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Wednesday, December 12th, 2012 technology  research  practice

A Research Tip

  • Research

I was looking at the Interest Act (Canada) recently which reminded me to remind Tips readers to look carefully and closely at coming in to force information when researching legislation.

The Act at section 4 reads:

Marginal note: When per annum rate not stipulated

4. Except as to mortgages on real property or hypothecs on immovables, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or at any rate or percentage for any period less than a year, no interest exceeding the rate or percentage of five per cent per annum shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent.

R.S., 1985, c. I-15, s. 4; 2001, c. 4, s. 91.

The research trail at the bottom of a section will tell you amendments to that section that are in force for federal legislation. The Department of Justice Laws site gives a handy list of pending amendments when you look at the table of contents for an act:

The Amendments not in force particulars for this act have a couple of references to section 4. This means that there are acts that have been assented to and are only awaiting proclamation to be brought into effect. They many never be proclaimed and eventually be repealed under the Statutes Repeal Act. Read very carefully and look at the Table of Public Statutes for the key to coming into force dates.

The Table of Public Statutes for the Interest Act shows:

The Orders in Council Database at the Privy Council Office website provides a search engine for identifying proclamations by act name.

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