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Paraphrase each of these steps in dissecting a statute (each paragraph) RIGHTS AND FREEDOMS / nly 222 METHODS OF Regal Inquiry Dissecting a Statute: The

Paraphrase each of these steps in dissecting a statute (each paragraph)

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RIGHTS AND FREEDOMS / nly 222 METHODS OF Regal Inquiry Dissecting a Statute: The Ontarians with Disabilities Act, 2001 once a bill is given Royal Assent by the governor general (for federal bills) or the neutenant governor (for provincial bills), it becomes enacted and is referred to ass statute or act. A statute such as the Ontarians with Disabilities Act, 2001 ("the Act smade up of a number of parts, some of which are official and a part of all statutes Read the Ontarians with and some of which are unofficial. Each part is described briefly below. Disabilities Act at www.emp.ca/ dimensionsoflaw Chapter Number A statute is commonly identified and located by its chapter number. Federal and provincial statutes are given consecutive chapter numbers in the year in which they are enacted. Every 10 to 20 years in most jurisdictions, statutes are consolidated into one publication (called the Revised or Consolidated Statutes), organized alphabeti- cally, and assigned a new chapter number. The Act was passed in 2001 and assigned chapter number 32. Statutes are described as chapters because, historically, all acts of a session of Parliament were considered to be one statute, and chapters were used to distinguish one particular act from another. Today, not only is an act a separate chapter, it is also a separate statute. Long Title The long title of a statute usually appears after the chapter number. Because these titles were often too long for purposes of citation, a shorter form was introduced in the 19th century. The long title may be used as an aid to understanding or inter- preting a statute where a provision is ambiguous. The long title of the Act is: An Act to improve the identification, removal and prevention of barriers faced by persons with disabilities and to make related amendments to other Acts. Date of Royal Assent The date of Royal Assent is usually stated after the long title of the statute. The date is important because, unless the statute states otherwise, this is the date on which the statute "comes into force" or becomes effective as a statute. A statute may also come into force on a particular date or on a date to be named by proclamation. Section 33(1) of the Act provides that the Act "comes into force on a day to be named by procla- mation of the Lieutenant Governor." The Act received Royal Assent on December 14, 2001, but the government has still not proclaimed into force all of the Act. Words of Enactment Words of enactment usually appear after the date of Royal Assent and serve to indi- cate that Parliament is exercising its royal authority.Chapter 7 / MAJORITY AND MINORITY RIGHTS Short Title Both federal and provincial statutes have sections that confer a short title on the statute. Section 34 enacts the short title of the Act as the Ontarians with Disabilities Act, 2001. Definitions Most statutes contain a definition section at the beginning of the act. Definitions are important, especially where "everyday" words have a different or specific legal meaning in a statute. Section 2(1) of the Act defines such key words as "barrier" and "disability." "Barrier," for example, is defined to include physical and architectural barriers as well as attitudinal and policy barriers. Parts, Sections, Subsections, and Paragraphs Every statute is divided into principal units called sections, which are numbered con- secutively. Sections may be further divided into subsections, paragraphs, and subpara- graphs. (The federal Income Tax Act goes beyond subparagraphs to clauses, subclauses, and even sub-subclauses.) Canadian statutes usually indicate subsections by numbers in parentheses, paragraphs by lowercase letters in parentheses, and subparagraphs by roman numerals in parentheses. For example, the requirement of the Act that munic- ipalities consult with persons with disabilities in preparing an accessibility plan as found in s. 11, subsection (1), paragraph (6), subparagraph (ii). A statute may also have larger divisions than sections, called parts. The Act is divided into five parts: three parts deal with the duties of the government of Ontario, municipalities, and "other organizations, agencies and persons," and the other two parts deal with interpretation and general matters. Marginal Notes Marginal notes appear alongside the sections of a statute and are designed to pro- vide a summary of each section. Marginal notes are not formal parts of an act and, therefore, may not be used to assist in interpreting it. While these notes are meant to be useful, they can also be misleading. For example, the summary may be inac- curate, or it may summarize only a part of the section, or it may fail to reflect the fact that the section has been changed. Amendments Statutes may be amended by subsequent statutes, which follow the same pattern as the main statute. The Act was amended in 2002 by the Municipal Statute Law Amend- ment Act, 2002, c. 17, Schedule c, s. 18. The amended provisions of the principal statute are noted at the end of the section or subsection that has been amended. Applying the Skill Dissect a statute from this chapter. Go to www.emp.ca/dimensionsoflaw to locate the respective sites for searching federal and Ontario statutes

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