Bill 42 (Legislature 11, Session 5)

L11 S5 6839

Alberta — Bills

Bill No. 42 of 1952. A BILL RESPECTING THE REVISED STATUTES OF ALBERTA. NOTE. This Bill introduces a new Act to be known as "The Re1Jised Statutes Act, 1952". It provides for the revision and consolidation of the Statutes of Alberta. A Statute Revision Commission is to be established con sisting of the Attorney General as a member ex officio and other members, not being mOore than three, appointed by the Lieutenant Governor in Council. The chairman may be appointed by the Lieutenant Governor in Council. 'The commission is to examine, revise and consolidate the public general statutes of Alberta. The powers of the commission are set out in

section 5. The revision commission generally may correct. reclassify. divide and make uniform the statutes of Alberta. ThE' statutes and amendments passed at the present session of the Legislature may also be included in the revision. When the ,vork of the revision commission is completed. the commission will submit it through the Attornev General to the Lieutenant Governor in Council. The Lieutenant Governor is empowered to print the revision. One of the original printed copies which will be known as the "statute roll" is to be deposited with the Clerk of the Legislative Assembly.

This coPy shall be deemed to be the original statute roll of the Acts contained in the Revised Statutes. The Lieutenant Governor in Council may then bring the Revised Statutes of Alberta, 1952, into force upon a date to be named by him. On, from and after the named date the Revised Statutes of Alberta, 1952, repeal and replace the existing statutes of the Province to the extent that they are incorporated in the Revised Statutes of Alberta, 1952, or in the schedules thereto.

The remaining sections of the Act are largely for the purpose of providing for a smooth transition from the law presently in force to the law contained in the revision. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. . (This note does not form any part of the Bill but is o.fferecl ~n explanation of its provisions.)

BILL, No. 42 of 1952.

An Act respecting the Revised Statutes of Alberta. (Assented to ,1952.) HIS l\IAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. ~hort title 1. This Act may be cited .as "The Revised Statutes Act, "Comn1is sion" HtC1tute Hevision Commission Chairman Duties of commission Other personnel Powers of commission 1952" .

Interpretation. 2. In this Act, unless the context otherwise requires, "commission" means the Statute Revision Commission es tablished under

section 3. 3.

(1) There is hereby established a Statute Revision Commission consisting of the Attorney General, as member "ex off1'cio", and such other person or persons, not exceeding three, as may be appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may designate one of the members to be the chairman, 4.

(1) The commission shall examine and in accordance with the provisions of this Act shall revise and consolidate the public general statutes of Alberta.

(2) With the approval of the Lieutenant Governor in Council and for such remuneration as the Lieutenant Gov ernor in Council may fix, the commission may employ professional assistance and such other officers, clerks and employees as it deems necessary for carrying out the pro visions of this Act. 5. The commission in revising and >consolidating the public general statutes of Alberta may,- (

a) incorporate a public general Act passed at the present session, and any amendments made at the present session to any of the public general statutes of Alberta; (

b) omit

an Act or part of

an Act which at the date of the completion of the revising and consolidating has been repealed or superseded or has expired or has had its effect and can have no further enforce ment;

2 (

c) omit an enactment repealing or amending

an Act giving effect either to the repeal or amendment so effected in so far as the repealing or amending enactment as at the date of the revision and con solidation remains effective; (

d) alter the number and sequence of

an Act and the sections thereof; (

e) consolidate two or more Acts into one Act, and consolidate two or more sections of

an Act into one section; (

I) divide

an Act into two or more Acts and divide a

section into two or more sections; (

g) transfer a particular provision or part of

an Act or

section to any other or others in so far as may be thought advisable in order to secure a better arrangement of the public general statutes of Alberta without altering their true intent; (

h) alter where deemed necessary the language of

an Act in order to better express the spirit and mean ing of the law or in order to preserve a uniform mode of expression, but not so as to change the meaning or intent of an enactment; (i) \ correct ,clerical and typographical errors, and make such minor amendments as are deemed necessary to express more clearly what is deemed to have been the intention of the Legislature, or reconcile seem ingly inconsistent enactments; (

j) omit

an Act or a part of

an Act which although a public general statute of Alberta has reference only to a particular place or municipality, or particular pla,ces or municipalities and have no general ap plication throughout the Province; (

k) include a private Act or a part of a private Act which affects the public generally and ought to be included in the revision and consolidation; (

l) include relevant Imperial and Canadian statutes; (

m) prepare a comprehensive index for the whole. 6.

(1) As soon as the work of the commission is com- Repor~ o! pleted, the commission shall report the same through the commISSIOn Attorney General to the Lieutenant Governor in Council and shall deposit the result of its work with the Provincial Secretary.

(2) Upon receiving the report of the commission, the Pri~~ing of Lieutenant Governor in Council may cause the revision and reVISIOn consolidation prepared by the commission to be printed.

(3) The Lieutenant Governor in Council may cause a Statute roll correct printed copy of the revision and consolidation, to be known as the "statute roll", signed by the Lieutenant Governor and countersigned by the Provincial Secretary, to be deposited in the office of the Clerk of the Legislative Assembly.

;\ppc·ndix to statute roll Proclama tion of revision Construction of Revised Statutes 3

(4) The statute roll when deposited in the office of the Clerk of the Legislative Assembly shall be deemed to be the original of the statute laws of Alberta contained in the statute roll and of the several Acts and parts of Acts which it purports to embody. 7.

(1) The commission may append to the statute roll,- (

a) an appendix, similar in form to Appendix "B" ap pended to the Revised Statutes of Alberta, 1942, containing certain Imperial, Canadian and Pro vincial statutes relating to the constitution, boundaries and natural resources of Alberta; (

b) a

schedule showing the Acts contained in the Re vised Statutes of Alberta, 1942, and the other Acts that are repealed in whole or in part from the date upon which the Revised Statutes of Alberta, 1952, take effect and the extent of the repeal; (

c) a sched ule showing certain Acts and parts of Acts om-itted but not repealed by the Revised Statutes of Alberta, 1952, which Acts and parts of Acts remain in force in the Province subject to the Revised Statutes of Alberta, 1952; . (

d) a

schedule showing the Acts and parts of the Acts omitted from and repealed by the Revised Statutes of Alberta, 1952; (

e) such other schedules and appendices as may be deemed necessary and expedient.

(2) The insertion of

an Act in the schedules or any of them shall not be construed as a declaration that the Act or a part of an A~t was or was not in force immediately before the coming into force of the Revised Statutes of Alberta, 1952. 8.

(1) After the deposit of the statute roll in the office of the Clerk of the Legislative Assembly, pursuant to

section 6, the Lieutenant Governor in Council by proclamation may declare the day on, from and after which the statute roll or such portion thereof as considered proper shall come into force and have effect as law by the designation of the "Revised Statutes of Alberta, 1952".

(2) On, from and after the day so declared, the statute roll, or the portion thereof as may be designated by the proclamation, shall be in force accordingly to all intents as if the same were expressly embodied in and enacted by this Act to come into force and have effect on, from and after that day. 9.

(1) The Revised Statutes of Alberta, 1952, shall not be held to operate as new laws, but shall be construed and have effect as a consolidation of the law contained in the Acts or parts of Acts so repealed for which the Revised Statutes of Alberta, 1952, are substituted.

(2) The various prOVISIOns of the Revised Statutes of Alberta, 1952, corresponding to and substituted for the pro visions of the Acts and parts of Acts previously in force shall, where they are the same in effect as those of the pre vious Acts and parts of Acts, be held to operate retro spe,ctively as well a.s prospectively, and to have been passed upon the days respectively upon which the Acts and parts of Acts so repealed came into force.

(3) If upon any point, the provisions of the Revised Revised Statutes of A'lberta, 1952, are not in effect the same as those ~~~~~~:il of the repealed Acts and parts of Acts for which they are substituted, then as respects all transactions, matters and things on and subsequent to the day upon which the said Revised Statutes take effect, the provisions contained in them shall prevail, but as respects all transactions, matter and things anterior to the said day, the provisions of the Acts or parts of A,cts for which they are substituted shall prevail. 10.

(1) On, from and after the day so declared, the Re- Extent of vised Statutes of Alberta, 1942, and the several public Acts ~if:t~~~flaw and parts of Acts of the Province passed since the coming into force of the Revised Statutes of Alberta, 1942, so far as the same are within the legislative authority of the Legislature shall stand repealed to the extent that they are incorporated in the Revised Statutes of Alberta, 1952, or are repugnant thereto; and the several private Acts of the Province passed since the coming into force of the Re- vised Statutes of Alberta, 1942, shall stand repealed to the extent that they are incorporated in the Revised Statutes of Alberta, 1952, or are repugnant thereto.

(2) All the Acts or parts of Acts mentioned in the

schedule showing Acts or parts of Acts repealed by the re vision, shall be repealed to the extent mentioned in the said schedule. 11. The repeal of the said Acts and parts of Acts shall Effect of not revive any Act or provision of law repealed by them repeal nor shall the said repeal prevent the effect of any saving clause in the said Acts and parts of Acts, or the application of the said Acts and parts of Acts or of any Act or pro- vision of law formerly in force, to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. 12. The repeal of the said Acts and parts of Acts shall ~~\~~~ not not affect,- affected • • . ~re~ (

a) any proceedIngs for enforcIng a penalty, forfeIture or liabiiity incurred before the time of the repeal and had, done, completed or pending at the time of the repeal; (

b) any information, conviction, sentence or prosecu tion had, done, completed or pending at the time of the repeal;

References to repealed Acts Marginal notes and citations Effect of insertion in revision Rules of construction apply (c) (d) 5 any action, suit, judgment, decree, certifi.cate, ex ecution, process, order, rule or any proceedIng, mat ter or thing whatsoever respecting the same, had, done made, entered, granted, completed, pending, existing or in force at the time of the repeal; any act, deed, right, title, in~est, grant, assur ance, descent, will registry, by-law, rule, order in council, proclamation, regulation, contract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of the repeal; (

e) any office, appointment, commission, salary, allow ance, security, duty or a matter or thing apper taining thereto at the time of the repeal; nor shall the repeal defeat, disturb, invalidate or pre judicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of the re peal; but every such matter or thing set out in clauses (

a) to (e), inclusive, and every other matter or thing whatso ever shall remain and continue as if no such repeal had taken place and, so far as necessary, may be continued, prosecuted, enforced and proceeded with under the Revised Statutes of Alberta, 1952, and other statutes and laws having force in the Province and subject to the provisions of the said several statutes and laws as if no such repeal had taken place. 1.3. A reference in a former Act remaining in force or in any proclamation, order in ,council, instrument or docu ment to

an Act or enactment shown as repealed in a

schedule to the Revised Statutes of Alberta, 1952, after the Revised Statutes take effect, shall be held with respect to a subse quent transaction, matter or thing to be a reference to the enactments in the Revised Statutes of Alberta, 1952, having the same effect as the repealed Act or enactment. 14. The marginal or side notes, and the references to former enactments at the foot of sections, in the Revised Statutes of Alberta, 1952, shall be held to be no part of those statutes, but to be inserted for convenience of reference only. 15. The insertion or incorporation of

an Act or part of

an Act in the Revised Statutes of Alberta, 1952, or in a

schedule thereto shall not be considered as a declaration that the Act or any part of it was or was not in force im mediately before the coming into force of the Revised Statutes of Alberta, 1952. 16. This Act shall be printed with the Revised Statutes of Alberta, 1952, and shall be subject to the same rules of construction as the Revised Statutes of Alberta, 1952.

6 17. Copies of the Revised Statutes of Alberta, 1952, pur- Evldential porting to be printed by the King's Printer shall be evidence ~~PY:s ott of the Revised Statutes of Alberta, 1952, in all courts and ~te:tl~{~., other places without further proof of any kind whatsoever. 18. A

chapter of the Revised Statutes of Alberta, 1952, ii~~i~~3 oC may be cited and referred to in any Act or proceeding what- Statutes soever either by its title as

an Act or by using the expression "the Revised Statutes of Alberta, 1952,

chapter .................... " (adding the number of the particular

chapter appearing in the copies printed by the King's Printer) . 19. This Act shall come into force on the day upon which ~~ming it is assented to. In 0 orc(·

No. 42. FIFTH SESSION ELEVENTH LEGffiLATURE 1 Elizabeth II 1952 BILL

An Act respecting the Revised Statutes of Alberta. Received and read the First time ......................................... . Second time ....................................... . Third time .. HON. IV[R. MAYNARD. Title: 1952 (11th, 5th) Bill 42,

An Act respecting the Revised Statutes of Alberta

Document details

Collection	Alberta — Bills
Citation	L11 S5 6839
Type	bill
Volume / chapter	L11 S5 6839
Language	en
Format	json
Source	PROVINCIAL
Identifier	d3cd61a5b74872b27a15b98d058f74813de8f518

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