Repeal or amendment. Re-enact ment. Does not adopt judicial construc tion. Amendment a part of Act. Proclama tion to be advice. 3. The repeal or amendment of any Act shall not be deemed to be or to involve any declaration whatsoever as to the previous state of the law. 4. Parliament shall not, by re-enacting any Act or enactment, or by revising, consolidating or amending the same, be deemed to have adopted the construction which has, by judicial decision or otherwise, been placed upon the language used in such Act, or upon similar language. 53 V., c. 7, s. 1. 22. An amending Act shall, so far as is consistent with the tenor thereof, be construed as one with the Act which it amends. 6 E. VII., c. 21, s. 3. 23. When the Governor General is authorized to do any act made upon by proclamation, such proclamation is understood to be a proclamation 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. R.S., c. 1, s. 7. Officers during pleasure. Oath, who may administer. Public moneys, to warrant. 24. All officers now appointed or hereafter appointed by the Governor General, whether by commission or otherwise, shall remain in office during pleasure only, unless it is otherwise expressed in their commissions or appointments. R.S., c. 1, s. 7. 25. Whenever by any Act of Parliament, or by a rule of the Senate or House of Commons, or by an order, regulation or commission made or issued by the Governor in Council, under any law authorizing him to require the taking of evidence under oath, evidence under oath is authorized or required to be taken, or an oath is authorized or directed to be made, taken or administered, the oath may be administered, and a certificate of its having been made, taken or administered, may be given by any one authorized by the Act, rule, order, regulation or commission to take the evidence, or by a judge of any court, a notary public, a justice of the peace, or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath is administered. R.S., c. 1, s. 7. 26. If any sum of the public money is, by any Act, approbe paid by priated for any purpose, or directed to be paid by the Governor General, and no other provision is made respecting it, such sum shall be payable under warrant of the Governor General directed to the Minister of Finance and Receiver General, out of the Consolidated Revenue Fund of Canada. Account. Imprison ment, where. 2. All persons entrusted with the expenditure of any such sum, or any part thereof, shall account for the same in such manner and form, with such vouchers, at such periods and to such officer as the Governor General directs. R.S., c. 1, s. 7. 27. lf, in any Act, any person is directed to be imprisoned or committed to prison, such imprisonment or committal shall, if no other place is mentioned or provided by law, be in or to 6 the the common gaol of the locality in which the order for such imprisonment is made, or if there is no common gaol there, then in or to that common gaol which is nearest to such locality. 2. The keeper of any such common gaol shall receive such Keeper of gaol, duties person, and safely keep and detain him in such common gaol f under his custody until discharged in due course of law, or bailed, in cases in which bail may, by law, be taken. R.S., c. 1, s. 7. 28. Every Act shall be read and construed as if any offence for which the offender may be, (a) prosecuted by indictment, howsoever such offence may Indictable be therein described or referred to, were described or re- offences. ferred to as an indictable offence; and, (b) punishable on summary conviction, were described or Offences. referred to as an offence; and, all provisions of the Criminal Code relating to indictable Criminal offences, or offences, as the case may be, shall apply to every apply. such offence. Code to construed 2. Every commission, proclamation, warrant or other docu Proclamament relating to criminal procedure, in which offences which tions, etc., are indictable offences, or offences, as the case may be, are des- accordingly. cribed or referred to by any names whatsoever, shall be read and construed as if such offences were therein described and referred to as indictable offences, or offences, as the case may be. 55-56 V., c. 29, s. 536. 29. Unless the context otherwise requires, a reference in References any Act to, to Convictions Trials Act. (a) The Summary Convictions Act shall be construed as a Summary reference to Part XV. of the Criminal Code; (b) The Summary Trials Act shall be construed as a refer- Summary ence to Part XVI. of the Criminal Code; (c) The Speedy Trials Act shall be construed as a reference Speedy to Part XVIII. of the Criminal Code. 55-56 V., c. 29, Trials Act. s. 537. tion, effect of. 30. In every Act, unless the contrary intention appears, Incorporawords making any association or number of persons a corporation or body politic and corporate shall,— (a) vest in such corporation power to sue and be sued, to (b) vest in a majority of the members of the corporation Banking powers. General rules. Magistrates, etc. Powers. Majorities. Forms. Powers and duties. Idem. Rules, regu lations and by-laws. If time falls on a holiday. Masculine includes feminine. Singular and plural. Removal and suspension. they do not violate the provisions of the Act incorporating them. 2. No corporation shall be deemed to be authorized to carry on the business of banking unless such power is expressly conferred upon it by the Act creating such corporation. R.S., c. 1, s. 7. 31. In every Act, unless the contrary intention appears,- (b) whenever power is given to any person, officer or func- (d) whenever forms are prescribed, slight deviations there- (e) if 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) if a power is conferred or a duty imposed on the holder of any office as such, the power may be exercised and the duty shall be performed by the holder for the time being of the office; (g) if a power is conferred to make any rules, regulations or by-laws, the power shall be construed as including a power, exercisable in the like manner, and subject to the like consent and conditions, if any, to rescind, revoke, amend or vary the rules, regulations or by-laws and make others; (h) if the time limited by any Act for any proceeding, or the doing of any thing under its provisions, expires or falls upon a holiday, the time so limited shall be extended to, and such thing may be done on the day next following which is not a holiday; (i) words importing the masculine gender include females; (j) words in the singular include the plural, and words in the plural include the singular; (k) words authorizing the appointment of any public officer or functionary, or any deputy, include the power of removing or suspending him, re-appointing or re-instating him, or appointing another in his stead, in the discretion of the authority in whom the power of appointment is vested; (1) words directing or empowering a minister of the Crown Ministers to do any act or thing, or otherwise applying to him by and deputies. his name of office, include a minister acting for, or, if the office is vacant, in the place of such minister, under the authority of an order in council, and also his successors in such office, and his or their lawful deputy; (m) words directing or empowering any other public officer Other public or functionary to do any act or thing, or otherwise apply- officers. ing to him by his name of office, include his successors in such office, and his or their lawful deputy. R.S., c. 1, s. 7. Court in past 32. Whenever in any Act of the Parliament of Canada here- Meaning of tofore passed, or that may be passed before the bringing into Supreme force of the Act of the Legislature of the province of New Acts. Brunswick, passed in the sixth year of His Majesty's reign, chapter thirty-seven, relating to the establishment of a Supreme Court of Judicature and to the practice and proceedings therein, the Supreme Court of the said province is named, such Act of the Parliament of Canada shall, after the said provincial Act is brought into force, be construed as if the Court therein named was the Court established by the said Act. 2. Whenever in or under any such Act of the Parliament of Powers and Canada or otherwise any powers, rights or duties are conferred court. or imposed upon, or vested in or incumbent upon, the said Supreme Court of the said province, or any judge or judges thereof, such powers, rights or duties, after the said provincial Act has been brought into force, shall, so far as the Parliament of Canada has legislative authority to so enact, be deemed to have been conferred or imposed upon, or to be vested in and incumbent upon, the Court established as aforesaid, or any judge or judges thereof. duties of banc exerci seable by Court of 3. Any jurisdiction or authority heretofore vested in the Jurisdiction Supreme Court of the said province which has been exercised of court in or is exerciseable by the said Court when sitting in banc, shall, after the said provincial Act is brought into force, so far as the Parliament of Canada has legislative authority to so enact, be vested in and exerciseable by the division of the Court established by the said provincial Act which is called the Court of Appeal. 6 E. VII., c. 51, ss. 1, 2 and 3. tion sections. 33. Definitions or rules of interpretation contained in any InterpretaAct shall, unless the contrary intention appears, apply to the construction of the sections of the Act which contain those definitions or rules of interpretation, as well as to the other provisions of the Act. 6 E. VII., c. 21, s. 4. DEFINITIONS. 34. In every Act, unless the context otherwise requires,— fore constituted, or of the district of Keewatin, or of the Yukon Territory; (2.) commencement' when used with reference to an Act means the time at which the Act comes into operation; (3.) county' includes two or more counties united for purposes to which the enactment relates; (4.) 'county court' in its application to the province of Ontario, includes district court'; 6 (5.) fiscal year' or financial year' means, as respects moneys provided by Parliament, or any moneys relating to the Consolidated Revenue Fund of Canada, or to Dominion accounts, taxes or finance, the twelve months ending the thirty-first day of March; (6.) Governor,' Governor of Canada,' or 'Governor General,' means 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 Sovereign, by whatever title he is designated; (7.) Governor in Council,' or Governor General in Council' means 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 King's Privy Council for Canada; (8.) Great Seal' means the Great Seal of Canada; |