Legal Research

Proclamation by Media Release

By Ted Tjaden

Law librarians dutifully tell their students that s. 11(3)(c) of the Statutory Instruments Regulation, C.R.C. 1978, c. 1509 requires that proclamations must be published in the Canada Gazette, Part II. We also them show them various alternative ways to find coming into force information, including, among other things, the Orders-in-Council website.

This week, however, I experienced “proclamation by media release” regarding the coming into force of the Wage Earner Protection Act and subsequent amendments to the Bankruptcy and Insolvency Act and the Companies Creditors Arrangement Act. This Act was “proclaimed in force” by the Minister in a July 7, 2008, news release here. However, try as I might, I was unable until this morning to officially confirm that information. I had heard there was “off the record” confirmation by various government bureaucrats over the last two days that the Act was proclaimed in force but there was no official word that I could source until the orders-in-council were published here this morning (with publication in the Canada Gazette presumably to follow).

Is it too much to ask the government to have the official proclamation (with the details needed by lawyers that is often in the formal proclamation) available on the day of their media launch? It was awkward to be left scrambling for two days not knowing the details. I take it the Governor General was perhaps on holidays and not available to sign the orders . . . .? Or perhaps the government couldn’t wait for a “good news” announcement . . . .?

Full post as published by Slaw.ca on July 09, 2008 (boomark / email).