Statutes of Newfoundland 1995 Chapter S-29.1

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Statutes of Newfoundland 1995

CHAPTER S-29 CHAPTER S-29.1

AN ACT RESPECTING THE REVISION AND
CONSOLIDATION OF SUBORDINATE
LEGISLATION
(Assented to December 21, 1995)

Analysis

1. Short title

2. Definition

3. Purpose of Act

4. Regulations cease to have effect

5. Power of Lieutenant-Governor in Council

6. Powers of ministers and others

7. Extension of filing period

8. Application of Act

9. Powers of legislative counsel

10. Consolidation of other regulations

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 Subordinate Legislation Revision and Consolidation Act.

Definition

2. In this Act "subordinate legislation" means subordinate legislation as defined by paragraph 9(1)(e) of the Statutes and Subordinate Legislation Act.

Purpose of Act

3. The purpose of this Act is to provide for the expiry, on December 31, 1995, of all subordinate legislation in force in the province on March 31, 1995 unless the subordinate legislation, revised or amended, is re-enacted by the Lieutenant-Governor in Council, under the power conferred by this Act, prior to that date.

Regulations cease to have effect

4. (1) All subordinate legislation in effect on March 31, 1995 ceases to have effect after June 30, 1996 unless re-enacted by the Lieutenant-Governor in Council under subsection 4(2) and filed with the registrar of subordinate legislation before that date.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, under the powers conferred by section 5, re-enact subordinate legislation in force in the province on the coming into force of this Act.

(3) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by order, exempt the following subordinate legislation from the application of this Act:

1. Rules of the Supreme Court, 1986.

2. Divorce Rules of the Supreme Court of Newfoundland
(Trial Division).

3. Divorce Rules of the Supreme Court of Newfoundland
(Unified Family Court).

4. Court of Appeal Criminal Appeal Rules.

5. Lottery Scheme, 1985 - Terms and Conditions
Lottery Scheme, 1985 - General Rules
Lottery Scheme, 1985 - Lottery Permit Rules
Lottery Licensing Review Rules, 1985.

Power of Lieutenant-Governor in Council

5. Notwithstanding that an Act confers a power to make or approve subordinate legislation on a minister, board, commission or other body, the Lieutenant-Governor in Council has, for the purpose of the re-enactment of subordinate legislation under section 4, the same power as that conferred by the Act on the minister, board, commission or other body as if the power to make the subordinate legislation had been conferred by the Act on the Lieutenant-Governor in Council.

Powers of ministers and others

6. (1) Notwithstanding that subordinate legislation has been re-enacted by the Lieutenant-Governor in Council under this Act, the subordinate legislation, as re-enacted, may be amended, revised, repealed or otherwise dealt with by the minister, board, commission or other body on which the power to make the subordinate legislation was first conferred as if the subordinate legislation had been re-enacted by that minister, board, commission or other body.

(2) A minister's, board's, commission's, or other body's power under subsection (1) shall not exceed the power conferred on the minister, board, commission or other body by the Act under which the subordinate legislation was first made.

Extension of filing period

7. Notwithstanding section 4, the Lieutenant-Governor in Council may by order extend the period for not longer than 6 months during which subordinate legislation referred to in the order may be re-enacted and filed under this Act.

Application of Act

8. (1) Part II of the Statutes and Subordinate Legislation Act applies to subordinate legislation dealt with under this Act.

(2) Notwithstanding subsection 11(1) of the Statutes and Subordinate Legislation Act, a failure to publish subordinate legislation within 1 month of its being filed does not affect the validity of the subordinate legislation when published.

Powers of legislative counsel

9. In preparing subordinate legislation dealt with under this Act for publication in the Gazette, the legislative counsel has the powers, with respect to that subordinate legislation, that are conferred by section 5 of the Statutes and Subordinate Legislation Act respecting the consolidation and revision of statutes of the province.

Consolidation of other regulations

10. (1) The legislative counsel shall revise and consolidate all regulations enacted between April 1, 1995 and December 31, 1995.

(2) Regulations revised and consolidated under subsection (1) shall be filed before June 30, 1996 as provided for by the Statutes and Subordinate Legislation Act.

(3) On the day a regulation is filed under subsection (2), the regulation in force on that day that is revised and consolidated by it is repealed.

(4) A regulation revised and consolidated under this section has, upon being filed, the same effect as if it had been made by the Lieutenant-Governor in Council, the minister, board, commission or other body to which authority was given under an Act to make the regulation revised and consolidated under this section.