THE REVISED STATUTES OF CANADA, 1906. CHAPTER 1. An Act respecting the Form and Interpretation of Statutes. SHORT TITLE. 1. This Act may be cited as the Interpretation Act. R.S., Short title. c. 1, s. 1. APPLICATION. 2. Every provision of this Act shall extend and apply to To every every Act of the Parliament of Canada, now or hereafter passed, Act. except in so far as any such provision, (a) is inconsistent with the intent or object of such Act; or, Exceptions. (b) would give to any word, expression or clause of any such Act an interpretation inconsistent with the context; or, (c) is in any such Act declared not applicable thereto. sary in any 2. The omission in any Act of a declaration that this Act No declaraapplies thereto, shall not be construed to prevent its so applying, tion necesalthough such a declaration is expressed in some other Act Act. or Acts of the same session. R.S., c. 1, s. 2. 3. Nothing in this Act shall exclude the application to any Rules of conAct of any rule of construction applicable thereto, and not struction not inconsistent with this Act. R.S., c. 1, s. 7. 1 excluded. 4. This Act applies to itself. 4. The provisions of this Act shall apply to the construction thereof, and to the words and expressions used therein. R.S., c. 1, s. 9. Enacting clause. Order of clauses. FORM OF ENACTING. 5. The enacting clause of a statute may be in the following form: His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows.' R.S., c. 1, s. 3. 6. The enacting clause shall follow the preamble, if any, and the various clauses within the purview or body of the statute shall follow in a concise and enunciative form. R.S., c. 1, s. 4. To be endorsed. Endorsement 7. The Clerk of the Parliaments shall endorse on every Act, immediately after the title thereof, the day, month and year when the Act was, by the Governor General, assented to in His Majesty's name, or reserved by him for the signification of His Majesty's pleasure thereon; and in the latter case, the Clerk shall also endorse thereon the day, month and year when the Governor General signified, either by speech or message to the Senate and House of Commons, or by proclamation, that such Act had been laid before His Majesty in Council, and that His Majesty had been pleased to assent to the same. 2. Such endorsement shall be taken to be a part of the Act, part of 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 is therein provided. R.S., c. 1, s. 5. In same session. AMENDMENT OR REPEAL. 8. Any Act may be amended, altered or repealed by an Act passed in the same session of the Parliament. R.S., c. 1, s. 6. Every Act applies to all RULES OF CONSTRUCTION. 9. Every Act of the Parliament of Canada shall, unless the contrary intention appears, apply to the whole of Canada. 2. No Act amending a previous Act which does not apply to all the provinces of Canada, and no enactment in any such amending Act, although of a substantive nature or form, shall apply to any province to which the amended Act does not apply, unless it is expressly provided that,such amending Act or enactment shall apply to such province, or to all the provinces of Canada. R.S., c. 1, s. 7. 2 10. speaking. 10. The law shall be considered as always speaking, and Law always whenever any matter or thing is expressed in the present tense, the same shall 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. R.S., c. 1, s. 7. come into 11. Where an Act, or any order in council, order, warrant, When to scheme, letters patent, rule, regulation, or by-law, made, operation. granted, or issued, under a power conferred by any Act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. 6 E. VII., c. 21, s. 1. 12. Where an Act is not to come into operation immediately Preliminary on the passing thereof, and confers power to make any appoint- proceedings. ment, to make, grant, or issue any instrument, that is to say, any order in council, order, warrant, scheme, letters patent, rule, regulation, or by-law, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, so far as may be necessary or expedient for the purpose of making the Act effective at the date of the commencement thereof, be exercised at any time after the passing of the Act, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for making the Act effective from its commencement, come into operation until the Act comes into operation. 6 E. VII., c. 21, s. 2. deemed 13. Every Act shall, unless by express provision it is de- Acts to be clared to be a private Act, be deemed to be a public Act. R.S., public. c. 1, s. 7. 14. The preamble of every Act shall be deemed a part Preamble thereof, intended to assist in explaining the purport and object a part. of the Act. R.S., c. 1, s. 7. 15. Every Act and every provision and enactment thereof, Every Act shall be deemed remedial, whether its immediate purport is to remedial. direct the doing of any thing which Parliament deems to be for the public good, or to prevent or punish the doing of any thing which it deems contrary to the public good; and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of such provision or enactment, according to its true intent, meaning and spirit. R.S., c. 1, s. 7. His Majesty not bound. Private Acts. Powers of Parliament reserved. Bank charters. Effect of repeal. If other provisions substituted. 16. No provision or enactment in any Act shall affect, in any manner whatsoever, the rights of His Majesty, his heirs or successors, unless it is expressly stated therein that His Majesty shall be bound thereby. R.S., c. 1, s. 7. 17. No provision or enactment in any Act of the nature of a private Act shall affect the rights of any person, save only as therein mentioned or referred to. R.S., c. 1, s. 7. 18. Every Act shall be so construed as to reserve to Parliament the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person, whenever such repeal, amendment, revocation, restriction or modification is deemed by Parliament to be required for the public good. 2. Unless it is otherwise expressly provided in any Act passed for the chartering of any bank, it shall be in the discretion of Parliament, at any time thereafter, to make such provisions and impose such restrictions, with respect to the amount and description of notes which may be issued by such bank, as to Parliament appears expedient. R.S., c. 1, s. 7. 19. Where any Act or enactment is repealed, or where any regulation is revoked, then, unless the contrary intention appears, such repeal or revocation shall not, save as in this section otherwise provided, (a) revive any Act, enactment, regulation or thing not in force or existing at the time at which the repeal or revocation takes effect; or, (b) affect the previous operation of any Act, enactment or regulation so repealed or revoked, or anything duly done or suffered thereunder; or, (c) affect any right, privilege, obligation or liability ac- (d) affect any offence committed against any Act, enactment and any such investigation, legal proceeding or remedy may bo 2. If other provisions are substituted for those so repealed or revoked, then, unless the contrary intention appears,― (a) all officers and persons acting under the Act, enactment or regulation so repealed or revoked shall continue to act, as if appointed under the provisions so substituted, until others are appointed in their stead; and, 4 (b) |