Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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Statute Revision Act

Legislature :
54
Session :
5
Bill No. :
23
Member :
Hon. Green
First Reading :
2002-12-13
Second Reading :
2002-12-17
Committee of the Whole :
2003-1-15
Amended :
Third Reading :
2003-1-16
Royal Assent :
2003-2-21
Download PDF :
Bill 23

Text of Bill :
Chapter Outline

Definition of "Committee" 1
Establishment of Committee 2
Preparation of revision 3
Revision powers 4
Deposit of revision 5
Coming into force of revision 6
Repeal of previous versions 7
Publication of revision 8
Supplement to revision 9
Judicial notice 10
Legal effect of revision 11
References 12
Regulations 13


Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definition of "Committee"
1 In this Act

"Committee" means the Statute Revision Steering Committee established under section 2. (« Comité »)

Establishment of Committee
2(1) There is hereby established a committee to be known as the Statute Revision Steering Committee consisting of

(a) the Director of the Legislative Services Branch of the Office of the Attorney General, and

(b) two other employees of the Legislative Services Branch appointed by the Deputy Attorney General.

2(2) The Director of the Legislative Services Branch shall be the chair of the Committee.

Preparation of revision
3 In accordance with this Act, the Committee may from time to time prepare, under the general supervision of the Deputy Attorney General, a revision of any or all of the public Acts of New Brunswick.

Revision powers
4(1) In preparing a revision, the Committee may do any or all of the following:

(a) consolidate all amendments made to an Act since the date it was enacted or since the date of its last revision, as the case may be;

(b) omit any Act or provision of an Act that

(i) is obsolete, is spent or has no legal effect,

(ii) is transitional in nature,

(iii) provides for the retroactive effect of an Act or provision of an Act,

(iv) has effect for a limited period of time, or

(v) has no general application throughout the Province;

(c) change the numbering and the arrangement of Acts or provisions of them;

(d) make changes in language and punctuation to achieve a uniform mode of expression;

(e) make changes to reconcile seemingly inconsistent provisions;

(f) correct clerical, grammatical or typographical errors;

(g) revise language to achieve gender-neutral terminology;

(h) revise language or any reference that is outdated or archaic to make the language or reference current and accurate;

(i) revise language for purposes of clarity;

(j) make improvements in the language of any Act to make the form of expression of the Act in one of the official languages more compatible with its expression in the other official language;

(k) add, change or omit a heading in or change the title of any Act;

(l) include in the revision, by means of a supplement or otherwise, those Acts or provisions of Acts that, although enacted, have not yet come into force;

(m) make consequential changes to other Acts not being revised to reconcile them with a revised Act; and

(n) include appendices, schedules or indices of similar kind to those published with the Revised Statutes of New Brunswick, 1973, with any changes or additions that the Committee considers appropriate.

4(2) No change may be made under subsection (1) that has the effect of changing the substance or intent of any provision of an Act.

Deposit of revision
5(1) On the completion of a revision, the Lieutenant-Governor in Council may direct that a copy of the revision, together with any appendices, schedules or indices relating to the revision, be deposited with the Clerk of the Legislative Assembly as the official copy of the revision.

5(2) The official copy of a revision shall be signed by the Lieutenant-Governor and countersigned by the Attorney General.

Coming into force of revision
6(1) The Lieutenant-Governor in Council may declare by proclamation the date on which a revision deposited under subsection 5(1) comes into force.

6(2) On and after the date so declared, the revision comes into force and has effect for all purposes as if it were enacted by the Legislature to come into force and effect on and after that date.

6(3) If an Act or provision of an Act included in a revision is to come into force by proclamation or on a specified date, and,

(a) if that Act or provision does not come into force before the date on which the revision comes into force, the proclamation under subsection (1) does not, unless it otherwise states, operate to bring the corresponding revised Act or provision into force, and

(b) if that Act or provision comes into force before the date on which the revision comes into force, the proclamation under subsection (1) operates to bring the corresponding revised Act or provision into force.

6(4) From the time a revision comes into force, the official copy deposited with the Clerk of the Legislative Assembly is considered to be the original of the statutes of New Brunswick so revised.

Repeal of previous versions
7 On the coming into force of a revision, if the revision

(a) has a schedule that lists the Acts that are repealed in whole or in part on the coming into force of the revision, those Acts are repealed to the extent shown in the schedule, or

(b) does not have a schedule that lists the Acts that are repealed in whole or in part on the coming into force of the revision, those Acts are repealed to the extent specified in the revision.

Publication of revision
8(1) The Queen's Printer shall provide for the publication of every revision, including any appendices, schedules or indices deposited with the revision under subsection 5(1) and any supplement prepared under section 9.

8(2) The revision of an individual Act may be published in the annual volume of the Acts of New Brunswick for the year in which the revision is deposited.

8(3) A document that purports to be published by the Queen's Printer as a revised Act shall be received in evidence, in the absence of evidence to the contrary, as an accurate copy of the revised Act.

Supplement to revision
9(1) The Committee may revise, in a manner consistent with the powers of revision under this Act, and include in a supplement to a revision, the public Acts enacted after the revision is deposited under subsection 5(1) and before the coming into force of the revision in order to bring those Acts into conformity with the revision.

9(2) A supplement prepared in accordance with this section is deemed to be included in and form part of the revision.

Judicial notice
10 Judicial notice shall be taken of every revised Act.

Legal effect of revision
11 A revision does not operate as new law but has effect and shall be interpreted as a consolidation of the law contained in the Acts replaced by the revision.

References
12 After a revised Act comes into force,

(a) a reference in any Act, regulation, rule, order, by-law, agreement or other instrument or document to an Act that was replaced by the revision shall be read, unless the context requires otherwise, as a reference to the revised Act, and

(b) a reference in any Act, regulation, rule, order, by-law, agreement or other instrument or document to a particular provision of an Act that was replaced by the revision shall be read, unless the context requires otherwise, as a reference to the corresponding provision of the revised Act.

Regulations
13(1) The Lieutenant-Governor in Council may make regulations

(a) to correct, in a manner consistent with the powers of revision under this Act, any error in a revision;

(b) respecting the citing of a revision.

13(2) A regulation under paragraph (1)(a) may be made retroactive to the date of the coming into force of the revision.

13(3) A regulation under paragraph (1)(a) ceases to have effect after the last day of the next session of the Legislative Assembly after the regulation is made.


 

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