How the Law Works in Canada

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In Canada, our law comes primarily from two sources: legislative bodies and the courts.

What are Laws and Legislative Bodies?[edit]

Often when someone talks about a law, they are referring to legislation, which are laws passed by governmental legislative bodies, such as the Legislative Assembly of BC. Generally, you’ll want to find the most up to date, current versions of laws to help with your case. You can find links to current legislation on the Clicklaw page Laws, Cases & Rules.

Legislative bodies include the federal parliament, provincial legislatures such as the Legislative Assembly of BC, and municipal councils such as the city of Vancouver, or the village of Oliver. These legislative bodies pass laws, which are also referred to as legislation. Legislation includes laws that are referred to as acts or statutes, as well as regulations. Regulations outline the rules that go with specific acts. For example, the Compassionate Care Leave Regulation is one of the rules under the Employment Standards Act.

There are federal laws, which are Canada-wide, and provincial laws, which only apply in that province. The federal government controls laws such as criminal law, banking and defence. The provincial governments control laws such as education and health. Sometimes provincial laws and federal laws overlap. For example, there are both provincial and federal laws related to family matters.

Municipalities are given power by provincial legislatures to pass bylaws about local matters such as zoning, parking and noise. Again, sometimes laws may overlap. For example, if you want to find out what the law says about prostitution in Vancouver, you need to check both the federal criminal code and the municipal anti-soliciting bylaw.

First Nations with treaties, such as Tsawwaassen and Nisga’a are self governing and have their own constitution and laws. Indian bands which are still governed by the federal Indian Act can pass bylaws for their band.



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