The Sources of Canadian Law - Legislation

Accounting Law

The Sources of Canadian Law- Legislation (most important source of law) is a law in code form enacted by government bodies that have been given law making power. 3 types of legislation are: Statutes, Regulations and Bylaw. Statutes (aka an Act) are codes of law on specific subject matters that have been enacted by federal Parliament or a provincial Legislature/ Legislative assembly with Legislative power given to it by the Canadian Constitution. A Canadian Constitution consists of the written and unwritten rules that establish the structure and government, the distribution and exercise and gov. Power and the fundamental rights and freedom of citizens. The 2 major written components are the Constitution Act of 1867 (British North American Act) and the Charter of Rights and Freedom. The Constitution Act created a federal system, the legislative body is known as Parliament . Federal Parliament is comprised of 2 parts: the house of Commons(members are elected) and the Senate( members are appointed by the PM). Legislative body within each province is known as a Legislature or Legislative assembly( whose members are elected). There are no Senate at the provincial level of government. The C.A. also divided law making power between federal Parliament and provincial Legislatures. Section 92&93 specify 17 subject areas in which P.L. have exclusive power to make laws. Section 91 of the C.A. specifies 29 areas in which F.P has power to make laws. Proposed Statutes (aka Bills) must be debated studied and voted on in F.P. or P.L before becoming law. Regulations are laws created by government ministers or the Cabinet using law making power given to them by F.P or P.L in their Statutes. C.A. only gave authority to F.L and P.L, But sometime they don’t have the time to create statutes that contain all the detailed legal Rules. So they set only general rules on their Statutes. The C.A gave P.L the power to create municipal governments.