Introduction
1. This guide is intended to assist the preparation of uniform Acts and regulations. It supplements the ULCC Drafting Conventions by addressing drafting matters that are subject to varying practices among the different jurisdictions in Canada. It recognizes that the uniform Acts and regulations invariably need to be adapted to the legal context of each jurisdiction.
References to units of text
2. When a section or subsection is paragraphed by dividing it into parallel grammatical units, the terminology and numbering for the units is:
(a) First level: paragraph – lower case Roman letter;
(b) Second level: subparagraph – lower case Roman numeral;
(c) Third level: clause – upper case Roman letter;
(d) Fourth level: subclause – upper case Roman numeral.
3. Items in lists should be numbered as are other units of text.
4. Whole numbers are to be used (not decimal numbers).
5. Cross-references are to be made in a consolidated form with the numbers for each unit separated by parentheses and prefaced by the name of the lowest unit of text being referred to, for example: subclause 2(1)(a)(ii)(A)(IV).
Definitions
In a section defining multiple terms, the definitions are to be preceded by The following definitions apply in this [Act / part / section]. and each definition is to be a separate sentence.
Navigation Aids
7. Headings may be included to group related sections.
8. Notes (historically called marginal notes) are to be included for each section, but not for each subsection.
9. For models of more than two pages, tables of contents are to be included, based on the headings and section notes.
Commentaries and References
10. Commentaries should be included to succinctly explain the provisions, including any adaptations or other matters to be considered when drafting implementing legislation.
11. When a model refers to other legislation, it should be described in general terms enclosed in square brackets – […].
Bijural Drafting
12. When common law and civil law versions are prepared, they should include cross-references to the equivalent provisions in the other version.
