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- Updated to: October 24,
2012 -
(Includes
Amendments Proclaimed on December 6, 2008)
(Click
HERE for Previous Version of this
Act)
CHAPTER I-8
INTERPRETATION ACT
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Definitions
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1. In this Act |
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Act
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(a)
"Act" means an Act of the Legislature;
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enact
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(b)
"enact" includes to issue, make, establish or prescribe;
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enactment
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(c)
"enactment" means an Act or a regulation or any portion of an Act or
regulation;
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public
officer
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(d)
"public officer" includes any person in the public service of the
province
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(i)
who is authorized by or under an enactment to do or enforce the doing of
an act or thing or to exercise a power, or |
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(ii) upon whom a duty is imposed by or under an enactment;
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regulation
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(e)
"regulation" means a regulation, order, rule, form, tariff of costs or
fees, proclamation or bylaw enacted
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(i) in the execution of a
power conferred by or under the authority of an Act, or |
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(ii)
by or under the authority of the Lieutenant Governor in Council,
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but does
not include an order of a court or an order made by a public officer or
administrative tribunal in a dispute between two or more persons;
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repeal
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(f)
"repeal" includes revoke, cancel or rescind.
1981,c.18,s.1.
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APPLICATION
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Application
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2.
(1) Every provision of this Act extends and applies to every enactment,
whether enacted before or after the commencement of this Act, unless a
contrary intention appears in this Act or in the enactment. |
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Application
to this Act |
(2)
The provisions of this Act apply to the interpretation of this Act. |
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Rules
of construction not excluded
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(3)
Nothing in this Act excludes the application to an enactment of a rule of
construction applicable thereto and not inconsistent with this Act.
1981,c.18,s.2. |
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OPERATION
COMMENCEMENT
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Date
of commencement of Act
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3.
(1) The date of the commencement of an Act or of any portion thereof for
which no other date of commencement is provided in the Act is the date of
assent to the Act.
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Commencement
provision
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(2)
Where an Act contains a provision that the Act or any portion thereof is to
come into force on a day later than the date of assent to the Act or on a day
fixed by proclamation, that provision shall be deemed to have come into force
on the date of assent to the Act.
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Date
of assent
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(3)
In this section, "the date of assent", with reference to an Act that has
been reserved for the signification of the Governor General's pleasure, means
the date of the signification by the Lieutenant Governor that the Governor
General in Council assented to the Act.
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Commencement
of regulation
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(4)
Every regulation which is not expressed to come into force on a particular day
comes into force on the day the regulation is published in the Gazette.
1981,c.18,s.3.
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TIME
OF COMMENCEMENT OR REPEAL
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Time
of commencement
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4.
(1) An enactment shall be construed as commencing at the beginning of the
day on which it comes into force.
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Proclamations
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(2)
Where an Act is to come into force on a day to be fixed by proclamation
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(a)
the proclamation may apply to, and fix a day for the commencement of, any
provision of the Act; and |
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(b)
different days may be proclaimed for different provisions of the Act.
1981,c.18,s.4.
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Repeal
and replacement |
5.
(1) An enactment that is repealed and replaced by a new enactment ceases
to have effect at the time the new enactment commences.
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Expiration
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(2)
Any other enactment ceases to have effect at the end of the day on which it
expires or otherwise ceases to have effect. |
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Expired
enactment deemed repealed
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(3)
An enactment that has expired or otherwise ceased to have effect shall be
deemed repealed for the purposes of this Act.
1981,c.18,s.5. |
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REGULATION
PRIOR TO COMMENCEMENT
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Preliminary
proceedings
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6.
Where an enactment that is not in force contains provisions conferring
power
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(a)
to make regulations; or |
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(b) to do any other thing,
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that
power may be exercised at any time before the enactment comes into force, but
a regulation so made or a thing so done has no effect until the enactment
comes into force except in so far as may be necessary to make the enactment
effective upon its coming into force.
1981,c.18,s.6.
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RULES
OF CONSTRUCTION
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PRIVATE
ACTS
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Effect
of private Acts
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7.
No provision in a private Act affects the rights of any person, except
only as therein mentioned or referred to.
1981,c.18,s.7. |
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ENACTMENT
ALWAYS SPEAKING |
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Enactments
always speaking |
8.
(1) Every enactment shall be construed as always speaking.
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Present
tense
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(2)
Where a provision in an enactment is expressed in the present tense, the
provision shall be applied to the circumstances as they arise.
1981,c.18,s.8.
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ENACTMENTS
REMEDIAL
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Enactments
remedial
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9.
Every enactment shall be construed as being remedial, and shall be given
such fair, large and liberal construction and interpretation as best ensures
the attainment of its objects. 1981,c.18,s.9. |
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PREAMBLES
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Preambles
part of enactments |
10.
The title and preamble of an enactment shall be construed as part thereof
intended to assist in explaining its purport and object.
1981,c.18,s.10.
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MARGINAL
NOTES, ETC.
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Reference
aids not part of enactments |
11.
In an enactment marginal notes and historical references to other
enactments after the end of a section form no part of the enactment, but shall
be construed as being inserted for convenience of reference only.
1981,c.18,s.11.
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APPLICATION
OF DEFINITIONS
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Definitions
and interpretation provisions
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12.
Definitions or interpretation provisions in an enactment shall, unless the
contrary intention appears in the enactment, be construed as being applicable
to the whole enactment including the section containing the definitions
or interpretation provisions.
1981,c.18,s.12. |
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Application
of expressions in enactments to regulations
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13.
Where an enactment confers power to enact regulations, expressions used in
the regulations have the same respective meanings as in the enactment
conferring the power. 1981,c.18,s.13.
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HER
MAJESTY
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Crown
bound
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14.
(1) Unless an Act otherwise specifically provides, every Act and every
regulation made thereunder, is binding on Her Majesty.
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Application
of section
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(2)
This section applies only to Acts enacted after this Act comes into force.
1981,c.18,s.14.
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Proclamations
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15.
(1) Where a proclamation is issued pursuant to an order of the Lieutenant
Governor in Council it is not necessary to mention in the proclamation that it
is issued pursuant to such an order.
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Date
of proclamation
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(2)
Where the Lieutenant Governor in Council has authorized the issue of a
proclamation, the proclamation may purport to have been issued on the day its
issue was so authorized, and the day on which it so purports to have been
issued shall be deemed to be the day on which the proclamation takes effect.
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Judicial
notice of proclamation
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(3)
Where an Act or any portion thereof is expressed to come into force on a day
fixed by proclamation, judicial notice shall be taken of the issue of the
proclamation and the day fixed thereby.
1981,c.18,s.15.
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CORPORATIONS
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Corporate
rights and powers
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16.
Words in an enactment establishing a corporation shall be construed |
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(a)
to vest in the corporation power
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(i)
to sue in its corporate name, |
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(ii) to contract and be contracted with by its corporate name, |
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(iii) to have a common seal and to alter or change it at pleasure, |
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(iv) to have perpetual succession, |
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(v) to acquire and hold real and personal property or movables for the
purposes for which the corporation is established and to alienate the same
at pleasure, and |
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(vi) to regulate its own procedure and business;
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(b)
to make the corporation liable to be sued in its corporate name; |
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(c)
to vest in a majority of the members of the corporation the power to bind
the others by their acts; |
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(d)
to exempt from personal liability for its debts, obligations or acts such
individual members of the corporation as do not contravene the provisions of
the enactment establishing the corporation; |
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(e)
in the case of a corporation having a name consisting of an English
and a French form or a combined English and French form, to
vest in the corporation power to use either the English or French form
of its name or both forms and to show on its seal both the English
and French forms of its name or to have two seals, one showing
the English and the other showing the French form of its name.
1981,c.18,s.16.
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MAJORITY AND QUORUM
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Majority may act
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17. (1) Where in an
enactment an act or thing is required or authorized to be done by more than two persons, a majority of them may do it.
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Quorum
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(2) Where an enactment establishes a board, commission or other body
consisting of three or more members (in this section called the
"association"),
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(a) if the number of members of the association provided for by the
enactment is a fixed number, then at least one-half of that number of members constitutes a quorum at a meeting of the association; |
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(b) if the number of members of the association provided for by the
enactment is not a fixed number, then at least one-half of the number of members in office constitutes a quorum at a meeting of the
association, provided the number of members is within the maximum or minimum number, if any, authorized by the enactment; |
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(c) an act or thing done by a majority of the members of the
association present at a meeting, if the members present constitute a quorum, shall be deemed to have been done by the association; |
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(d) a vacancy in the membership of the association does not
invalidate the constitution of the association or impair the right of the
members in office to act, if the number of members in office is not less than a quorum; |
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(e) a member of the association whose term of office has expired
may continue to act as, and shall be deemed to continue to be, a member of the association until such time as the appointment of his
successor takes effect.
1981,c.18,s.17.
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JUDGES AND COURT OFFICERS
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Powers to judges and court officers
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18. (1) Where by an
enactment judicial or quasi-judicial powers are given to a judge or officer of a court, the judge or officer in exercising the
judicial or quasi-judicial powers given to him by the enactment does so
in his official capacity and representing the court.
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Appeals
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(2) Where under any enactment an appeal is given from any person,
board, commission or other body to a court or judge, the court or judge shall proceed by way of rehearing and the
provisions of Rule 61 of the rules of court shall apply with the necessary changes.
1981,c.18,s.18;
2008,c.20,s.72(48).
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APPOINTMENT, RETIREMENT AND POWERS OF OFFICERS
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Appointments of officers
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19. (1) The authority under an enactment to appoint a public officer is
authority to appoint during pleasure. |
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Effective day of appointment
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(2) Where a person is appointed by or under the authority of an
enactment
to an office effective on a specified day, the appointment shall be
deemed to have been effected immediately upon the commencement of that
day.
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Effective day of
termination
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(3) Where the appointment of a person by or under the authority of an
enactment
is terminated effective on a specified day, the termination shall be
deemed to be effective immediately upon the commencement of that day.
1981,c.18,s.19.
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Included powers
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20. Words in an enactment authorizing the appointment of a public
officer
include power in the appointing authority to
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(a) fix his term of office; |
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(b) terminate his appointment or remove or suspend him; |
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(c) reappoint or reinstate him; |
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(d) fix his remuneration and vary or terminate it; |
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(e) appoint another in his stead or to act in his stead whether or not the
office is vacant; |
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(f) appoint a person as his deputy,
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but this section is subject to the provisions of the Civil Service Act
R.S.P.E.I. 1988, Cap. C-8.
1981,c.18,s.20.
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Power to act for Ministers
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21. (1) Words in an enactment directing or empowering a Minister of the
Crown to do something, or otherwise
applying to him by his name of office,
include
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(a) a Minister designated to act in the office; and |
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(b) the deputy of the Minister.
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Public officer, power to act includes deputy
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(2) Words in an enactment directing or empowering any public officer
to do something, or otherwise applying
to him by his name of office, include
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(a) a person acting for him or appointed to act in the office; and |
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(b) the deputy of the public officer.
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Vacancies
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(3) This section applies whether or not the office of a Minister or
public
officer is vacant.
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Regulation-making
power excluded
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(4)
Subsection (1) does not authorize a deputy of a Minister to enact a regulation.
1981,c.18,s.21. |
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EVIDENCE
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Documentary
evidence
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22.
Where an enactment provides that a document is evidence or proof of a fact
without anything in the context to indicate that the document is conclusive
proof, then, in any judicial proceedings, the document is admissible in evidence
and the fact shall be deemed to be established in the absence of any evidence to
the contrary. 1981,c.18,s.22.
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COMPUTATION
OF TIME
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Application
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23.
(1) This section applies to an enactment and to a deed, conveyance, or other
legal instrument unless specifically provided otherwise in the deed, conveyance,
or other legal instrument.
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Holidays
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(2)
Where the time for doing an act falls or expires on a holiday, the time is
extended to the next day that is not holiday.
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Business
offices
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(3)
Where the time for doing an act in a business office falls or expires on a day
when the office is not open during its regular hours of business, the time is
extended to the next day that the office is open.
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Clear
days, etc.
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(4)
In the calculation of time expressed as clear days, weeks, months, or years, or
as "at least" or "not less than" a number of days, weeks, months, or
years, the first and last day, week, month or year shall be excluded.
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Not
clear days, etc.
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(5)
In the calculation of time not expressed as clear days, or other period of time
not referred to in subsection (4), the first day shall be excluded and the last
day included.
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Where
no corresponding date in month
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(6)
Where, under this section, the calculation of a period of time consisting of a
number of months ends on a day in a month that has no date corresponding to the
first day of the period of time, the time ends on the last day of that month.
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Atlantic
Standard time
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(7)
A specified time of day is a reference to Atlantic Standard time, or four hours
behind Greenwich mean time, unless Daylight Saving Time is being observed on
that day pursuant to section 2 of the Time Uniformity Act R.S.P.E.I.
1988, Cap. T-3.1.
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Attainment
of particular age
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(8)
The time at which a person attains a particular age expressed in years shall be
the commencement of the relevant anniversary of the date of
his birth.
1981,c.18,s.23; 1995,c.41,s.4.
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MISCELLANEOUS
RULES
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Reference
to judge, etc.
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24.
(1) Where in an enactment anything is required or authorized to be done
by or before a judge, justice of the peace or public officer, it shall be
done by or before one whose jurisdiction or powers extend to the place where
that thing is to be done.
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Ancilliary
powers
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(2)
Where in an enactment power is given to a person to do or enforce the
doing of any act or thing, all such powers shall be deemed to be also given
as are necessary to enable the person to do or enforce the doing of the
act or thing.
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Powers
to be exercised as required
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(3)
Where in an enactment a power is conferred or a duty imposed, the power
may be exercised and the duty shall be performed from time to time
as occasion requires.
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Power
to make regulations |
(4)
Where in an enactment a power is conferred to make regulations, the
power shall be construed as including a power exercisable in the like manner,
and subject to the like consent and conditions, if any, to repeal or amend
the regulations and make others.
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Included
powers
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(5)
Where in an enactment the doing of an act that is expressly authorized
is dependent upon the doing of any other act by the Lieutenant Governor
in Council or by a public officer, the Lieutenant Governor in Council
or public officer, as the case may be, has the power to do that other
act.
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Power
to inspect
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(6)
Where in an enactment power is given to a person to inspect or to require the
production of records, the power includes power to make copies or extracts of
those records.
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Affirmation
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(7)
Where in an enactment an oath is required or provided for, the person to be
sworn may substitute for the oath a solemn affirmation in the same form as the
oath with the necessary changes. (1981,c.18 s.24;1987,c.6,s.9).
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Personal
Property Security Act
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24.1
Where, in this Act and every enactment made at the time, before or after the
coming into force of this section, there is a reference to any interest in
personal property to secure the payment or performance of an obligation,
including a charge, lien, mortgage or pledge, that reference, unless the context
otherwise requires, includes a security interest as defined in the Personal
Property Security Act R.S.P.E.I. 1988, Cap. P-3.1. 1977, c.33, Schedule.
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Forms
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25.
(1) Where a form is prescribed by or under an enactment, deviations
therefrom not affecting the substance or calculated to mislead, do not invalidate
the form used.
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Gender
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(2)
In an enactment words importing male persons include female persons
and words importing a female person include a male person, and in
either case include a corporation.
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Number
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(3)
In an enactment words in the singular include the plural, and words in
the plural include the singular.
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Parts
of speech and grammatical forms
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(4)
Where a word or expression is defined in an enactment, other parts of
speech and grammatical forms of the same word or expression have corresponding
meanings.
1981,c.18,s.25.
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General
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26.
In an enactment
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(a)
"act" in relation to an offence or a civil wrong, includes
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(i)
a series of acts, and |
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(ii) an omission or series of omissions;
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(b)
"Act" means an Act of the Legislature;
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(c)
"affidavit" includes an affirmation, a statutory declaration or a solemn
declaration made under the Evidence Act R.S.P.E.I. 1988, Cap. E-11 or
the Canada Evidence Act R.S.C. 1985, Chap. C-5;
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(d)
"Assembly" means the Legislative Assembly of the province;
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(e)
"Auditor General" means the person appointed under the Audit Act
R.S.P.E.I. 1988, Cap. A-24 to hold the office of Auditor General of Prince
Edward Island;
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(f)
"bank" or "chartered bank" means a bank to which the Bank Act
(Canada) R.S.C. 1985, Chap. B-1 applies;
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(g)
"barrister" or "barrister, solicitor and attorney" means a person
entitled to practise under the Law Society and Legal Profession Act
R.S.P.E.I. 1988, Cap. L-6;
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(h)
"commencement" when used with reference to an enactment, means the date
upon which the enactment comes into force;
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(ha)
"court" means the Sppreme Court;
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(hb)
"Court of Appeal" means the Court of Appeal of Prince Edward Island;
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(i)
"Operating Fund" means the Operating Fund of the province;
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(j)
"Criminal Code" means the Criminal Code (Canada) R.S.C. 1985, Chap.
C-46;
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(k)
"deliver", with reference to a notice or other document, includes mail to
or leave with a person, or deposit in a person's mail box or receptacle at the
person's residence or place of business;
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(l)
"Executive Council" means the Executive Council of the province;
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(m)
"functions" includes powers and duties;
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(n)
"Gazette" means the Royal Gazette published by the Queen's Printer
of the province;
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(o)
"Government" or "Government of Prince Edward Island" means Her
Majesty in right of the province;
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(p)
"Government of Canada" means Her Majesty in right of Canada;
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(q)
"Governor", "Governor of Canada" or "Governor General" means
the Governor General of Canada and includes the Administrator
of Canada;
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(r)
"Governor in Council" or "Governor General in Council" means the
Governor General acting by and with the advice of, or by and with
the advice and consent of, or in conjunction with, the Queen's Privy
Council for Canada;
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(s)
"Great Seal" means the Great Seal of the province;
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(t)
"hereafter" shall be construed as referring to the time after the commencement
of the enactment containing that word;
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(u)
"herein" used in a section or part of an enactment, shall be construed
as referring to the whole enactment and not to that section or
part only;
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(v)
"Her Majesty", "His Majesty", "the Queen", "the King", "the Crown" or "the Sovereign" means
the Sovereign of the United Kingdom,
Canada and Her other realms and territories and Head of the
Commonwealth;
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(w)
"holiday" includes
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(i)
Sunday, Christmas Day, Good Friday and Easter Monday, |
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(ii) New Year's Day, Dominion Day, Victoria Day, Labour Day, Remembrance
Day and Boxing Day, and |
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(iii) a day fixed by the Parliament of Canada by the Legislature, or appointed
by proclamation of the Governor General or the Lieutenant Governor to be
observed
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(A)
as a day of general prayer or mourning, |
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(B) as a day of public rejoicing or thanksgiving, |
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(C) as a day for celebrating the birth of the reigning Sovereign, or |
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(D) as a public holiday;
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(x)
"judge" means a judge of the Supreme Court;
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(y)
"justice" means a justice of the peace;
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(z) "land" includes land
covered by water and any building erected on land and any estate, interest,
right or easement in or over any land or building;
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(a.1)
"Legislative Assembly" means the Legislative Assembly of the province
constituted under the Legislative Assembly Act R.S.P.E.I. 1988,
Cap. L-7;
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(b.1)
"Legislature" means the Lieutenant Governor acting by and with
the advice and consent of the Legislative Assembly;
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(c.1)
"Lieutenant Governor" means the Lieutenant Governor of the province
and includes the Administrator of the province;
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(d.1)
"Lieutenant Governor in Council" means the Lieutenant Governor
acting by and with the advice of, or by and with the advice and
consent of, or in conjunction with, the Executive Council;
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(e.1)
"may" is to be construed as permissive and empowering;
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(f.1)
"medical practitioner" means a person entitled to practise under the
Medical Act R.S.P.E.I. 1988, Cap. M-5;
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(f.01)
"member of a police department" means a member of a plice department
as defined in section 1 of the Police Act R.S.P.E.I. 1988, Cap.
P-11.1;
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(f.02)
"member of the Royal Canadian Mounted Police" means a member of the
Royal Canadian Mounted Police as defined in section 1 of the Police Act;
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(g.1)
"Minister" means that member of the Executive Council charged
by Order of the Lieutenant Governor in Council with the administration
of the enactment;
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(h.1)
"minor" means a person under the age of majority;
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(i.1)
"month" means a period calculated from a day in one month to a day
numerically corresponding to that day in the following month;
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(j.1)
"municipality" means, in accordance with the context, either an area
incorporated as a city, town or community or the corporation into which the
residents of the area have been incorporated as a municipality;
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(k.1)
"now" shall be construed as referring to the time of commencement
of the enactment containing the word;
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(l.1)
"oath" includes a solemn affirmation or declaration, whenever the
context applies to any person by whom and in which case a solemn
affirmation or declaration may be made instead of an oath; and
in like cases the expression "sworn" includes the expression "affirmed"
or "declared";
|
| |
(m.1)
"obligation" includes duty and liability;
|
| |
(n.1)
"peace officer" includes
|
| |
|
(i)
a mayor, sheriff and sheriff's officer, |
| |
|
(ii)
a warden, correctional officer, and any other officer or permanent employee
of a penitentiary, prison, or correctional centre,
and |
| |
|
(iii)
a police officer, a security police officer or other person employed
for the preservation and maintenance of the public peace;
|
| |
(o.1)
"person" includes a corporation;
|
| |
(p.1)
"personal representative" includes an executor of a will and an administrator
with or without will annexed of an estate; and, where a personal
representative is also a trustee of part or all of the estate, includes
the personal representative and trustee;
|
| |
(p.01)
"police department" means a police department as defined in section
1 of the Police Act;
|
| |
(p.02)
"police officer" means a police officer as defined in subsection
15(1) of the Police Act;
|
| |
(p.03)
"police service" means a police service as defined in section 1 of
the Police Act;
|
| |
(p.04)
"security police officer" means a security police officer as defined
in section 1 of the Police Act;
|
| |
(r.1)
"proclamation" means a proclamation of the Lieutenant Governor
under the Great Seal;
|
| |
(s.1)
"property" includes any right, title, interest, estate or claim to or in property;
|
| |
(t.1)
"province" means the Province of Prince Edward Island;
|
| |
(t.1a)
"Prothonotary" means the Prothonotary as defined in the
Judicature Act;
|
| |
(u.1)
"province" when used as meaning a part of Canada other than Prince
Edward Island includes the Northwest Territories and the Nunavut
Territory;
|
| |
(v.1)
"provincial court" means the Provincial Court of Prince Edward
Island;
|
| |
(w.1)
"provision of law" means any provision of law which has effect for
the time being in the province, including any statutory provision, any
provision of the common law and any right or power which may be
exercised by virtue of the Royal Prerogative;
|
| |
(x.1)
"record" includes books, documents, maps, drawings, photographs,
letters, vouchers, papers and any other thing on which information
is recorded or stored by any means whether graphic, electronic,
mechanical, or otherwise;
|
| |
(y.1)
"registered mail" includes
|
| |
|
(i)
any mail service; and |
| |
|
(ii) any service provided by a private courier,
|
| |
which
requires a written acknowledgement of receipt upon delivery of
an item mailed or couriered;
|
| |
(z.1)
"Revised Statutes" means the Revised Statutes of Prince Edward
Island 1988;
|
| |
(a.2)
"Revised Regulations" means the Revised Regulations of Prince
Edward Island and includes the continuing office consolidation
thereof;
|
| |
(b.2)
"right" includes power, authority, privilege and license;
|
| |
(c.2)
"rules of court", means the rules of court made by the Rules Committee
continued under subsection 34(1) of the Judicature Act R.S.P.E.I. 1988, Cap.
J-2.1;
|
| |
(d.2)
"savings institution" means a bank, credit union, or a trust company;
|
| |
(e.2)
"shall" is to be construed as imperative;
|
| |
(e.2.1)
"spouse" means a spouse ad defined in clause 29(1)(b) of the
Family Law Act R.S.P.E.I. 1988, Cap. F-2.1;
|
| |
(f.2)
"Supreme Court" means the Supreme Court of Prince Edward Island;
|
| |
(g.2)
"sureties" means sufficient sureties, and "security" means sufficient
security, and, where these words are used, one person shall be
sufficient therefor unless otherwise expressly required;
|
| |
(h.2)
"will" means a will as defined in the Probate Act R.S.P.E.I. 1988, Cap. P-21;
|
| |
(i.2)
"words" includes figures, punctuation marks, and typographical, monetary
and mathematical symbols;
|
| |
(j.2)
"writing" includes words printed, typewritten, painted, engraved,
lithographed, photographed or represented or reproduced by
any mode of representing or reproducing words in visible form;
|
| |
(k.2) "year" means any period of
twelve consecutive months; but a reference to a "calendar year" means a period
of twelve consecutive months commencing on the first day of January, and a
reference by number to a dominical year means a period of twelve consecutive
months commencing on the first day of January of that dominical year.
1981,c.18,s.26; 1983,c.33,s.66;
1997,c.20,s.3; 1999,c.31,s.1; 2000.c.14,s.1; 2006,c.16,s.63(6); 2008,c.20,s.48.
|
|
Common
names
|
27.
In an enactment the name commonly applied to any country, place, body,
corporation, society, officer, functionary, person, party or thing, means
the country, place, body, corporation, society, officer, functionary, person,
party or thing to which the name is commonly applied, although the
name is not the formal or extended designation thereof.
1981,c.18,s.27. |
| |
REFERENCES
AND CITATIONS
|
|
Citation
of Acts
|
28.
(1) In an enactment or document, an Act may be cited by reference to
|
| |
|
(a)
its chapter number in the Revised Statutes; |
| |
|
(b)
its chapter number in the volume of Acts for the year or regnal year
in which it was enacted; |
| |
|
(c)
its chapter number in the continuing office consolidation of the statutes
established under section 31; or |
| |
|
(d)
its title or short title, with or without reference to its chapter number.
|
|
Citation
of regulations
|
(2)
In an enactment or document, a regulation may be cited by reference
to |
|
|
(a)
its title; |
| |
|
(b)
its title and the chapter number and title of the Act under which it was
made; or |
| |
|
(c)
the number or designation assigned to it by Executive Council and
published in the Gazette.
|
|
Citation
includes amendments
|
(3)
In an enactment a citation of or reference to another statutory provision
of the province or of Canada shall be construed as a citation of or
reference to the other statutory provision as amended from time to time whether before or after the commencement
of the enactment in which the citation
or reference occurs.
1981,c.18,s.28. |
|
References
to be inclusive
|
29.
(1) A reference in an enactment to a series of numbers or letters by the first and last numbers or letters of
the series shall be construed as including
the number or letter first mentioned and the number or letter last
mentioned.
|
|
Internal
references
|
(2)
A reference in an enactment to a part, division, section, schedule, appendix
or form shall be construed as a reference to a part, division, section,
schedule, appendix or form of the enactment in which the reference
occurs. |
|
Idem
|
(3)
A reference in an enactment to a subsection, clause, sub-clause, paragraph
or subparagraph shall be construed as a reference to a subsection,
clause, subclause, paragraph or subparagraph of the section, subsection,
clause, subclause or paragraph, as the case may be, in which the reference
occurs.
|
|
Reference
to regulations
|
(4)
A reference in an enactment to regulations shall be construed as a reference
to regulations made under the enactment in which the reference occurs. |
|
Reference
is to enactment as printed by authority
|
(5)
A reference in an enactment by number or letter to any section, subsection,
clause, subclause, paragraph, subparagraph or other division of another
enactment shall be construed as a reference to the section, subsection,
clause, paragraph, subparagraph or other division of such other
enactment as printed by authority of the Queen's Printer Act R.S.P.E.I.
1988, Cap. Q-1.
1981,c.18,s.29.
|
|
Amending
enactments
|
30.
An amending enactment shall be construed as part of the enactment that it
amends. 1981,s.18,s.30.
|
|
Continuing
office consolidation, establishment
|
31.
(1) The Queen's Printer may establish a continuing office consolidation of
the public statutes of the province.
|
|
Form
|
(2)
The continuing office consolidation shall be in such form as the Queen's
Printer may consider advisable.
|
|
Up-dating
continuing office consolidation
|
(3)
The Queen's Printer shall at least once in each year bring the continuing
office consolidation up to date by including therein all amendments to the
public statutes, and all new public statutes, passed by the Legislature that
are not included in the continuing office consolidation with the exception of
those that are spent or have otherwise ceased to have effect.
|
|
Exclusion
of enactments not in force
|
(4)
The Queen's Printer may exclude from the continuing office consolidation any
Act or provision thereof which has not come into force. |
|
Chapter
number assignment of for consolidation
|
(5)
The Queen's Printer may assign to new Acts added to the continuing office
consolidation of the public statutes of the province a chapter number
different from that chapter number assigned to it in the annual volume of
statutes, but the chapter number assigned to it in the continuing office
consolidation shall be in the same form as in the chapter numbering in the Revised
Statutes of Prince Edward Island 1988, and shall reflect the alphabetic
position of the first substantive word of the title in the list of public Acts
included in the continuing office consolidation.
1981,c.18,s.31.
|
| |
REPEAL
AND AMENDMENT
|
|
Repeal
|
32.
Where an enactment is repealed in whole or in part, whether or not another
enactment is substituted for it, the repeal does not
|
| |
|
(a)
revive an enactment or thing not in force or existing immediately before the
time when the repeal takes effect; |
| |
|
(b)
affect the previous operation of the enactment so repealed or anything done
or suffered thereunder; |
| |
|
(c) affect any right,
privilege, obligation or liability acquired, accrued, accruing or incurred
under the enactment so repealed; |
| |
|
(d)
subject to clause 33(1)(d), affect any offence committed against or a
contravention of the provisions of the enactment so repealed, or any
penalty, forfeiture or punishment incurred in respect of or under the
enactment so repealed; or |
| |
|
(e)
subject to clause 33(1)(b), affect any investigation, proceeding or remedy
in respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment,
|
| |
and
subject to subsection 33(1), an investigation, proceeding or remedy as
described in clause (e) may be instituted, continued or enforced and the
penalty, forfeiture or punishment imposed as if the enactment had not been repealed.
1981,c.18,s.32. |
|
Repeal
and replacement
|
33.
(1) Where an enactment (in this section called the "former enactment")
is repealed and another enactment (in this section called the "new
enactment") is substituted therefor,
|
| |
|
(a)
every person acting under the former enactment shall continue to act
as if appointed or elected under the new enactment until another is
appointed or elected in his stead; |
| |
|
(b)
every proceeding commenced under the former enactment shall be
continued under and in conformity with the new enactment so far as
it may be done consistently with the new enactment; |
| |
|
(c)
the procedure established by the new enactment shall be followed as
far as it can be adapted thereto
|
| |
|
|
(i)
in the recovery or enforcement of penalties and forfeitures incurred
under the former enactment, |
| |
|
|
(ii) in the enforcement of
rights existing or accruing under the former enactment, and |
| |
|
|
(iii)
in a proceeding in relation to matters that have happened before
the repeal;
|
| |
|
(d)
when any penalty, forfeiture or punishment is reduced or mitigated
by the new enactment, the penalty, forfeiture or punishment
if imposed or adjudged after the repeal shall be reduced or
mitigated accordingly; |
| |
|
(e)
all regulations made under the former enactment remain in force and
shall be deemed to have been made under the new enactment in so
far as they are not inconsistent with the new enactment, until they are
repealed or others made in their stead; and |
| |
|
(f)
any reference in an unrepealed enactment to the former enactment shall,
as regards a subsequent transaction, matter or thing, be construed
as a reference to the provisions of the new enactment relating
to the same subject matter as the former enactment, but where
there are no provisions in the new enactment relating to the same
subject matter, the former enactment shall be construed as being
unrepealed in so far as is necessary to maintain or give effect to
the unrepealed enactment.
|
|
Reference
to repealed enactments of Canada
|
(2)
Where an enactment of Canada is repealed in whole or in part and other
provisions are substituted by way of amendment, revision or consolidation,
a reference in an enactment of Prince Edward Island to the repealed
enactment shall, as regards a subsequent transaction, matter or thing
be construed to be a reference to the provisions of the substituted enactment
relating to the same subject matter as the repealed enactment.
1981,c.18,s.33.
|
|
Repeal of
regulations |
(3) The Lieutenant Governor in
Council may, by regulation, repeal a regulation for which the statutory
authority to make the regulation has been repealed, has expired or is spent.
2000,c.13.s.1. |
|
No
implications from repeal
|
34.
(1) The repeal of an enactment in whole or in part,
the repeal of an enactment
and the substitution therefor of another enactment or the amendment
of an enactment shall not be construed to be or to involve
|
| |
|
(a)
a declaration that the enactment was or was considered by the Legislature
or other body or person by whom the enactment was enacted
to have been previously in force; or |
| |
|
(b)
a declaration as to the previous state of the law.
|
|
Amendment
does not imply a change in law
|
(2)
The amendment of an enactment shall not be construed to be or to involve
a declaration that the law under the enactment prior to the amendment
thereof was or was considered by the Legislature or other body
or person by whom the enactment was enacted to have been different
from the law as it is under the enactment as amended.
|
|
Judicial
construction not adopted
|
(3)
A re-enactment, revision, consolidation or amendment of an enactment
shall not be construed to be or to involve an adoption of the construction
that has by judicial decision or otherwise been placed upon the
language used in the enactment or upon similar language. 1981, c.18, s.34.
|
|
Effect
of revision on unproclaimed Acts
|
35.
(1) Where any provision of an Act which comes into
force on proclamation
is enacted prior to the coming into force of the new law and repeals
or amends any provision of the old law or inserts any new provision
therein, the repeal, amendment or insertion made by that provision
to or in terms of the old law shall be deemed to have been made to
or in terms of the corresponding provision of the new law with effect from
the date on which the relevant provision of that Act is proclaimed.
|
|
Definitions
|
(2)
In subsection (1)
|
| |
"new
law" means the Revised Statutes of Prince Edward Island 1974 or
any subsequent revision of the statutes of Prince Edward Island;
|
| |
"old
law" means the statutes in force prior to the coming into force of the
Revised Statutes of Prince Edward Island 1974 or of any subsequent
revision of the statutes of Prince Edward Island.
1981,c.18,s.35.
|
| |
MISCELLANEOUS
|
|
Arbitration
|
36.
Where an enactment or any order made in pursuance
of an enactment provides
that a matter, dispute, or question shall be decided by arbitration, or under
or pursuant to the Arbitration Act R.S.P.E.I. 1988, Cap. A-17, the
provision shall be deemed to be a submission within the meaning of the Arbitration
Act. 1981,c.18,s.36. |
|
Legal matters
|
37.
Repealed by 2008,c.20,s. 1981,c.18,s.37;
2008,c.20,s72(48).
|
|
Regulations
|
38.
(1) Where an enactment provides that the Lieutenant Governor in Council or
any other person may make regulations, the enactment shall be construed as
empowering the Lieutenant Governor in Council or such other person, for the
purpose of carrying out the provisions of the enactment according to their
intent,
|
| |
|
(a)
to make such regulations as are considered necessary and advisable, are
ancillary thereto, and are not inconsistent therewith; |
| |
|
(b) to provide for administrative and procedural matters for which no
express, or only partial, provision has been made;
|
| |
|
(c) to limit the application of a regulation as to time or place or both; |
| |
|
(d) to prescribe the amount of any fee authorized by the enactment; |
| |
|
(e) to provide, with respect
to any provision of a regulation made or approved by the Lieutenant Governor in Council, that its contravention
constitutes an offence; and |
| |
|
(f) to provide that a person who is guilty of an offence created under
clause (e) is liable to a penalty specified in the regulations.
|
|
Idem
|
(2)
Every regulation made under the authority of an enactment has the force of
law.
1981,c.18,s.38.
|
|
Application
|
39.
Where an enactment provides that another enactment applies, it applies
with the necessary changes and so far as it is applicable.
1981,c.18,s.39.
|
|
_______ |