such as Parliament, or a Legislature. These laws are also known as Acts. Statutes are often supplemented by "regulations" or other "statutory instruments", which are typically approved by the relevant government minister.
In order to become law, a bill must be introduced in the legislature and go through a series of stages. A bill can be drafted by the government in power, by an individual member of the House of Commons, or by the Senate. The bill is introduced in the chamber, and members are given the opportunity to debate it. At this stage, the bill can be referred to a committee for further study and approval or modification. Once a bill has been adopted by the House, it is sent to the Senate, where it follows a similar legislative process. If the bill is passed in the Senate without amendment, it proceeds to the next step, which is Royal Assent.
Royal Assent signifies the passage of a bill into law. However, it does not mean that the law is in effect as of that date. A statute can come into force in three ways: on the date it receives Royal Assent, which is the default method; on a date set in the future, as specified in the bill; or on a date to be determined through a proclamation or order.
The Canada Gazette is the official newspaper of the Government of Canada, where new statutes and regulations are published.
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