Frequently Asked Questions
How
does a Bill become law?
When does an Act come into force?
Can an Act come into force with retroactive effect, i.e.,
before it is passed by the legislature?
When does a regulation come into force?
Can a regulation come into force with retroactive effect?
When can I obtain a copy of an Act or regulation?
Are the Acts of the province available in an electronic
format?
How do I obtain an official copy of a statute or
regulation?
What is the proper way to cite statutes and regulations?
How do I contact the Office of the Legislative Counsel?
The Canadian Constitution gives the
legislature of this and the other provinces powers to make laws. Here is
how our House of Assembly makes laws. Laws made by the House are called
Acts. When first presented to the House for its consideration an Act is
called a Bill.
-
The first stage in the legislative process as
a result of which a Bill becomes an Act, that is, a law, is called the
"Notice of Motion". The Notice of Motion
simply informs the members of the House that they will be asked at some later
date to consider a Bill.
-
The second stage is that of the
"First
Reading" of a Bill. Here members are asked
to agree to debate the Bill. If they agree, that is, allow it to be read a
First Time, the Bill is given to them and made public.
-
The next stage is the stage at which members
of the House are asked to actually debate the Bill. It is called the
"Second Reading". At this stage, the
person introducing the Bill, usually a Minister of the Government, explains the
purpose of the Bill and all members may speak and give their opinions about it.
(The Rules of Debate are found in the
Standing Orders of the House of Assembly.)
-
When members have finished their
consideration of the purpose of the Bill, the "Second Reading" stage ends and
the Bill is referred to the "Committee of the Whole House".
This is where the members of the House review and discuss the Bill in
detail. This is generally referred to as the "Committee Stage" of
debate. At this stage members are allowed to propose changes to the
Bill.
-
Following the "Committee Stage" a Bill is
ready for the "Third Reading". At
this stage members may again debate the Bill as they did at "Second Reading".
-
The final stage in the legislative process is called
the Royal Assent.
At this stage, the Lieutenant-Governor, on behalf of the Queen, agrees that the
Bill, now called an "Act", should be a law of the province.
See the
Order Paper
to view what the business of the House of Assembly is on a particular day.
See the
Progress of Bills
to view a Bill's progress through the House of Assembly.
There are 3 possible dates on which an Act
may come into force.
-
First, the date may be included in the Act itself. If so it
is the last section of the Act. This section is called a "Commencement
Section".
-
Second,
the Act may permit the
Lieutenant-Governor in Council, that is the cabinet, to decide
when it is to come into force.
The section that permits this is called the "Proclamation Section". If
one is included in an Act it is the last section. (The
proclamation containing the date is published in
the
Gazette.)
-
Finally, an Act that does not contain a "Commencement Section" or a
"Proclamation Section" comes into force on the date on which it is signed by
the Lieutenant-Governor, that is, on the date it is given "the Royal
Assent". This date appears on the first page of the Act.
(Since "the Royal Assent" is always required for an Act, a date will always
appear on the first page. You should always check the last section of
an Act to see whether it contains a "Commencement Section" or a
"Proclamation Section".) Most Acts come into force on the date the
Royal Assent is given.
Can an Act come into force with retroactive effect, i.e., before it is passed by the Legislature?
[Top]
Yes, although it is not usually the case
and it only happens if the Act specifically states that it applies with
retroactive effect. The date from which it was retroactively effective is
contained in the last section of the Act.
When does a regulation come
into force?
[Top]
A regulation can come into force on 2
dates,
Can a
regulation come into force with retroactive effect?
[Top]
Yes, but only if the Act under which the
regulation is made specifically allows for it and only then if the date from
which the regulation was retroactively effective is set out in the regulations.
When can I obtain a
copy of an Act or regulation?
[Top]
Copies of Acts and regulations are
available online through the
House of Assembly
website. Printed copies may also be obtained by contacting the
Queen's Printer.
Are the
Acts of the province available in an electronic format?
[Top]
Yes. The Acts and Subordinate
Legislation are available online through the
House of
Assembly website. [Top]
How do I
obtain an official copy of a statute or regulation?
[Top]
Under the authority of
section 11 of the
Statutes Act, RSNL1990 cS-26,
a copy of
legislation or consolidated legislation accessed from
the
House of Assembly
website is an official copy.
You may also contact the
Queens Printer
to obtain an official copy. Where consolidated versions have not
been prepared, you may be provided with the original statute
together with any amending statutes.
Notwithstanding the above,
a copy of point in time legislation accessed from
the
House of Assembly
website is
not an official copy under subsection 11(2) of the
Statutes Act, RSNL1990 cS-26.
What is the proper way to cite statutes and regulations?
[Top]
Sample Statute Citations:
-
Accident and Sickness Insurance Act, Revised Statutes of Newfoundland and Labrador 1990 chapter A-2
OR
Accident and Sickness Insurance Act, RSNL1990 cA-2
-
Access to Information and Protection of Privacy Act,
2015, Statutes of
Newfoundland and Labrador 2015 chapter A-1.2
OR
Access to Information and Protection of Privacy Act,
2015, SNL2015 cA-1.2
-
Loan and Guarantee Act, 1957, Statutes of Newfoundland and Labrador 1957 chapter 70
OR
Loan and Guarantee Act, 1957, SNL1957 c70
Sample Regulation Citations:
-
Aquaculture Regulations, Consolidated Newfoundland and Labrador Regulation 1139/96
OR
Aquaculture Regulations, CNLR 1139/96
-
Child Care Services Regulations,
2015, Newfoundland and Labrador Regulation
89/05
OR
Child Care Services Regulations,
2005, NLR 89/05
Change in how we cite Statutes and Regulations due to the following statutes:
-
For Statutes see Newfoundland and Labrador Act,
SNL2001 cN-3.1
AND
For Regulations see s45 of Attorney General Statutes Amendment Act, 2001,
SNL2001 c42 s45
How do I
contact the Office of the Legislative Counsel?
[Top]
You may contact the Office of the
Legislative Counsel at:
Office of the Legislative Counsel
Department of Justice and
Public Safety
P.O. Box 8700
St. John's, NL
A1B 4J6
Fax: (709) 729-2129
Email:
legcounsel@gov.nl.ca
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