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SNL1991 CHAPTER 41

REVISED STATUTES, 1990 ACT

Amended:

1992 c48 s29; 1993 c53 s25; 2001 cN-3.1 s2; 2006 c40 s21

CHAPTER 41

AN ACT RESPECTING THE CONSOLIDATION AND REVISION OF THE STATUTES OF
NEWFOUNDLAND AND LABRADOR

2001 cN-3.1 s2

(Assented to December 11, 1991)

Analysis



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.

1991 c41 s1

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Definitions

        2. In this Act

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

             (b)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (c)  "revised statutes" means the Revised Statutes of Newfoundland and Labrador , 1990; and

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

1991 c41 s2; 2001 cN-3.1 s2; 2006 c40 s21

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Interpretation

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

1991 c41 s3

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             (b)  may consolidate and revise public Acts of the province enacted before December 31, 1970 and not repealed before January 1, 1991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

1991 c41 s4

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 The consolidated and revised Acts, together with the Schedule of enactments to be repealed constitute the statute roll which, when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

             (c)  certified correct at the same places by the reviser,

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

1991 c41 s5

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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 and Labrador, 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 and Labrador , 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.

1991 c41 s6; 2001 cN-3.1 s2

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Revision replaces original statutes

        7. (1) 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.

             (2)  Where an Act contained in Schedule B of the Revised Statutes of Newfoundland, 1970 is not contained in Schedule A, B, C or D of the Revised Statutes of Newfoundland and Labrador 1990, it is repealed.

1991 c41 s7; 1992 c48 s29; 2001 cN-3.1 s2

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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.

1991 c41 s8

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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.

1991 c41 s9

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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 Statues of Newfoundland, 1970; and

             (c)  an index to the revised statutes.

1991 c41 s10

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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.

1991 c41 s11

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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.

1991 c41 s12

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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)  [Rep. by 1993 c53 s25].

             (3)  The Schedule to the Act is repealed.

1991 c41 s13; 1993 c53 s25

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Commencement

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

1991 c41 s14