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.

1995 cS-29.1 s1

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Definition

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

1995 cS-29.1 s2

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Purpose of Act

        3. The purpose of this Act is to provide for the expiry, on June 30, 1996 , 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.

1995 cS-29.1 s3

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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 and Labrador (Trial Division).

               3.  Divorce Rules of the Supreme Court of Newfoundland and Labrador (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.

             (4)  An order made by the Lieutenant-Governor in Council under subsection (3) shall be considered to have taken effect on June 30, 1996 notwithstanding that the order may have been made or published in the Gazette after that date.

1995 cS-29.1 s4; 1997 c13 s70; 2001 cN-3.1 s2

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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.

1995 cS-29.1 s5

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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.

1995 cS-29.1 s6

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Extension of filing period

        7. (1) 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.

          (1.1)  Subordinate Legislation included in an order made under subsection (1) shall be considered to have remained in force between June 30, 1996 and the date on which it was republished in the Gazette and to have been effective for all purposes during that period as if it had been republished under this Act before July 1, 1996, notwithstanding a decision of a court to the contrary given before the date of coming into force of this subsection.

             (2)  Where subordinate legislation that was not included in a order made under subsection (1) is re-enacted under this Act and published in the Gazette after June 30, 1996, and the subordinate legislation as re-enacted is substantially similar to subordinate legislation in force on June 30, 1996, that subordinate legislation shall be considered to have come into force on that date.

             (3)  Where subordinate legislation that is included in an order made under subsection (1) is re-enacted under this Act and published in the Gazette after December 31, 1996 , and the subordinate legislation as re-enacted is substantially similar to subordinate legislation in force on December 31, 1996 , that subordinate legislation shall be considered to have come into force on that date.

1995 cS-29.1 s7; 1997 c13 s70; 1999 c22 s26

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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.

1995 cS-29.1 s8

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Powers of legislative counsel

        9. In preparing subordinate legislation dealt with under this Act for publication in theGazette, 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.

1995 cS-29.1 s9

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Consolidation of other regulations

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

1995 cS-29.1 s10

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Effect of amendments to regulations

     11. (1) Where by virtue of subordinate legislation made between January 1, 1996 and December 31, 1996 subordinate legislation in force on December 31, 1995 is repealed, amended or otherwise referred to, the repeal, amendment or reference shall be held to be a repeal, amendment or reference of or to the provisions of the Consolidated Regulations of Newfoundland and Labrador, 1996 having the same effect as the provisions of the subordinate legislation in force on December 31, 1995.

             (2)  Subsection (1) is considered to have come into force of December 31, 1995 .

1997 c13 s70; 2001 cN-3.1 s2

©Earl G. Tucker, Queen's Printer