Statutes of Newfoundland 1991 Chapter 41

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Statutes of Newfoundland 1991

CHAPTER 41

AN ACT RESPECTING THE CONSOLIDATION AND REVISION OF THE STATUTES OF
NEWFOUNDLAND
(Assented to December 11, 1991)

Analysis

1. Short title

2. Definitions

3. Interpretation

4. Preparation of new revision

5. Statute roll

6. Proclamation re 1990 revision

7. Revision replaces original statutes

8. Effect of revision on unproclaimed statutes

9. Effect of revision

10. Publication of appendices

11. Correction of errors

12. Forms & schedules prescribed by regulations

13. 1977 c.108 Amdt.

14. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Revised Statutes, 1990 Act.

Definitions

2. In this Act

(a) "enactment" means an Act or a portion of an Act;

(b) "minister" means the Minister of Justice;

(d) "reviser" means the Legislative Counsel as defined in The Statutes and Subordinate Legislation Act.

Interpretation

3. This Act shall be read as one with The Statutes and Subordinate Legislation Act.

Preparation of new revision

4. In accordance with this Act and The Statutes and Subordinate Legislation Act, the reviser

(a) shall consolidate and revise The Revised Statutes of Newfoundland, 1970 and the public Acts of the province enacted after December 31, 1970 and before January 1, 1991; and

(b) may consolidate and revise public Acts of the province enacted before December 31, 1970 and not repealed before January 1, 1991

under the general supervision of the minister.

Statute roll

5. The consolidated and revised Acts, together with the Schedule of enactments to be repealed constitute the statute roll which, when

(a) attested at the beginning of each volume by the signature of the Lieutenant-Governor,

(b) countersigned at the same places by the minister, and

may be deposited in the Office of the Clerk of the House Assembly.

Proclamation re 1990 revision

6. (1) After the deposit of the statute roll under section 5, the Lieutenant-Governor in Council may, by proclamation, declare the day on which the roll shall come into force by the designation "Revised Statutes of Newfoundland, 1990".

(2) On and after the date proclaimed, the statute roll comes into force and has effect as and by the designation "Revised Statutes of Newfoundland, 1990" to all intents

(a) as if the statute roll was expressly embodied in and enacted by this Act; and

(b) as if this Act expressly provided that it was to have effect on and after the date so proclaimed,

and the statute roll shall be held to be the original of the enactments so revised.

Revision replaces original statutes

7. On the date the revised statutes are proclaimed in force, an enactment shown in the schedule to the revised statutes as being omitted from and repealed by the revised statutes is repealed to the extent shown.

Effect of revision on unproclaimed statutes

8. If an enactment referred to in section 4 is to come into force on proclamation and is included in the revised statutes and stated in the revised statutes to come into force on proclamation, then,

(a) if the original enactment was not proclaimed in force before the date on which the revised statutes come into force, the proclamation under section 6 does not, unless it otherwise states, operate to bring the corresponding revised enactment in force, but

(b) if the original enactment was proclaimed in force before the date on which the revised statutes come into force, the proclamation under section 6 operates to bring the corresponding revised enactment into force.

Effect of revision

9. (1) The revised statutes shall not be held to operate as new laws but they shall be construed and have effect as a consolidation of the law contained in the enactments for which the revised statutes are substituted.

(2) The various provisions of the revised statutes corresponding to and substituted for the enactments previously in force shall, when they are the same in effect as those of the previous enactments, operate retrospectively as well as prospectively and shall be considered to have been passed respectively on the days on which the corresponding previous enactments came into force.

(3) If on any point the provisions of the revised statutes are not in effect the same as the previous enactments for which they are substituted, then with respect to all transactions, matters and things on and subsequent to the day on which the revised statutes came into force, the provisions contained in them prevail, but with respect to all earlier transactions, matters and things the provisions of the previous enactments prevail.

(4) A reference

(a) in an enactment that is omitted from but not repealed by the revised statutes; or

(b) in an instrument or document

to an enactment that is repealed by section 7 shall, after the revised statutes come into force, be held with respect to a subsequent transaction to be a reference to the enactment in the revised statutes having the same effect as the repealed enactment.

(5) The mention of an enactment in the schedule to the revised statutes shall not be construed as a declaration that the enactment was or was not in force immediately before the coming into force of the revised statutes.

Publication of appendices

10. The reviser may include and there may be printed in the volumes that contain the revised statutes

(a) appendices prepared by the reviser containing statutes of the Parliament of Canada and the Legislature of the province and other documents relating to the Constitution of Canada and of the province;

(b) Schedules prepared by the reviser of similar character to those published with the Revised Statutes of Newfoundland, 1970; and

Correction of errors

11. (1) The Lieutenant-Governor in Council may make regulations to correct an error appearing in the revised statutes in a manner not inconsistent with the powers of revision contained in The Statutes and Subordinate Legislation Act.

(2) A regulation under this section ceases to have effect after the last day of the session of the Legislature next ensuing after it is made.

Forms & schedules prescribed by regulations

12. Regulations prescribing forms or schedules to replace those omitted from an enactment under paragraph 5(1)(h.1) of The Statutes and Subordinate Legislation Act may be made before the revised statutes come into force, to be effective on the date the revised statutes come into force, and a regulation so made is as valid as if the authority in the revised statutes under which it purports to be made was in force on the date it was made.

1977 c.108
Amdt.

13. (1) Subsection 5(1) of The Statutes and Subordinate Legislation Act is amended by adding immediately after paragraph (h) the following:

(h.1) omit forms or schedules contained in an enactment and add authority to the enactment for the forms or schedules to be prescribed by regulation;

(2) Section 9 of The Statutes and Subordinate Legislation Act is repealed.

(3) The Schedule to the Act is repealed.

Commencement

14. This Act is considered to have come into force on December 31, 1990.