Commentary on the retroactivity of statutes

Last revised July 16, 2026

Discussions of the temporal operations of statutes are available from a number of secondary resources, some of which are listed here.

General Digital Resources

(available on the public access computers in Courthouse Library BC branches and also available in print format):

1. The Canadian Encyclopedic Digest (CED) is available through WestlawNext Canada on library computers. It has commentary on the retroactive effect and retrospective effect of statutes. Searching or browsing the CED will lead you to the following folder hierarchy:

CED 
    Statutes 
        IV - Operation of Statutes
            4 - Retroactive Effect and Retrospective Effect
                (a)  Declaratory Enactments
                (b)  Retroactive Statutes and Retrospective Statutes  - General Rule
                (c)  Statutes Relating to Procedure
  
2. The Canadian Abridgment also has commentary on this topic  and is available through WestlawNext Canada on library computers. The CA hierarchy is as follows:

CA
    Subject Title: Statutes
        Classification number: III.Retroactive and retrospective operation

3. Halsbury's Laws of Canada, available on Lexis Advance Quicklaw also has commentary on retroactivity and temporal application of legislation which can be found according to the following hierarchy:

HLG - Legislation
    V. - Application of Legislation
        1. - Temporal Application
        
4. Statutory Interpretation by Ruth Sullivan is available as an Irwin Law ebook on the VLex platform on library computers and remotely to Law Society of BC members. 

Additional Digital Resource for Criminal Practice

Criminal Pleadings and Practice in Canada by Ewaschuk is available online through Westlaw Canada

            Criminal Pleadings and Practice in Canada (Ewaschuk)
            Various Specific Matters
                Chapter 33 - Statutory Interpretation
                    33.100 - Retroactivity, Retrospectivity and Prospectivity

Print Resources

The following is a list of some of the print resources available through Courthouse Libraries BC:

• The Interpretation of Legislation in Canada - on-site at Courthouse Libraries
• Statutory interpretation - on-site at Courthouse Libraries
• The construction of statutes - on-site at Courthouse Libraries

Additional Print Resources for Criminal Practice

Criminal Pleadings and Practice in Canada - on-site at Courthouse Libraries
Criminal Practice Manual: a Practical Guide to Handling Criminal Cases   - on-site at Courthouse Libraries
 

Content reviewed July 16, 2026