An Act respecting the interpretation of statutes and regulations
Marginal note:Short title
- R.S., c. I-23, s. 1
Act means an Act of Parliament; (loi)
enact includes to issue, make or establish; (Version anglaise seulement)
enactment means an Act or regulation or any portion of an Act or regulation; (texte)
- public officer
public officer includes any person in the federal public administration who is authorized by or under an enactment to do or enforce the doing of an act or thing or to exercise a power, or on whom a duty is imposed by or under an enactment; (fonctionnaire public)
regulation includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established
repeal includes revoke or cancel. (Version anglaise seulement)
Marginal note:Expired and replaced enactments
(2) For the purposes of this Act, an enactment that has been replaced is repealed and an enactment that has expired, lapsed or otherwise ceased to have effect is deemed to have been repealed.
- R.S., 1985, c. I-21, s. 2
- 1993, c. 34, s. 88
- 1999, c. 31, s. 146
- 2003, c. 22, s. 224(E)
Marginal note:Application to this Act
(2) The provisions of this Act apply to the interpretation of this Act.
Marginal note:Rules of construction not excluded
(3) Nothing in this Act excludes the application to an enactment of a rule of construction applicable to that enactment and not inconsistent with this Act.
- R.S., c. I-23, s. 3
Enacting Clause of Acts
Marginal note:Enacting clause
“Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”.
Marginal note:Order of clauses
(2) The enacting clause of an Act shall follow the preamble, if any, and the various provisions within the purview or body of the Act shall follow in a concise and enunciative form.
- R.S., c. I-23, s. 4
Marginal note:Royal assent
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
Day Fixed for Commencement or Repeal
Marginal note:Operation when date fixed for commencement or repeal
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
- R.S., 1985, c. I-21, s. 6
- 1992, c. 1, s. 87
Regulation Prior to Commencement
Marginal note:Preliminary proceedings
7 Where an enactment is not in force and it contains provisions conferring power to make regulations or do any other thing, that power may, for the purpose of making the enactment effective on its commencement, be exercised at any time before its commencement, but a regulation so made or a thing so done has no effect until the commencement of the enactment, except in so far as may be necessary to make the enactment effective on its commencement.
- R.S., c. I-23, s. 7
Marginal note:Territorial operation
Marginal note:Amending enactment
(2) Where an enactment that does not apply to the whole of Canada is amended, no provision in the amending enactment applies to any part of Canada to which the amended enactment does not apply, unless it is provided in the amending enactment that it applies to that part of Canada or to the whole of Canada.
Marginal note:Exclusive economic zone of Canada
(2.1) Every enactment that applies in respect of exploring or exploiting, conserving or managing natural resources, whether living or non-living, applies, in addition to its application to Canada, to the exclusive economic zone of Canada, unless a contrary intention is expressed in the enactment.
Marginal note:Continental shelf of Canada
(2.2) Every enactment that applies in respect of exploring or exploiting natural resources that are
(a) mineral or other non-living resources of the seabed or subsoil, or
(b) living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil
applies, in addition to its application to Canada, to the continental shelf of Canada, unless a contrary intention is expressed in the enactment.
Marginal note:Extra-territorial operation
(3) Every Act now in force enacted prior to December 11, 1931 that expressly or by necessary or reasonable implication was intended, as to the whole or any part thereof, to have extra-territorial operation shall be construed as if, at the date of its enactment, the Parliament of Canada had full power to make laws having extra-territorial operation as provided by the Statute of Westminster, 1931.
- R.S., 1985, c. I-21, s. 8
- 1996, c. 31, s. 86
Rules of Construction
Property and Civil Rights
Marginal note:Duality of legal traditions and application of provincial law
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
- Date modified: