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The Statute Re-enactment Act, 1988

S.M. 1988-89, c. 2

Bill 5, 1st Session, 34th Legislature

The Statute Re-enactment Act, 1988

(Assented to October 19, 1988)

WHEREAS by judgment of the Supreme Court of Canada dated June 13, 1985, the statutes of Manitoba that were not enacted in English and in French were declared to be invalid subject to a period of temporary validity to permit re-enactment in English and in French;

AND WHEREAS by order of the Supreme Court of Canada dated November 4, 1985, the expiry of the period of temporary validity was fixed at December 31, 1988, for the Acts in the Continuing Consolidation of the Statutes of Manitoba and at December 31, 1990 for all other Acts;

AND WHEREAS the Attorney General has caused those Acts set out in the Schedule to be prepared in English and in French;

AND WHEREAS it is expedient to give the statutes set out in the Schedule the force and effect of law;

NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Confirmation of schedule

1(1)        The statutes set out in the Schedule and lettered A to E, are hereby declared to be, and are, law to all intents and purposes as though the schedule and those revised and consolidated statutes therein contained, and the several chapters, parts, and sections thereof, were expressly embodied in, and enacted by, this Act.

Schedule tabled

1(2)        The Schedule including the Statutes lettered A to E has been signed at the beginning by the Attorney-General and tabled in the Legislative Assembly.

Citation

2(1)        The Acts in the Schedule may be cited and referred to in any Act or proceeding either by its title as an Act or as "Statutes of Manitoba, 1988, Chapter____" (inserting the number of the Act as determined under subsection (2)).

Numbers assigned

2(2)        The Legislative Counsel shall assign to each statute set out in the Schedule a chapter number and may insert in the volume of statutes enacted at this session of the Legislature such explanatory notes as the Legislative Counsel considers appropriate.

Repeal

3           The following Acts are repealed:

The Centennial Projects Tax Status Act S.M. 1974, c. 32

The Convention Centre Corporation Act S.M. 1972, c.83

The Greater Winnipeg Gas Distribution Act C.C.S.M. cap. G100

The Health Sciences Centre Act S.M. 1972, c.80

The Succession Duty Act C.C.S.M. cap. S215

Effect of repeal

4           The repeal of the Acts listed in section 3 does not

(a) revive any Act or provision of law repealed by them;

(b) affect any saving clause in the Acts or parts of Acts so repealed; or

(c) prevent the application of any of those Acts or parts of Acts, or of any Act or provision of law formerly in force, to any transaction, matter or thing anterior to the repeal to which they would otherwise apply.

Effect of repeal

5(1)        The repeal of the Acts listed in section 3 does not defeat, disturb, invalidate, or affect

(a) any penalty, forfeiture or liability, civil or criminal, incurred before the time of the repeal or any proceedings for enforcing it had, done, completed, or pending, at the time of the repeal;

(b) any indictment, information, conviction, order, sentence, or prosecution, had, done, completed, or pending, at the time of the repeal;

(c) any action, suit, judgment, decree, certificate, execution, distress, process, order, or rule, or any proceeding, matter, or thing respecting it had, pending, existing, or in force, at the time of the repeal;

(d) any act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter, or thing had, done, made, acquired, established, or existing, at the time of the repeal;

(e) any office, appointment, commission, salary, remuneration, allowance, security, or duty, or any matter or thing appertaining thereto at the time of the repeal; or

(f) any other matter or thing had, done, completed, existing, or pending, at the time of the repeal.

Continuance of existing conditions

5(2)        Every

(a) penalty, forfeiture, and liability to which clause (l)(a) applies;

(b) indictment, information, conviction, order, sentence, and prosecution to which clause (l)(b) applies;

(c) action, suit, judgment, decree, certificate, execution, distress, process, order, rule, proceeding, matter, and thing to which clause (l)(c) applies;

(d) act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter, and thing to which clause (l)(d) applies;

(e) office, appointment, commission, salary, remuneration, allowance, security, duty, matter, and thing to which clause (l)(e) applies; and

(f) matter and thing to which clause (l)(f) applies remains and continues as if the repeal of the Acts set out in section 3 had not taken place, and, so far as necessary, may be continued, prosecuted, enforced, and proceeded with as if that repeal had not taken place.

Operation

6           The Acts in the Schedule shall not be held to operate as new law but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the Acts repealed by section 3 and for which the Acts in the Schedule are substituted.

Effect of insertion of an Act in Schedule

7(1)        The insertion of any Act in the Schedule shall not be construed as a declaration that that Act or any portion of it was, or was not, in force immediately before the coming into force of this Act.

Copies of statutes printed by Queen's Printer

7(2)        Copies of the Acts in the Schedule purporting to be printed by the Queen's Printer are evidence of those Acts in all courts and places whatsoever, without further proof of any kind.

Interpretation

8           Except as otherwise provided in this Act, the rules of construction and interpretation declared by The Interpretation Act apply to the statutes in the Schedule and to this Act.

Publication of this Act

9(1)        Subject to subsection (2), a copy of this Act and the Acts set out in the Schedule shall be printed, bound, and published, with the statutes enacted at the session of the Legislature during which this Act is passed.

Prior publication

9(2)        To ensure compliance with the order of the Supreme Court of Canada, the Queen's Printer may print and publish this Act and the Acts set out in the Schedule in a volume separate from the other statutes enacted at the session of the Legislature during which this Act is passed.

Commencement of Act

10          This Act comes into force on the day it receives the royal assent.

*

NOTE:  Chapter numbers have been assigned under subsection 2(2) of this Act to the Acts set out in the Schedule as follows:

Schedule Title Chapter
A The Centennial Project Tax Status Act 38
B The Convention Center Corporation Act 39
C The Greater Winnipeg Gas Distribution Act 40
D The Health Sciences Centre Act 41
E The Succession Duty Act 42