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FORM AND INTERPRETATION OF STATUTES.
31 VICT. CAP. 1.*
An Act respecting the Statutes of Canada
[Assented to 21st December, 1867.]
U ER Majesty, by and with the advice and consent of the Preamble. INTERPRETATION.
1 Senate and House of Commons of Canada, enacts as follows:
FORM OF ENACTING.
1. The following words, may be inserted in the Preambles Form of enactof Statutes and shall indicate the authority by virtue of which ing clause. they are passed : “Her Majesty, by and with the advice and “ consent of the Senate and House of Commons of Canada, " enacts as follows: "
2. After the insertion of the words aforesaid, which shall Other clauses follow the setting forth of the considerations or reasons upon to which the law is grounded, and which shall with these consi.
concise form. derations or reasons constitute the entire Preamble, the various clauses of the Statute shall follow in a concise and enunciative form. See C. S. C. c. 5, 8. 2, which is identical with this section.
* of the Interpretation Acts applicable to these volumes, viz., 31 V. c. 1, 22 V. c. 29, C. S. Can. c. 5, and C. S. U. C. c. 2, only the above Act, 31 V. c. 1 is printed entire. Whenecer sections of the other Acts are identical with those of 31 V. c. 1. they are referred to at the foot of those of its sections to which they respectively answer. Those clauses of 22 V. c. 29, C, S. Can. c. 5, and C. S. U. C. c. 2, which are not identical with any provision of 31 V. c. 1, are printed in full, and will be found immediately following the above Act.
The interpre- 3. This section and the fourth, fifth, sixth, seventh and eighth tation clauses to apply to all sections of this Act, and each provision thereof, shall extend and Acts hereafter apply to every Act passed in the Session held in this thirtieth* passed.
year of Her Majesty's Reign, and in any future Session of the Parliament of Canada, except in so far as the provision is inconsistent with the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause is inconsistent with the context, -and except in so far as any provision thereof is in any such Act declared not applicable thereto;-Nor shall the omission in any Act of a declaration that the “Interpretation Act” shall apply thereto, be construed to prevent its so applying, although such express declaration may be inserted in some other Act or Acts of the same Session.
Date of Royal 4. The Clerk of the Senate chall endorse on every Act of assent to be endorsed on the Parliament of Canada, immediately after the title of such every Act. Act, the day, month and year when the same was by the Go
vernor-General assented to in Her Majesty's name, or reserved by him for the signification of Her Majesty's pleasure thereon,-and in the latter case, the Clerk of the Senate shall also endorse thereon the day, month and year when the GovernorGeneral has signified either by speech or message to the Senate and House of Commons, or by Proclamation, that the same was
laid before Her Majesty in Council, and that Her Majesty was Effect of such pleased to assent to the same :- And such indorsement shall endorsement. be taken to be a part of such Act, and the date of such Assent
or Signification, as the case may be, shall be the date of the commencement of the Act, if no later commencement be therein provided.
The Clerk of the Parliaments was substituted for the Clerk of the Senate, by 35 V. c. 1, sec. 1.
Every Act 5. Any Act of the Parliament of Canada may be amended, may be
anr. altered or repealed by any Act to be passed in the same Sesing session in sion thereof. which it passes How enact . 6. In construing this or any Act of the Parliament of Caments shall be
nada, unless it is otherwise provided, or there be some thing in the context or other provisions thereof indicating a different meaning or calling for a different construction :
To apply to the whole Dominion
(1.) The enactments in any Act apply to the whole Dominion of Canada ;
* A mistake, corrected by 31 V. c. 28, sec. 1 to“ thirty-first."
(2.) The Law is to be considered as always speaking, and Application of whenever any matter or thing is expressed in the present tense, expres
con only present tense. the same is to be applied to the circumstances as they arise, so that effect may be given to each Act and, every part thereof according to its spirit, true intent and meaning. See 22 V. c. 29, sec. 13 (2) which is identical with this sub-section.
(3.) The word "shall” is to be construed as imperative, and “Shall” and the word “may” as permissive. See C. S. U. C. c. 2, sec. 18 (2) and 22 V. c. 29, sec. 13 (3) which are identical with this sub-section.
(4.) Whenever the word “herein " is used in any section of “Herein." an Act, it is to be understood to relate to the whole Act and not to that section only. See C. S. U. C. c. 2, sec. 18 (3) and 22 V. c. 29, sec. 13 (4) which are identical with this subsection.
g. Subject to the limitations aforesaid, -in every Act of the Interpretation
of certain Parliament of Canada, to which this section applies :
words. First. The words “ Her Majesty," " the Queen,” or “the “ Her MaCrown,” shall mean—Her Majesty, Her Heirs and Successors, jesty,” &c. Sovereigns of the United Kingdom of Great Britain and Ireland. See C. S. C. c. 5, s. 6 (1) which is identical with this subsection.
Secondly. The words “ Governor," “ Governor of Canada," “ Governor," “ Governor-General” or “ Governor in Chief,” shall mean- & the Governor-General for the time being of Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada, on behalf and in the name of the Queen by whatever title he is designated.
Thirdly. The words “ Governor in Council," or " Governor- " Governor in General in Council,” shall mean—the Governor-General of Canada, or person administering the Government of Canada for the time being, 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.
Fourthly. The words “Lieutenant-Governor” shall mean “ Lieutenantthe Lieutenant-Governor for the time being, or other chief Governor, Executive officer or Administrator for the time being, carrying on the Government of the Province or Provinces of the Dominion indicated by the Act, by whatever title he is designated.
Fifthly. The words “Lieutenant-Governor in Council ” “ Lieutenantshall mean the Lieutenant-Governor or person administering &
r person dawmistering Council, &o." the Government of the Province indicated by the Act, for the time being, acting by and with the advice of, or by and with
the advice and consent of, or in conjunction with the Executive Council of the said Province.
“United King. Sixthly. The words "the United Kingdom,” shall mean the dom,” “Uni. ted States,
tes. United Kingdom of Great Britain and Ireland ;-and the names of words 66 the Inited S
words “ the United States” shall mean the United States of places, &c.
America ;—And generally, the name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing, shall mean such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof. See C. S. C. c. 5, 8. 6 (6) which is identical with this sub-section.
Proolamation. Seventhly. The word “Proclamation ” means a Proclamation
under the Great Seal, and the expression “ Great Seal” means the Great Seal of Canada.
t Eighthly. When the Governor is authorized to do any act by ing by Procla- Proclamation, such Proclamation is understood to be a Proclamation.
mation issued under an order of the Governor in Council, but it shall not be necessary that it be mentioned in the Proclamation that it is issued under such order.
Ninthly. The word “ County” includes two or more Counties united for purposes to which the enactment relates. See 22 V. c. 29, sec. 13 (8) which is identical with this sub-section.
Number and gender.
Tenthly. Words importing the singular number or the masculine gender only, shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse. See C. S. C. c. 5, 8. 6 (7); C. S. U. C. c. 2, s. 10, which are identical with this sub-section.
Eleventhly. The word “person " shall include any body corporate and politic, or party, and the heirs, executors, administrators or other legal representatives of such person, to whom the context can apply according to the law of that part of Canada to which such context extends.
“Writing," “ written."
Twelfthly. The words “ writing," "written,” or any term of like import, shall include words printed, painted, engraved, lithographed, or otherwise traced or copied. See C. S. C. c. 5, 8. 6 (9) which is identical with this sub-section.
“ Now" or “next."
Thirteenthly. The word “ now” or “next” shall be construed as having reference to the time when the Act was presented for the Royal Assent. See C. S. C. c. 5, 8. 6 (10) which is identical with this sub-section.
Fourteenthly. The word " month ” shall mean a calendar “Month.” month. See C. S. C. c. 5, 8. 6 (11) which is identical with this sub-section.
Fifteenthly. The word “holiday” shall include Sundays, “ Holiday.” New Year's day, the Epiphany, the Annunciation, GoodFriday, the Ascension, Corpus Christi, St. Peter and St Paul's Day, All Saints' Day, Conception Day, Easter Monday, Ash Wednesday, Christmas Day, the Birth-day of the reigning Sovereign, and any day appointed by Proclamation for a General Fast or Thanksgiving.
For “ Holidays ” as regards Bills and Notes see 35 V. c. 8, sec. 8.
Sixteenthly. The word "oath” shall be construed as mean- «Oath.” ing a solemn affirmation whenever the context applies to any person and case by whom and in which a solemn affirmation may be made instead of an oath, and in like cases the word "sworn ” shall include the word “affirmed ” :-And in every “Sworn." case where an oath or affirmation is directed to be made before any « Affirmed » person or officer, such person or officer shall have full power and authority to administer the same and to certify its having been made ;-And the wilful making of any false statement in any Perjury. such oath or affirmation, shall be wilful and corrupt perjury ;= and the wilful making of any false statement in any declaration required or authorized by any Act, shall be a misdemeanor punishable as wilful and corrupt perjury.
Seventeenthly. The word “sureties” shall mean sufficient sure- “Sureties." ties, and the word “security” shall mean sufficient security, « Security.” and where these words are used, one person shall be sufficient therefor unless otherwise expressly required.
Eighteenthly. The words “ Superior Courts ” shall denote in “Superior the Province of Ontario, the Court of Queen's Bench, the Court Courts. of Common Pleas and the Court of Chancery in the said Province. Remainder of this sub-section does not relate to Ontario.
By 38 V., c. 1, s. 2, the Court of Error and Appeal is added to the Courts which are above stated to be denoted by the words “Superior Courts.”
Nineteenthly. The words “ Registrar” or “Register” in any " Registrar.”
“ Register." Act, applying to the whole Dominion, shall mean and include indifferently Registrars and Registers in the several Provinces constituting the Dominion, and their Deputies, respectively.
Twentiethly. Any wilful contravention of any Act, which is contravention not made any offence of some other kind, shall be a misdemeanor, of Acts. and punishable accordingly.