Legislative Acts and Ontario Genealogy

Over the past few years I've been looking at the acts that have been passed by the Government of Canada and also the Legislature of Ontario to help be better understand notations made on records, why some of the documents we use in our research are the way they are, and when the various laws came into effect or changed what we use.

For example, often folks state that the civil registration of birth, marriages, and deaths in Ontario didn't start until 1 Jul 1869. But where did that date come from? It came from "An Act to provide for the Registration of Births, Marriages and Deaths" found as Cap. XXX (AKA Chapter 30) "Passed in the Session Held in the Thirty-second Year of the Reign of Her Majesty Queen Victoria Being the Second Session of the First Parliament of Ontario".

Clipping of the act title for the Second Session of the First Parliament of Ontario (1868-1869), Chapter 30, "An Act to provide for the Registration of Births, Marriages and Deaths.

However, what many folks don't realize is that the civil registration of marriages actually started much earlier than that. Hopefully in a future blog post I will touch upon the requirement to register marriages in Canada West and Upper Canada before this act took effect such as "20 Vic Cap. LXVI - An Act to amend the Laws relating to the solemnization of Matrimony in Upper Canada" from 1857.

Why would we want to look at the acts. They are just boring and filled with "lawyer-talk".

Just a disclaimer, I am not a lawyer or a parliamentarian.

Let's dispel the notion that the acts are filled "lawyer-talk" at the start. 

I've read a number of the acts passed by the Parliament of Canada and Legislature of Ontario, and I've actually found them to be fairly readable.

They can be dry reading but the information contained within can help us understand why something might not be found on a form. Such as "In registering a birth of an illegitimate child, is shall not be lawful for the name of any person to be entered as the father, unless at the joint request of the mother and of the person acknowledging himself to be the father..."

Boring, yes. But readable.

Over time, we might even find the act being updated with additional clarifications that the lawmakers never dreamed of when the act was first passed.

So where can we find these acts?

For Ontario it all depend on the time period.

If we are looking for legislative acts passed prior to Confederation on 1 Jul 1867, then I will turn to
"British North American Legislative Database, 1758-1867" hosted by the University of New Brunswick. You can search on key words, filter by the province, and sort on the year the act was passed.

For example, maybe you are interested in reading about "An Act to provide more effectually for taking the Periodical Census of the Province. 30th August, 1851." found in 14 & 15 Victoria, Chapter 49:

Screen capture from the British North American Legislative Database, 1758-1867 showing the page for "An Act to provide more effectually for taking the Periodical Census of the Province. 30th August, 1851", 14 & 15 Victoria, chapter 49.

I can read the transcribed act and even download the images of the original act to my computer. 

For acts passed by the the Legislature of Ontario after Confederation, I will often turn to the Osgoode Hall Law School's Osgoode Digital Commons' Statutes collections. This is where I've found the annually published statutes and revised statutes as passed by the Ontario Legislature.

Screen capture of the Osgoode Digital Commons Ontario: Revised Statutes advanced search for "vital statistics" in the Title.

In the screen capture above, I've done an advanced search for "vital statistics" in the title of the Ontario Revised Statutes. It returned back 8 results. I can then download the specific act or acts to my computer as a PDF for reading for free.

What about the acts passed by Parliament in Ottawa?

Why would I want to look at those acts?

The biggest reason is that until 1930, divorces in Ontario could only be granted by an Act of Parliament. That changed with the passing of 20-21 George V, Chap. 14, "An Act to provide in the province of Ontario for the dissolution and annulment of Marriage", assented to on 30 May 1930.

We can search for these federal Acts of Divorces using the database on the Library and Archives Canada site: "Acts of Divorce, 1841-1968". Keep in mind that this is still hosted under the old LAC site so the URL will be changing sometime in the future. However, all that database will return are the names of the petitioner and spouse, a reference, a year, and a citation. That's good start but we probably want to read the act itself.

Let's take a look at the divorce of Clarice Sheppard from James Henry Smith found in the "Acts of Divorce" database. The reference is the "Statutes of Canada" in 1916 with a citation of 88. I picked this one since it was the first one that appeared when I searched for a spouse with the surname of Smith.

We are fortunate that the "Acts of the Parliament of the Dominion of Canada" AKA "Statutes of Canada" have been digitized and made available on the Internet Archive. Filtering on just the year 1916, two volumes are returned: "Acts of the Parliament of Canada (12th Parliament, 6th Session, Chapter 1-29), 1916" and "Acts of the Parliament of Canada (12th Parliament, 6th Session, Chapter 30-94), 1916". Since the citation from the database stated "88", I would look in the volume containing chapters 30 to 94. Very quickly I was able to find "An Act for the relief of Clarice Smith" recorded in 6-7 George V, Chap. 88. Not only do we find when the divorce was granted but also where they were residing (Toronto, Ontario), when and where they were married (25 Oct 1913 in Chicago, Illinois), and the reason for the divorce.

I will also sometime look in the "Canadian Parliamentary Historical Resources" hosted by the Canadian Research Knowledge Network.

For more modern acts from about 2000 onwards, I will usually head over to CanLII to search their Legislation databases or the Law Society of Ontario "Great Library" and their library guide "On the Web: Where to Find Canadian Legislation" to point me to where I can find the current legislation.

 

As an aside, you might have noticed acts include something like "6-7 George V" or "20 Vic". Instead of writing the year of when the session of the legislature or parliament was held, earlier acts included the year of the reigning monarch. To help me figure out the year I will turn to the "Convert Regnal Years to Calendar Years" page hosted on Barry Sharples' Bosbury History Resource. Looking up the 20th year of Victoria's reign it tells us that the year is 1857.

Often when I have a question about why something was included or changed on a form, or I find a semi-cryptic ink stamp on a record, I've found that reading the legislation can help me understand what I've found. 

Hopefully this will also help you out in your family history research endeavors.