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RSNL1990 CHAPTER S-27
STATUTES AND SUBORDINATE
1991 c41 s13; 1996 cR-10.1 s69; 2001 cN-3.1 s2; 2004 c47 s33;
AN ACT RESPECTING THE PREPARATION AND REVISION OF THE STATUTES AND
1. This Act may be cited as the Statutes and Subordinate Legislation Act.
2. In this Act
(a) "legislative counsel" refers to the Office of the Legislative Counsel referred to in Part III; and
(b) "minister" means the minister appointed under the Executive Council Act to administer this Act.
1977 c108 s2; 2006 c40 s21
3. The purposes of this Act are
(a) to authorize a continuing revision of the public general statutes of the province;
(b) to provide for the central filing and publication of regulations of a legislative nature made under a statute of the province and for the better distribution of information concerning both statutes and subordinate legislation to the public of the province; and
(c) to facilitate the preparation of legislation and the achievement of a more uniform mode of expression and standard of writing for the legislation of the province,
and, for the accomplishment of those purposes, to establish under the administration of the minister an office charged with the responsibility for those purposes.
1977 c108 s3
4. The legislative counsel shall prepare a draft consolidation and revision of the statutes of the province, and comprehensive indices and appendices to them.
5. (1) In preparing a draft consolidation and revision of the statutes of the province, the legislative counsel may
(a) omit Acts and parts of Acts that have expired, been repealed or suspended, or had their effect, or been replaced or superseded by Acts within the jurisdiction of the Parliament of Canada;
(b) alter the numbering and arrangements of the statutes in force on the completion of the work, and of the different sections and other provisions of the statutes;
(c) arrange 2 or more statutes as 1 chapter when the subject matter of the statutes lends itself to that arrangement;
(d) revise and alter the language of the statutes where necessary or desirable in order to express better the spirit and meaning of the law but not so as to change the sense of an enactment;
(e) alter the language of the statutes in a manner that may be required in order to obtain or preserve a uniform mode of expression;
(f) remove the long title of a statute and replace it with its short title and alter a short title to make it more concise or to make the statute itself more easily found or referred to in the consolidation and revision;
(g) make minor amendments to the statutes that are necessary in order to state more clearly what is considered to have been the intention of the Legislature;
(h) make amendments that are required to reconcile seemingly inconsistent enactments, or to correct clerical or typographical errors;
(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;
(i) omit Acts or parts of Acts that, although public enactments, have reference only to a particular municipality, locality, person or place or have no general application throughout the province;
(j) include Acts or parts of Acts that, although originally enacted as, or considered to be, private Acts or enactments, are of a character that they impose duties or obligations upon, or limit the rights or privileges of, the public; and
(k) recommend new provisions and make suggestions for the improvement of the laws.
(2) The minister may, with the approval of the Lieutenant-Governor in Council, make arrangements and enter into agreements relating to the preparation, printing and distribution of the consolidation and revision and to matters incidental to the consolidation and revision, that he or she considers expedient in the public interest.
1977 c108 s5; 1991 c41 s13
Report to House of Assembly
6. (1) The minister may notify the House of Assembly of the progress being made in the preparation of a consolidation or revision of the statutes of the province being prepared under section 5.
(2) The House of Assembly may appoint a special committee of the House of Assembly, to be known as the Special Committee on Law Revision, which may sit during recess and after prorogation.
(3) The minister shall be a member and the chairperson of the special committee.
(4) Where the House of Assembly is dissolved before a special committee on law revision has completed its work in respect of the consolidation and revision of statutes, a similar committee appointed by the next succeeding House of Assembly shall continue the work of the committee appointed and has the same powers and authority.
(5) During the preparation of the consolidation and revision, or on the conclusion of the consolidation and revision, the minister may lay before the special committee for its examination and approval, drafts of the statutes consolidated and revised.
7. The legislative counsel may prepare and keep up to date a consolidation of the statutes of the province, and comprehensive indices and appendices to the consolidation.
Loose leaf and electronic publication
8. (1) The consolidation referred to in section 7 may be published in what is commonly known as a loose-leaf form, that is a form in which separate pages or separate chapters are not bound together but are punched so that they may be conveniently held together by a separate fastening, and removed, replaced or added to.
(2) The minister may, with the approval of the Lieutenant-Governor in Council, make available an edition of the consolidation published under section 7
(a) in microfilm form directly from the printed edition or by electronic data processing; or
(b) by electronic data processing for visual display, photocopying or automated typing at locations that, in the opinion of the minister, will best serve the convenience of the public.
1977 c108 s8; 1978 c35 s22
9. (1) In this Part
(a) "file" means file with the registrar;
(b) "local authority" means the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, a council of a city or municipality constituted under a special Act and a town, community, region or local service district constituted or continued under the Municipalities Act;
(c) "publish" means publish in the manner prescribed by section 11;
(d) "registrar" means the legislative counsel; and
(e) "subordinate legislation" means a regulation, proclamation, rule, order, by-law or instrument that is of a legislative nature and made or approved under the authority of an Act including those made by a board, commission or other body, whether incorporated or unincorporated, the members of which, or the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant-Governor in Council, but does not include a regulation, proclamation, rule, order, by-law, resolution or other instrument made by a local authority or, except as otherwise provided in this paragraph, by a corporation incorporated under an Act or by the board of directors or board of management of such a corporation.
(2) Where a regulation, proclamation, rule, order, by-law or other instrument is made or approved under an Act, by the Lieutenant-Governor in Council, a member of the Executive Council, or a board, commission, or other body described in paragraph (1)(e), if it prescribes, fixes or designates
(a) a district, area, person, animal, or other thing; or
(b) a period of time,
within, to, during, or in respect of, which the Act does or does not apply, in whole or in part, generally or in a restricted manner, or within, to, during, or in respect of, which the Act provides that a thing specified in the Act may or may not be done, or shall or shall not be done, the regulation, proclamation, rule, order, or by-law is subordinate legislation.
(3) Subsection (2) does not apply to an order of the Lieutenant-Governor in Council directing the issue of a proclamation bringing into force, or suspending or repealing an Act of the Legislature or a provision of an Act.
Filing of subordinate legislation
10. (1) Subordinate legislation shall be filed in a manner prescribed by the registrar.
(2) Unless another day is provided, subordinate legislation comes into force on the day it is published under section 11 but in no case does subordinate legislation come into force before the day of filing unless it is provided in the Act under the authority of which the subordinate legislation has been made or approved.
(3) Unless expressly provided to the contrary in another Act, subordinate legislation that is not filed as prescribed by the registrar has no effect.
(4) Where before it has been filed subordinate legislation has been amended by subsequent subordinate legislation, the filing of the earlier subordinate legislation with the amendment made by the subsequent subordinate legislation embodied in or added to it, is in compliance with this section.
(5) Filing of subordinate legislation under subsection (1) may include electronic or computer generated filing or transmittal.
1977 c108 s11; 1981 c85 s16; 1996 cR-10.1 s69
11. (1) The registrar shall, within 1 month of the filing of subordinate legislation, publish it in the Gazette.
(1.1) The publication of subordinate legislation referred to in subsection (1) may be accomplished by electronic or computer generated means.
(2) Notwithstanding subsection (1), the minister may, by order, extend the time for publication of subordinate legislation and where it is subsequently published a copy of the order or a notice of the order shall be published with the subordinate legislation.
(3) Notwithstanding subsection (1), where subordinate legislation, in the opinion of the Lieutenant-Governor in Council,
(a) has been available in printed form to persons who are likely to be interested in it; and
(b) is of a length so as to make publication of it in the Gazette unnecessary or undesirable,
the Lieutenant-Governor in Council, by order, may dispense with the publication of the subordinate legislation, and, notwithstanding subsection (5), the subordinate legislation upon registration is as valid against persons as if it had been published and comes into force on the day it is filed or a later day provided in that subordinate legislation.
(4) Where, by order of the minister or of the Lieutenant-Governor in Council, the time for publication of subordinate legislation is extended or publication is dispensed with, the registrar shall publish the order or a notice of the order in theGazette within 1 month after the making of the order.
(5) Unless expressly provided to the contrary in another Act, subordinate legislation that is not published is not valid as against a person who has not had actual notice of it.
1977 c108 s12; 1996 cR-10.1 s69
Proof of filing and contents
12. (1) The production of a copy of subordinate legislation purporting to be printed by the Queen's Printer is, in the absence of evidence to the contrary, proof
(a) of the filing of that subordinate legislation in accordance with this Act; and
(b) of the contents of the subordinate legislation and of the making of it and, where required, of the approval of the subordinate legislation.
(2) Judicial notice shall be taken of subordinate legislation published in the Gazette or on the legislation website and of the contents and publication of that subordinate legislation.
(2.1) In subsection (2), "legislation website" has the meaning given it by paragraph 9(1)(c) of the Statutes Act .
(3) Production of a certificate by the registrar that an item of subordinate legislation was filed on a specified day is, in the absence of evidence to the contrary, proof that it was filed on that day.
(4) This section applies notwithstanding the fact that subordinate legislation was published by electronic or computer generated means.
Deciding subordinate legislation
13. (1) The registrar may decide whether a regulation, proclamation, rule, order or by-law or other instrument that has been presented to him or her for filing is subordinate legislation within the meaning of this Act.
(2) When required by the minister, and at least once in each month, the registrar shall submit to the Lieutenant-Governor in Council a report setting out regulations, proclamations, rules, orders, by-laws or other instruments that, under subsection (1), he or she has decided are not subordinate legislation within the meaning of this Act and to which no reference is made in a preceding report submitted by him or her under this subsection.
(3) Unless otherwise required by the Lieutenant-Governor in Council, submission by the registrar of a brief summary or description of the terms of a regulation, proclamation, rule, order, by-law or other instrument is sufficient compliance with subsection (2).
(4) The Lieutenant-Governor in Council may approve the report or may order that a regulation, proclamation, rule, order, by-law or other instrument to which reference is made shall be considered to be subordinate legislation within the meaning of this Act and in that case it shall be considered to have been subject to this Act from the time when it was made or passed.
(5) Where the registrar has decided that a regulation, proclamation, rule, order, by-law or other instrument is not subordinate legislation within the meaning of this Act, and the Lieutenant-Governor in Council on his or her so reporting has approved the report, the registrar, with the approval of the Lieutenant-Governor in Council, may nevertheless reverse his or her decision and decide that the regulation, proclamation, rule, order, by-law or other instrument is subordinate legislation within the meaning of this Act and in that case it shall be considered to have been subject to this Act from the time the registrar reverses his or her decision.
Numbering citation and references
14. (1) Subordinate legislation shall be numbered in the order in which it is filed and a new series shall be started in each calendar year.
Subordinate legislation when filed may be cited as "
(3) A reference in an Act or subordinate legislation to a line, word, or other portion, of or in a section, subsection, paragraph, subparagraph or clause, of or in subordinate legislation shall be considered to be a reference to the line, word or other portion as it appears in the subordinate legislation
(a) as published in the Gazette as required under this Act; or
(b) in the case of subordinate legislation, publication of which has been dispensed with under subsection 11(3), as published in the printed form in which it has been made available as mentioned in that subsection.
15. (1) The Lieutenant-Governor in Council may make regulations
(a) prescribing the powers and duties of the registrar;
(b) prescribing the form and arrangement of subordinate legislation;
(c) [Rep. by 1996 cR-10.1 s69]
(d) providing for the publication of consolidations of subordinate legislation filed under this Act, at intervals or times that he or she considers advisable, and for the publication of supplements to the consolidations;
(e) exempting regulations, proclamations, rules, orders, by-laws or other instruments or a class of them from this Act;
(f) providing for the inspection of subordinate legislation; and
(g) generally, to give effect to the purpose of this Part.
(2) Publication of subordinate legislation in a consolidation or supplement to it shall be considered to be publication within the meaning of this Act.
1977 c108 s16; 1996 cR-10.1 s69
Rep. by 2004 c47 s33
16. [Rep. by 2004 c47 s33]
17. The Office of the Legislative Counsel is continued as a division of the Department of Justice.
18. The legislative counsel shall
(a) draft laws that are entrusted to the legislative counsel and intended for introduction into the House of Assembly;
(b) draft amendments of proposed laws that are being considered by the House of Assembly;
(c) prepare a consolidation and revision of the public general laws of the province or statutes of the province that are authorized by this Act or that may be directed by the Lieutenant-Governor in Council; and
(d) perform other duties related or incidental to legislation that may be prescribed by the Lieutenant-Governor in Council.
Appointment and qualifications
19. The Lieutenant-Governor in Council may appoint a suitable person experienced in legislative drafting to be the chief legislative counsel, who shall hold office during pleasure and, under the general directions of the minister, administer the Office of the Legislative Counsel.
1977 c108 s22; 2004 c47 s33
Rep. by 2007 cH-10.1 s69
20. [Rep. by 2007 cH-10.1 s69]
Acting chief legislative counsel
21. (1) Where there is not available within the province a person qualified for appointment as chief legislative counsel, the Lieutenant-Governor in Council may appoint a suitable person to act as chief legislative counsel.
(2) A person who is acting as chief legislative counsel has the powers and shall perform the duties of the chief legislative counsel.
Other legislative counsel
22. (1) The Lieutenant-Governor in Council may appoint 1 or more suitable persons, to be designated "legislative counsel" and given titles of office that the minister may approve, who shall help the chief legislative counsel in his or her other duties.
(2) [Rep. by 2007 cH-10.1 s69]
Retaining special services
23. (1) With the approval of the Lieutenant-Governor in Council, the minister may enter into agreements to retain the services of these consultants, advisers or other persons with special skills that may be required for the better performance of the duties of the Office of the Legislative Counsel.
(2) An agreement under subsection (1) may be upon terms and conditions, for remuneration and for periods, not exceeding 2 years, that the minister considers necessary.
24. The expenses of the Office of the Legislative Counsel shall be defrayed out of money appropriated for that purpose by the Legislature.
25. Administrative and other services required for the purposes of the Office of the Legislative Counsel shall be provided by those departments which the Lieutenant-Governor in Council may designate.
[Rep. 1991 c41 s13]