Interpretation Act

en-CA · official · sha256:f33ec8a09b501d397070f74ae502ace983748bd499af15e7110819500da97b3bEN-CA

27 (1) Where there is a reference to a number of clear days or “at least” a number of days between two events, in calculating that number of days the days on which the events happen are excluded. Marginal note: Not clear days (2) Where there is a reference to a number of days, not expressed to be clear days, between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included. Marginal note: Beginning and ending of prescribed periods (3) Where a time is expressed to begin or end at, on or with a specified day, or to continue to or until a specified day, the time includes that day. Marginal note: After specified day (4) Where a time is expressed to begin after or to be from a specified day, the time does not include that day. Marginal note: Within a time (5) Where anything is to be done within a time after, from, of or before a specified day, the time does not include that day. R.S., c. I-23, s. 25

Ссылаются нормы: ClearDaysExcludesBothEventDays, OrdinaryReferenceExcludesFirstIncludesSecond

en-CA · official · sha256:7a77b1d382b4cb95919637d32cc33715034fcc69b8af9b0bf189cfad90618623EN-CA

43 Where an enactment is repealed in whole or in part, the repeal does not (a) revive any enactment or anything not in force or existing at the time when the repeal takes effect, (b) affect the previous operation of the enactment so repealed or anything duly done or suffered thereunder, (c) affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred under the enactment so repealed, (d) affect any offence committed against or contravention of the provisions of the enactment so repealed, or any punishment, penalty or forfeiture incurred under the enactment so repealed, or (e) affect any investigation, legal proceeding or remedy in respect of any right, privilege, obligation or liability referred to in paragraph (c) or in respect of any punishment, penalty or forfeiture referred to in paragraph (d), and an investigation, legal proceeding or remedy as described in paragraph (e) may be instituted, continued or enforced, and the punishment, penalty or forfeiture may be imposed as if the enactment had not been so repealed. R.S., c. I-23, s. 35

Ссылаются нормы: PreviousOperationPreserved, RightSurvivesRepeal

en-CA · official · sha256:c1ed3c6cf615c4f8f73bf396582401aef834351eb7612866229cc158f28b6e25EN-CA

44 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 under the new enactment, until another person is appointed in the stead of that person; (b) every bond and security given by a person appointed under the former enactment remains in force, and all books, papers, forms and things made or used under the former enactment shall continue to be used as before the repeal in so far as they are consistent with the new enactment; (c) every proceeding taken under the former enactment shall be taken up and continued under and in conformity with the new enactment in so far as it may be done consistently with the new enactment; (d) 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 fines, penalties and forfeitures imposed 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; (e) when any punishment, penalty or forfeiture is reduced or mitigated by the new enactment, the punishment, penalty or forfeiture if imposed or adjudged after the repeal shall be reduced or mitigated accordingly; (f) except to the extent that the provisions of the new enactment are not in substance the same as those of the former enactment, the new enactment 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 former enactment; (g) all regulations made under the repealed enactment remain in force and are 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 (h) any reference in an unrepealed enactment to the former enactment shall, with respect to a subsequent transaction, matter or thing, be read and 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 read as unrepealed in so far as is necessary to maintain or give effect to the unrepealed enactment. R.S., c. I-23, s. 36

Ссылаются нормы: SubstantiveDifferenceDisplacesConsolidation, SubstantiveDifferenceOverConsolidation, SubstitutionIsConsolidation

en-CA · official · sha256:af15bd4abe21ee6471a3d5a62d75b6b87a04f21ea17d839e5e659d0e6e9cd326EN-CA

5 (1) The Clerk of the Parliaments shall endorse on every Act, immediately after its title, the day, month and year when the Act was assented to in Her Majesty’s name and the endorsement shall be a part of the Act. Marginal note: Date of commencement (2) If no date of commencement is provided for in an Act, the date of commencement of that Act is the date of assent to the Act. Marginal note: Commencement provision (3) 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, that provision is deemed to have come into force on the date of assent to the Act. Marginal note: Commencement when no date fixed (4) Where an Act provides that certain provisions thereof are to come or are deemed to have come into force on a day other than the date of assent to the Act, the remaining provisions of the Act are deemed to have come into force on the date of assent to the Act. R.S., c. I-23, s. 5

en-CA · official · sha256:141d189bade04a1429600219d2cfad9ebbfdc1ac4f3effe953e499440bb12a58EN-CA

6 (1) Where an enactment is expressed to come into force on a particular day, it shall be construed as coming into force 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 on the commencement of the following day. Marginal note: When no date fixed (2) Every enactment that is not expressed to come into force on a particular day shall be construed as coming into force (a) in the case of an Act, on the expiration of the day immediately before the day the Act was assented to in Her Majesty’s name; and (b) in the case of a regulation, on the expiration of the day immediately before the day the regulation was registered pursuant to section 6 of the Statutory Instruments Act or, if the regulation is of a class that is exempted from the application of subsection 5(1) of that Act, on the expiration of the day immediately before the day the regulation was made. Marginal note: Judicial notice (3) Judicial notice shall be taken of a day for the coming into force of an enactment that is fixed by a regulation that has been published in the Canada Gazette. R.S., 1985, c. I-21, s. 61992, c. 1, s. 87

Ссылаются нормы: ActCommencesOnAssentByDefault, EnactmentCommencesOnStatedDay, ExemptRegulationCommencesOnMakingByDefault, HasStatedCommencement, RegulationCommencesOnRegistrationByDefault

en-CA · official · sha256:2dda0a2a51395f40d298b6bde66604b64043fb33ee5b68fbba7e558b12b6d8a9EN-CA

8.1 Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting an enactment it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the enactment is being applied. 2001, c. 4, s. 8 Marginal note: Terminology 8.2 Unless otherwise provided by law, when an enactment contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces. 2001, c. 4, s. 8

Ссылаются нормы: OtherwiseProvidedDisplacesPCRSource, OtherwiseProvidedDisplacesQuebecTerminology, OtherwiseProvidedOverPCRSource, OtherwiseProvidedOverQuebecTerminology, QuebecTerminologyIsCivilLaw, ReferToProvincialPCR