Does “where required by law” or “as required by law” include common law in Canada?

Question from Tony, Does “where required by law” or “as required by law” include common law in Canada?

Answer from AI:

In Canada, when a statement refers to a requirement “by law,” it generally encompasses all forms of law applicable within the jurisdiction, including statutory law, regulatory law, and common law.

Understanding Different Types of Law

In Canada, there are three main types of law:

1. Statutory Law: These are laws passed by legislative bodies, such as the Parliament of Canada or provincial legislatures.
2. Regulatory Law: These are rules created by bodies that have been given power by the legislature, such as government departments or agencies.
3. Common Law: This is law that is developed by judges through decisions of courts and similar tribunals.

When a requirement is stated as being “by law” or “as required by law,” it generally includes all these types of law unless specified otherwise.

Common Law in Canada

Common law is a significant part of the Canadian legal system, except in Quebec, which follows a civil law system. Common law is created through court decisions, which set precedents for future cases. These precedents are binding on lower courts and are used as a guide by all courts.

Consulting a Legal Professional

While this information provides a general understanding, the interpretation of “by law” or “as required by law” can vary depending on the context. It’s important to consult with a legal professional for personalized advice. They can help you understand how the law applies to your specific situation and guide you through any necessary legal processes.

For more information on the Canadian legal system, you can visit the Department of Justice website. For legal advice, consider reaching out to a legal professional or a Law Society referral service.

Remember, while this information aims to provide a general understanding, it should not be used as legal advice. Always consult with a legal professional for advice tailored to your situation.