This is an official version.

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St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2010


CHAPTER 30

AN ACT TO AMEND THE STATUTES ACT

(Assented to December 16, 2010)

Analysis


        1.   Heading Added
PART I
ACTS OF THE LEGISLATURE

        2.   S.8 Added
Judicial notice

        3.   Part II Added
PART II
FORM AND STATUS OF LEGISLATION
9.     Interpretation
10.   Role of Chief
        Legislative Counsel
11.   Official copy of
        legislation
12.   Presumption: printed
        copy
13.   Presumption: website
        copy
14.   Official copy of
        legislation as evidence
15.   Official copy of
        consolidated
        legislation as evidence
16.   Legislation on
        legislation website not
         in force
17.   Regulations

        4.   Consequential Amdt.


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

RSNL1990 cS-26
as amended

        1. The Statutes Act is amended by adding immediately after section 1 the following:

PART I
ACTS OF THE LEGISLATURE

 

        2. The Act is amended by adding immediately after section 7 the following:

Judicial notice

        8. Judicial notice shall be taken of the enactment and contents of an Act.

 

        3. The Act is amended by adding immediately after section 8 the following:

PART II
FORM AND STATUS OF LEGISLATION

Interpretation

        9. (1) In this Part

             (a)  "consolidated legislation" means legislation into which are incorporated amendments that are enacted by the Legislature or filed by the Registrar of Subordinate Legislation under Part II of the Statutes and Subordinate Legislation Act;

             (b)  "legislation" means Acts and subordinate legislation;

             (c)  "legislation website" means the website of the House of Assembly for legislation and related materials that is available on the Internet at www.assembly.nl.ca or another website address specified by a regulation made under paragraph 17(a); and

             (d)  "subordinate legislation" means subordinate legislation as defined in paragraph 9(1)(e) of the Statutes and Subordinate Legislation Act.

             (2)  A reference in this Part to amendment in relation to legislation is also a reference to repeal or revocation, unless a contrary intention appears.

Role of Chief Legislative Counsel

      10. The Chief Legislative Counsel shall

             (a)  maintain the electronic database of legislation and consolidated legislation for the legislation website so as to facilitate convenient and reliable public access to them; and

             (b)  safeguard the accuracy and integrity of the electronic database of legislation and consolidated legislation that appears on the legislation website.

Official copy of legislation

      11. (1) A copy of legislation or consolidated legislation is an official copy if it

             (a)  is printed by the Queen's Printer; or

             (b)  is accessed from the legislation website in a form or format prescribed in a regulation made under paragraph 17(b).

             (2)  Subsection (1) does not apply to a copy that is accompanied by a disclaimer to the effect that it is not intended as official.

             (3)  In the case of a copy referred to in paragraph (1)(b), the copy is accompanied by a disclaimer if the disclaimer is on the legislation website when the copy is accessed.

Presumption: printed copy

      12. Unless the contrary is proved, a copy of legislation or consolidated legislation purporting to be printed by the Queen's Printer was so printed.

Presumption: website copy

      13. Unless the contrary is proved, a copy of legislation or consolidated legislation submitted with an oral or written statement to the effect that it was accessed from the legislation website in a form or format prescribed in a regulation under paragraph 17(b) was so accessed.

Official copy of legislation as evidence

      14. Unless the contrary is proved, an official copy of legislation is an accurate statement of that legislation.

Official copy of consolidated legislation as evidence

      15. Unless the contrary is proved, an official copy of consolidated legislation is an accurate statement of the law

             (a)  in the case of an official copy described in paragraph 11(1)(a), on the consolidation date shown on the copy; and

             (b)  in the case of an official copy accessed from the legislation website in a form or format prescribed in a regulation made under paragraph 17(b), during the period indicated on the legislation website in respect of the copy when the copy was accessed.

Legislation on legislation website not in force

      16. (1) Legislation or consolidated legislation published on the legislation website shall include provisions that have been enacted by the Legislature or filed under Part II of the Statutes and Subordinate Legislation Act but that are not yet in force.

             (2)  Where a provision that is not yet in force is included in legislation published on the legislation website, the fact that it is not yet in force shall be indicated on the website, in the manner and to the extent the Chief Legislative Counsel may direct.

Regulations

      17. The minister may make regulations

             (a)  specifying another website address for the purpose of the definition of "legislation website" in paragraph 9(1)(c);

             (b)  prescribing forms or formats, including print-outs, on-screen displays and other output of electronic data for the purpose of paragraph 11(1)(b), section 13 and paragraph 15(b); and

             (c)  generally, to give effect to the purpose of the Part.

Consequential Amdt.

        4. (1) Section 28 of the Evidence Act is repealed and the following substituted:

Proof of proclamations

      28. Evidence of a proclamation, order or appointment, made or issued by the Lieutenant-Governor, or by the Lieutenant-Governor in Council or by or under the authority of a minister or head of a department of the government, may be given

             (a)  by the production of a copy of the Gazette, purporting to contain a copy of the proclamation, order or appointment, or a notice of it;

             (b)  by the production of a copy of the proclamation, order or appointment, purporting to be printed by the Queen's Printer;

             (c)  by the production, in the case of a proclamation, order or appointment made or issued by the Lieutenant-Governor in Council, of a copy or extract of it purporting to be certified to be true by the clerk or deputy clerk of the Executive Council; and

             (d)  in the case of an order or appointment made or issued by or under the authority of a minister or head of a department, by the production of a copy or extract of the proclamation, order, regulation or appointment purporting to be certified to be true by the minister or by his or her deputy.

             (2)  Section 6 of the Interpretation Act is repealed.

             (3)  Subsection 12(2) of the Statutes and Subordinate Legislation Act is repealed and the following substituted:

             (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.

             (4)  Section 12 of the Statutes and Subordinate Legislation Act is amended by adding immediately after subsection (2) the following:

          (2.1)  In subsection (2), "legislation website" has the meaning given it by paragraph 9(1)(c) of the Statutes Act.