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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. I80
The Interpretation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"enactment" means an Act or a regulation or any portion of an Act or a regulation, and as applied to a territory of Canada, includes an Ordinance of the territory; ("texte")
"public officer" includes any person in the public service of the government,
(a) who is authorized to do, or enforce the doing, of any act or thing or to exercise any power, or
(b) upon whom any duty is imposed, by or under any public Act; ("officier public" )
"regulation" includes any rule, rule of court, order prescribing regulations, tariff of costs or fees, form, by-law, resolution, or order made in the execution of a power given by an enactment; ("règlement") and
"repeal" includes revoke or cancel. ("abroger" )
For the purposes of this Act, an enactment that has expired or lapsed or otherwise ceased to have effect shall be deemed to be repealed.
APPLICATION
Every provision of this Act extends and applies to every enactment, unless a contrary intention appears, enacted or made before or after the commencement of this Act.
Interpretation sections subject to exceptions.
Where an enactment contains an interpretation section or provision, it shall be read and construed as being applicable only if the contrary intention does not appear.
The provisions of this Act apply to the interpretation of this Act.
Nothing in this Act shall be construed to exclude the application to any enactment of a rule of construction applicable thereto and not inconsistent with this Act.
FORM OF ENACTING
The enacting clause of a statute may be in the following form: "Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:".
The enacting clause shall follow the setting forth, if any, of the considerations or reasons upon which the law is grounded, and shall, with the considerations or reasons, constitute the preamble, and the various provisions of the statute shall follow in a concise and enunciative form.
The preamble of an Act and schedules, forms, and tariffs, referred to in an Act, or made under the authority thereof, are each part thereof.
COMMENCEMENT OF ACTS
Endorsement of assent or reservation of Act.
The Clerk of the Legislative Assembly shall enter on every Act of the Legislature, immediately after its title, the day, month, and year when it was assented to or reserved by the Lieutenant Governor.
Endorsement when Act reserved.
When an Act is reserved, the clerk shall also enter thereon the day, month, and year, when the Lieutenant Governor signifies either by speech or message to the Legislative Assembly, or by proclamation, that it was laid before the Governor General in Council and that the Governor General in Council was pleased to assent thereto; and the entry shall be part of the Act.
Coming into force of Acts when no time specified.
If no other date of commencement is provided in an Act, the 60th day after the day of assent, or when the Act is reserved the 10th day after the publication in The Manitoba Gazette of notice of the signification, shall be the day of its commencement.
OPERATION
Where an enactment is expressed to come into force or operation on a particular day, or on a day fixed by proclamation or otherwise, it shall be construed as coming into force or operation immediately on the expiration of the previous day; and where an enactment is expressed to expire, lapse or otherwise cease to have effect on a particular day, it shall be construed as ceasing to have effect immediately on the commencement of the following day.
Where an enactment is not to come into force or operation immediately on its being passed or made and it confers power,
(a) to make appointments;
(b) to hold elections;
(c) to make regulations;
(d) to make, grant or issue instruments;
(e) to give notices;
(f) to prescribe forms; or
(g) to do any other thing;
that power may, for the purpose of making the enactment effective upon its commencement, be exercised at any time after the passing or making thereof, but a regulation made thereunder before the commencement of the enactment has no effect until the commencement of the enactment, except in so far as may be necessary to make the enactment effective upon its commencement.
Proclamation of portions of Acts, etc.
Where an enactment is to come into force on a day fixed by proclamation, the proclamation may apply to, and fix a day for the coming into force of, any part, section, or portion, of the enactment; and proclamations may be issued at different times as to any part, section, or portion, of the enactment.
Effective date of coming into force section.
Where, under a provision of an Act, the Act or any part thereof is to come into force on a day fixed by proclamation, that provision unless it is otherwise expressly provided, shall be conclusively deemed to come into force on the day on which the royal assent is given to the Act.
CONSTRUCTION
Whenever by an enactment judicial or quasi-judicial powers are given to a judge or officer of a court, the judge or officer shall be conclusively deemed to exercise such power in his official capacity and as representing the court to which he is attached; and he may for the purpose of performing the duties imposed upon him by the enactment, subject to the provisions thereof, exercise the powers he possesses as a judge or officer of the court.
Without restricting the generality of subsection (1), where under any Act an appeal is given from any person, board, commission, or other body to a court or judge, unless otherwise specifically provided in that Act, an appeal lies from the decision of the court or judge as in the case of any other action, matter, or proceeding, in that court or in the court of which the judge is a member.
Proceedings by one judge continued by another.
Where any enactment of Manitoba or any law in force in Manitoba provides that any proceeding, matter, or thing, shall be done by or before a judge, the term "judge" in all such cases means a judge of the court mentioned or referred to in the enactment; and any proceeding, matter, or thing, when properly commenced before a judge, may be continued or completed before any other judge of the same court.
The law shall be considered as always speaking, and whenever a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise so that effect may be given to each enactment and every part thereof according to its true spirit, intent, and meaning.
"Now", "next", "heretofore", "hereafter".
The expression "now", "next", "heretofore" or "hereafter" shall be interpreted as having reference to the time when the enactment or the part or provision thereof containing the expression came into force.
The expression "shall" shall be read as imperative and the expression "may" as permissive and empowering.
The expression "herein" used in a section or provision of an enactment relates to the whole enactment and not to that section or provision only.
Definitions or rules of interpretation contained in an enactment, unless the contrary intention appears, apply to the construction of the provisions of the enactment that contain those definitions or rules of interpretation, as well as to the other provisions of the enactment.
No provision in a private Act affects the rights of a person except only as therein mentioned or referred to.
The provisions of an enactment do not affect litigation pending at the time of its enactment unless it is so expressly stated therein.
The preamble of an enactment shall be read as a part thereof intended to assist in explaining its purport and object.
Supplementary matters forming no part of Act.
The marginal notes, and the notes and headings in the body of an enactment, and the references to former enactments, and the tables of contents printed following the long title, form no part of the enactment but shall be deemed to be inserted for convenience of reference only.
Every enactment shall be deemed remedial, and shall be given such fair, large, and liberal construction and interpretation as best insures the attainment of its objects.
Words in regulations to have same meaning as in enactment
Where an enactment confers power to make regulations or to grant, make or issue an order, writ, warrant, scheme, or letters patent, expressions used therein shall, unless the contrary intention appears, have the same respective meanings as in the enactment conferring the power.
Right to prerogative writs not affected.
Where an Act confers power to make regulations and
(a) provides that regulations made thereunder shall be, or shall be deemed to be, part of the Act, or shall be construed, or shall have effect, or shall have the force of law, as if enacted as part of the Act; or
(b) contains a provision of like import or effect to those mentioned in clause (a);
the provision shall not, unless otherwise specifically stated in the Act, limit the right of any person to apply for and obtain an order of certiorari, mandamus, injunction, or prohibition.
Her Majesty not bound unless named.
No enactment is binding on Her Majesty or affects Her Majesty or Her Majesty's rights or prerogatives in any manner unless it is expressly stated therein that Her Majesty is bound thereby.
Powers vested in corporations.
Words in an enactment establishing a corporation,
(a) vest in the corporation power to sue and be sued, to contract and be contracted with by its corporate name, to have a common seal and to alter or change it at pleasure, to have perpetual succession, to acquire and hold personal property or movables for the purposes for which the corporation is constituted and to alienate the same at pleasure;
(b) vest in a majority of the members of the corporation the power to bind the others by their acts; and
(c) exempt from personal liability for its debt, obligations, or acts such individual members of the corporation as do not contravene the provisions of the enactment incorporating them.
Where the Lieutenant Governor is authorized to do an act by proclamation, it is to be understood that the proclamation is a proclamation issued under an order of the Lieutenant Governor in Council, but it is not necessary to mention in the proclamation that it is issued under the order.
Public officers hold office during pleasure.
Every public officer appointed before or after the commencement of this Act by or under the authority of an enactment or otherwise, holds office during pleasure only, unless it is otherwise expressed in the enactment or in his commission or appointment.
Implied power re public officers.
Words authorizing the appointment of a public officer include the power of,
(a) removing or suspending him:
(b) re-appointing or reinstating him;
(c) appointing his deputy;
(d) appointing another in his stead or to act in his stead;
(e) fixing, and authorizing the payment of, his remuneration and varying or terminating it; and
(f) fixing, and authorizing the payment of, the reasonable expenses the public officer necessarily incurs in carrying out the powers, duties and functions relating to the appointment, and varying or terminating those expenses;
in the discretion of the authority in whom power of appointment is vested.
Words directing or empowering a public officer to do any act or thing, or otherwise applying to him by his name of office, include his successors in the office and his or their deputy.
Implied power to deputy or successor to minister.
Words directing or empowering a minister of the Crown to do an act or thing, or otherwise applying to him by his name of office, include
(a) a minister acting for him;
(b) if the office is vacant, a minister designated to act in the office by or under the authority of an order in council;
(c) his successors in office; and
(d) his deputy.
Power of public officer may be exercised by holder of office.
Where a power is conferred or a duty imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the execution of the powers and duties of the office.
Exercise of powers delegated by minister of the Crown.
Where, under any Act of the Legislature, a minister of the Crown is authorized to delegate to any other person, any power or authority granted to, or vested in, him by an Act of the Legislature, words in any Act of the Legislature granting to, or vesting in, that minister any power or authority or referring to him by name of his office, extend to and include any person to whom the minister may have, as so authorized, delegated such power or authority if the power or authority so granted or vested is included in the power or authority so delegated.
In this section "deputy" means a person appointed by, or under a power conferred by, a statute as a deputy minister of the Crown or as the deputy of any other public officer.
In an enactment,
(a) where anything is directed to be done by or before a public officer, it shall be done by or before one whose jurisdiction or power extends to the place where such thing is to be done;
(b) where power is given to the Lieutenant Governor in Council or a public officer to do, or enforce the doing of, any act or thing, all such powers shall be deemed also to be given as are necessary to enable him to do or enforce the doing of the act or thing;
(c) where 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;
(d) where any act or thing is required to be done by more than two persons, a majority may do it;
(e) where 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;
(f) where power is conferred to make regulations, the power shall be construed as including power, exercisable in like manner and subject to like consent and conditions, if any, to rescind, revoke, amend or vary the regulations and make others;
(g) where a form is prescribed, deviations therefrom not affecting the substance or calculated to mislead, do not invalidate the form used;
(h) words importing male persons include female persons and corporations and words importing female persons include male persons and corporations;
(i) words in the singular include the plural, and words in the plural include the singular;
(j) where a word is defined, other parts of speech and tenses of that word have corresponding meanings;
(k) where the time limited for the doing of anything under its provisions, expires or falls upon a holiday, the time so limited extends to, and the thing may be done, on the first following day that is not a holiday; but if that day is also part of the time so limited that time shall be extended to, and the thing may be done on, the day next following the end of the time so limited that is not a holiday;
(l) where a period of time dating from a given day, act, or event is prescribed or allowed for any purpose, the time shall, unless the contrary intention appears, be reckoned exclusively of such day or of the day of such act or event;
(m) a reference to time is to be deemed a reference to official time required to be used and observed under The Official Time Act;
(n) a reference to any city, town, village, rural municipality, local government district, school district, school area, or school division, shall be deemed a reference to that city, town, village, rural municipality, local government district, school district school area or school division as it is constituted, and as its boundaries are established, from time to time.
Extension of time for filing, etc.
Where, under any Act of the Legislature, the time limited for the registration or filing of any instrument, or for the doing of any thing, expires or falls on a day on which, pursuant to any statute or law in force in the province, the office or place in which the instrument or thing is required or authorized to be filed or done, is closed, the time so limited extends to, and the instrument or thing may be filed or done, on the first following day on which the office is open.
REFERENCES
In an enactment or document, an Act of the Legislature or of any other province or territory of Canada or of Canada may be cited by reference to its title or its short title, if any, either with or without reference to the chapter, or by reference to the number of the chapter of the Revised Statutes or Revised Ordinances or of the Statutes or Ordinances for the year of Our Lord or the regnal year in which the Act was passed.
A citation of or reference to an Act of the Legislature or of any other province or territory of Canada or of Canada shall be deemed to be a citation of or reference to the Act as amended.
Reference to sections by numbers to be inclusive.
A reference in an enactment by number or letter to two or more Parts, divisions, sections, subsections, paragraphs, sub-paragraphs, clauses, sub-clauses, schedules, or forms in an enactment shall be read as including the number or letter first mentioned and the number or letter last mentioned.
References in an enactment to parts thereof.
A reference in an enactment to a Part, division, section, schedule or form shall, unless the contrary intention appears, be read as a reference to a Part, division, section, schedule, or form of the enactment in which the reference occurs.
A reference in an enactment to a subsection, paragraph, sub-paragraph, clause, or sub-clause shall, unless the contrary intention appears, be read as a reference to a subsection, paragraph, sub-paragraph, clause, or sub-clause of the section, subsection, paragraph, sub-paragraph, or clause, as the case may be, in which the reference occurs.
A reference in an enactment to regulations shall, unless the contrary intention appears, be read as a reference to regulations made under the enactment in which the reference occurs.
A reference in an enactment by number or letter to any section, subsection, paragraph, sub-paragraph, clause, sub-clause, or other division or line of another enactment shall be read as a reference to the section, subsection, paragraph, sub-paragraph, clause, sub-clause, or other division or line of such other enactment as printed by authority of law.
WORDS AND PHRASES
In an enactment, the words and expressions defined in subsection 1(1) have the meanings given them therein, and the expression
"assembly" means the Legislative Assembly of the province; ("Assemblée")
"bank" or "chartered bank" means a bank to which the Bank Act (Canada) applies, and includes a branch, agency, and office of a bank; ("banque")
"book" includes a loose-leaf book or binder; ("livre")
"city" means a city, as defined by The Municipal Act, and includes a city having a special charter; ("cité")
"Commonwealth" means the association of countries named in the Schedule, and includes the dependencies, colonies, protectorates, protected states, condominiums and trust territories of any one or more of them; and "country in the Commonwealth" includes the dependencies, colonies, protectorates, protected states, condominiums, and trust territories aforesaid; ("Commonwealth")
"Consolidated Fund" means the Consolidated Fund as prescribed in The Financial Administration Act; ("Trésor")
"Continuing Consolidation of the Statutes of Manitoba" means the Revised Statutes as they are altered from time to time by the amendment of any of the provisions thereof, or the repeal of Acts included therein, or the addition of new Acts which the Legislature authorizes to be cited as chapters of the Continuing Consolidation of the Statutes of Manitoba; ("Codification permanente des lois du Manitoba")
"Court of Queen's Bench" or "Queen's Bench" means Her Majesty's Court of Queen's Bench for Manitoba; ("Cour du Banc de la Reine" )
"credit union" means a credit union or caisse populaire to which The Credit Unions and Caisses Populaires Act applies; ("caisse populaire")
"district registrar" means a district registrar appointed under The Real Property Act; ("registraire de district")
"duly qualified medical practitioner" or any other words or expression importing legal recognition of any person as a medical practitioner or member of the medical profession means a person registered under The Medical Act; ("médecin")
"electoral division" means any territorial division or district entitled to return a member of the Legislative Assembly of Manitoba; ("circonscription électorale")
"Executive Council" means the Executive Council of the Province of Manitoba; ("Conseil exécutif)
"gazette" means The Manitoba Gazette published by the Queen's Printer of Manitoba: ("Gazette")
"government" means Her Majesty the Queen, acting for the Province of Manitoba; ("gouvernement")
"Government of Canada" means Her Majesty the Queen acting for Canada: ("gouvernement du Canada")
"Governor" "Governor of Canada" or "Governor-General" means the Governor-General of Canada, or the chief executive officer or administrator carrying on the government of Canada on behalf and in the name of the Sovereign, by whatever title he is designated; ("gouverneur", "gouverneur du Canada" et "gouverneur général")
"Governor in Council" or "Governor-General in Council" means the Governor-General of Canada, or person administering the Government of Canada, 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; ("gouverneur en conseil" et "gouverneur général en conseil" )
"great seal" means the Great Seal of the Province of Manitoba; ("Grand Sceau")
"Her Majesty" "His Majesty", "the Queen" , "the King" or "the Crown" means the Sovereign of the United Kingdom, Canada and Her other realms and territories, and Head of the Commonwealth; ("Sa Majesté" , "la Reine", "le Roi" et "la Couronne")
"Her Majesty's dominions" means the Commonwealth; ("les pays de Sa Majesté" )
"holiday" subject to subsection (2), includes Sunday, New Year's Day, Good Friday, Victoria Day, Dominion Day, Labour Day, Remembrance Day, Christmas Day, the 26th day of December, (which shall be a non-juridical day) the birthday of the reigning sovereign or the day appointed for the celebration of the birth of the reigning sovereign, and any day appointed by any law in force in the province or by proclamation of the Governor-General or of the Lieutenant Governor as a general holiday; ("jour férié" )
"international system of units (SI)" means the basic, supplementary and derived units of measurement set out and defined in Schedule 1 of the Weights and Measures Act (Canada); ("système international d'unités")
"judicial centre" means a judicial centre designated as such under The Queen's Bench Act; ("centre judiciaire")
"judicial district" means a judicial district of the province as defined on July 1, 1983; ("district judiciaire")
"justice" means a justice of the peace and includes a magistrate and a provincial judge; ("juge de paix")
"land titles district" means a land titles district established under The Real Property Act; ("district d'enregistrement des titres fonciers")
"land titles office" means a land titles office established under The Real Property Act; ("bureau des titres fonciers")
"Legislature" means the Lieutenant Governor acting by and with the advice and consent of the Legislative Assembly of the province; ("Législature")
"Lieutenant Governor" means the Lieutenant Governor of the province or the chief executive officer or administrator carrying on the government of the province on behalf and in the name of the Sovereign by whatever title he is designated; ("lieutenant-gouverneur" )
"Lieutenant Governor in Council" means the Lieutenant Governor of the province or person administering the government of the province, acting by and with the advice of the Executive Council of the province; ("lieutenant-gouverneur en conseil" )
"local government district" means a local government district incorporated and established under The Local Government Districts Act; ("district d'administration locale")
"magistrate" or "police magistrate" means a magistrate appointed under The Provincial Court Act and includes a provincial judge; ("magistrat" et "magistrat de police")
"medical examiner" means a medical examiner or the chief medical examiner appointed under The Fatality Inquiries Act; ("médecin légiste")
"month" means calendar month; ("mois")
"municipal clerk" or "clerk" as applied to an officer of a municipal corporation, means a clerk or secretary of a municipal corporation, and includes a secretary-treasurer where the offices of clerk and treasurer are combined, and acting clerk or acting secretary-treasurer, or vice versa; ("greffier municipal" et "greffier")
"Municipal Commissioner" means the Minister of Municipal Affairs; ("Commissaire aux municipalités")
"municipal council" means the council exercising the powers of a municipal corporation under The Municipal Act or any other Act relating to municipal institutions; ("conseil municipal")
"municipality" means any locality, the inhabitants of which are incorporated and continued under the authority of The Municipal Act or some other Act of the Legislature and includes a rural municipality and an incorporated city, town, and village and where the context requires, includes an area comprised in any municipality; but does not include a local government district; ("municipalité")
"oath" or "affidavit" in the case of persons for the time being allowed or required by law to affirm or declare instead of swearing, includes affirmation and declaration; ("serment" ou "affidavit")
"peace officer" includes
(a) a mayor, reeve, sheriff, deputy sheriff, sheriffs officer, and a justice of the peace;
(b) a warden deputy warden, instructor, keeper, gaoler, and guard of a penitentiary, gaol, or detention home, and any other officer or person who is in the service of the government and is employed in a penitentiary, gaol, or detention home;
(c) a police officer, police constable, constable, bailiff, bailiff's officer, and any other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process;
(d) a member of the Royal Canadian Mounted Police Force; and
(e) a person appointed under any Act for the enforcement of that Act; ("agent de la paix")
"person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person; ("personne")
"proclamation" means a proclamation of the Lieutenant Governor under the great seal issued pursuant to an order of the Lieutenant Governor in Council; ("proclamation" )
"province" means the Province of Manitoba; ("province")
"Provincial Auditor" means the Provincial Auditor appointed under The Provincial Auditor's Act and includes the officers or clerks acting under his direction; ("vérificateur provincial")
"provincial judge" means a judge of The Provincial Court of Manitoba; ("juge provincial")
"registered dentist" means a person holding a valid and unexpired certificate of registration under The Dental Association Act; ("dentiste" )
"registered mail" includes certified mail and "certified mail" includes registered mail and "registered letter" and "certified letter" mean a letter that is sent by registered mail or by certified mail; ("courrier recommandé" )
"Registrar-General" means the Registrar-General appointed under The Real Property Act; ("registraire général")
"registration district" means a registration district established under The Registry Act; ("district d'enregistrement")
"registry office" means a registry office established under The Registry Act; ("bureau du registre foncier")
"Revised Statutes" means the latest revised and consolidated statutes of the province; ("Lois refondues")
"rural municipality" means a rural municipality as defined by The Municipal Act; ("municipalité rurale")
"security" means sufficient security; ("sûreté")
"statutory declaration" or "solemn declaration" means a solemn declaration made pursuant to The Manitoba Evidence Act; ("déclaration solennelle")
"subject of Her Majesty" includes any person who, under the law of any country in the Commonwealth, is a citizen of that country; ("sujet de Sa Majesté")
"surety" means a sufficient surety; ("caution" )
"swear" includes affirm and declare; ("prêter serment")
"town" means a town, as defined by The Municipal Act; ("ville")
"two justices" means two or more justices of the peace assembled or acting together; ("deux juges de paix")
"United Kingdom" means Great Britain and Northern Ireland; ("Royaume-Uni")
"United States" means the United States of America; ("États-Unis")
"unorganized territory" means any part of the province that is not in a municipality, and includes the area of a disorganized municipality; ("territoire non organisé")
"village" means a village as defined by The Municipal Act; ("village")
"will" includes codicil; ("testament")
"writing" includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any mode of representing or reproducing words in a visible form; ("écrit") and
"year" means calendar year. ("année")
Whenever a holiday, other than Remembrance Day or Sunday, falls on a Sunday the expression "holiday" includes the following day; and when Christmas Day falls upon a Sunday the 27 th day of December is a holiday.
Where December 26th or 27th is a holiday, it may be known and described as: "Boxing Day".
Common names of countries, etc.
In an enactment a name commonly applied to a 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.
REPEAL AND AMENDMENT
An Act shall be construed as reserving to the Legislature the power of repealing or amending it and revoking, restricting, or modifying a power, privilege, or advantage thereby vested in, or granted to, a person.
An Act may be amended or repealed by an Act passed in the same session.
An amending enactment, so far as consistent with the tenor thereof, shall be construed as part of the enactment that it amends.
Where an enactment is repealed in whole or in part, the repeal does not,
(a) revive an enactment or thing not in force or existing at the time when the repeal takes place;
(b) affect the previous operation of the enactment so repealed or anything duly done or suffered thereunder;
(c) affect a right, privilege, obligation, or liability acquired, accrued, accruing, or incurred under the enactment so repealed;
(d) affect an offence committed against, or a violation of, the provisions of the enactment so repealed, or any penalty, forfeiture, or punishment incurred in respect thereof; or
(e) affect an investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment, and an investigation, legal proceeding, or remedy, of the kind 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.
Where an enactment is repealed in whole or in part and other provisions are substituted therefor,
(a) every person acting under the enactment so repealed shall continue to act as if appointed under the provisions so substituted until another is appointed in his stead;
(b) every bond and security given by a person appointed under the enactment so repealed remains in force, and all offices, books, papers, and things made or used under the repealed enactment shall continue to be used as before the repeal as far as consistent with the substituted provisions;
(c) every proceeding taken under the enactment so repealed shall be taken up and continued under, and in conformity with, the provisions so substituted, as far as consistently may be;
(d) in the recovery or enforcement of penalties and forfeitures incurred, and in the enforcement of rights, existing or accruing under the enactment so repealed or in a proceeding in relation to matters that have happened before the repeal, the procedure established by the substituted provisions shall be followed as far as it can be adapted thereto; and
(e) when any penalty, forfeiture, or punishment is reduced or mitigated by any of the provisions so substituted, the penalty, forfeiture, or punishment, if imposed or adjudged after the repeal, shall be reduced or mitigated accordingly.
References where enactment replaced.
Where an enactment is repealed in whole or in part and other provisions are substituted by way of amendment, revision, or consolidation,
(a) all regulations made under the repealed enactment remain in force, in so far as they are not inconsistent with the substituted enactment, until they are annulled or others are made in their stead; and
(b) a reference, in an unrepealed enactment to the repealed enactment, shall, as regards a subsequent transaction, matter, or thing, be read as a reference to the provisions of the substituted enactment relating to the same subject-matter as the repealed enactment; but where there are no provisions in the substituted enactment relating to the same subject-matter, the repealed enactment shall be read as unrepealed as far as is necessary to maintain or ive effect to the unrepealed enactments.
Repeal does not imply enactment was in force.
The repeal of an enactment in whole or in part shall not be deemed to be, or to involve, a declaration that the enactment was, or was considered by the Legislature or other body or person by whom the enactment was passed or made to have been, previously in force.
Amendment does not imply change in law.
The amendment of an enactment shall not be deemed to be, or to involve, a declaration that the law under the enactment was, or was considered by the Legislature or other body or person by whom the enactment was passed or made to have been, different from the law as it is under the enactment as amended.
Repeal does not declare previous law.
The repeal of an enactment in whole or in part or the amendment of an enactment shall not be deemed to be, or to involve, a declaration as to the previous state of the law.
Judicial construction not adopted.
A re-enactment, revision, consolidation, or amendment of an enactment shall not be deemed to be 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.
GENERAL
Pecuniary penalties may be recovered by civil action.
Where a pecuniary penalty or a forfeiture is imposed for contravention of an enactment, if no other mode is prescribed for the recovery thereof, the penalty or forfeiture may be recovered with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself, in any form of action allowed in such a case by the law of the province, before any court having jurisdiction to the amount of the penalty in cases of simple contract, upon the evidence of any one credible witness; and if no other provision is made for the appropriation of the penalty or forfeiture, 1/2 thereof shall belong to the Crown, and the other 1/2 shall belong to the private plaintiff, if any there is, and, if there is none, the whole shall belong to the Crown.
Penalties, etc., to go to the revenue of government.
Any duty, penalty, or sum of money, or the proceeds of any forfeiture, that is by any enactment or law given to the Crown, shall, if no other provision is made respecting it, form part of the revenue of the government, and be accounted for and otherwise dealt with accordingly.
Expenditure of appropriated public money.
Where a sum of the public money is by any Act appropriated for any purpose, or directed to be paid by the Lieutenant Governor, if no other provision is made respecting it, the sum shall be payable under warrant of the Lieutenant Governor, directed to the Minister of Finance, out of the Consolidated Fund; and all persons entrusted with the expenditure of any sum, or any part thereof, shall account for it in such manner and form, with such vouchers at such periods, and to such officers, as the Lieutenant Governor may direct.
SCHEDULE
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