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Statutes of Newfoundland and Labrador 2019


CHAPTER D-5.1

AN ACT RESPECTING THE DEMISE OF THE CROWN

(Assented to December 6, 2019)

Analysis


        1.   Short title

        2.   Effect of demise

        3.   Validity of matter or proceeding

        4.   RSNL1990 cH-10 Amdt.


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 Demise of the Crown Act.

2019 D-5.1 s1

Effect of demise

        2. Where there is a demise of the Crown,

             (a)  the demise does not affect the holding of any office under the Crown in right of the province;

             (b)  the demise does not affect the right or capacity of a person in the province to practise, engage in or pursue a profession, occupation or calling; and

             (c)  a person is not required to retake an oath of office or oath of allegiance with respect to a profession, occupation, office or calling by reason of the demise.

2019 D-5.1 s2

Validity of matter or proceeding

        3. A writ, action or other process or proceeding, civil or criminal, in or issuing out of any court is not, by reason of the demise of the Crown, determined, abated, discontinued or affected, but every writ, action, process or proceeding remains in full force and may be enforced, carried on or otherwise proceeded with or completed as though there had been no demise.

2019 D-5.1 s3

RSNL1990 cH-10 Amdt.

        4. The House of Assembly Act is amended by adding immediately after section 3.1 the following:

Demise of the Crown

      3.2 (1) The House of Assembly is not dissolved by the demise of the Crown, and shall continue in the same manner as if the demise had not occurred.   

             (2)  Notwithstanding subsection (1), the Lieutenant-Governor may, by proclamation, prorogue or dissolve the House of Assembly when the Lieutenant-Governor sees fit.

2019 D-5.1 s4