Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, Legislation Act, 2006
Legislation Act, 2006
S.o. 2006, chapter 21
Schedule F
Consolidation Period:听 From January 1, 2025 to the .
Last amendment: .
Legislative History: ; ; ; ; ; ; ; .
CONTENTS
| PART I | ||
| Definitions | ||
| Role of Attorney General | ||
| Designation by Chief Legislative Counsel | ||
| Duty, obsolete Acts | ||
| PART II | ||
| Citation of Acts | ||
| Enacting clause | ||
| Power to amend or repeal | ||
| Commencement of Acts | ||
| Transition 鈥 provisions to come into force on proclamation | ||
| Time of commencement and repeal | ||
| Exercise of delegated power before commencement | ||
| Repeal of Acts, provisions not yet ordered in force | ||
| Endorsements on Acts | ||
| Reserved bills | ||
| Judicial notice | ||
| Copies for publication | ||
| Publication | ||
| Regulations | ||
| PART III | ||
| Definitions | ||
| Filing of regulations | ||
| Filing date | ||
| Registrar鈥檚 discretion not to file | ||
| Registrar鈥檚 duty not to file | ||
| When regulation effective | ||
| Time of commencement and revocation | ||
| Exercise of delegated power before commencement | ||
| Proof of making, approval, filing and publication | ||
| When published | ||
| Pre-publication corrections | ||
| Post-publication corrections | ||
| No validation | ||
| Judicial notice | ||
| Citation of regulations | ||
| Registrar | ||
| Regulations | ||
| Standing committee | ||
| PART IV | ||
| Official law | ||
| Official copy | ||
| Presumption, printed by King鈥檚 Printer | ||
| Presumption, accessed from e-Laws | ||
| Official copies of source law as evidence | ||
| Official copies of consolidated law as evidence | ||
| e-Laws, provisions not in force | ||
| Regulations | ||
| PART V | ||
| Editorial and other changes | ||
| Notice | ||
| Date of change | ||
| Interpretation | ||
| PART VI | ||
| Application to Acts and regulations | ||
| Contrary intention or context requiring otherwise | ||
| Existing and future legislation | ||
| Other documents | ||
| Interpretation and definition provisions | ||
| Effect of repeal and revocation | ||
| Effect of amendment and replacement | ||
| Effect of repeal and revocation on amendments | ||
| Regulations 鈥 power to make, amend, etc. | ||
| Obsolete regulations | ||
| No implication | ||
| No revival | ||
| Reference to Act or regulation includes reference to individual provisions | ||
| References to 澳门永利 legislation | ||
| References to other Canadian legislation | ||
| Static incorporation of foreign legislation | ||
| Incorporation of documents by reference | ||
| Law always speaking | ||
| Rule of liberal interpretation | ||
| Bilingual texts | ||
| Bilingual names | ||
| Number | ||
| Gender | ||
| Preambles | ||
| Reference aids | ||
| Crown not bound, exception | ||
| Succession | ||
| How proclamations issued | ||
| Judicial notice | ||
| Appointments | ||
| Implied powers | ||
| Incidental powers | ||
| Performance when occasion requires | ||
| Powers and duties remain despite delegation | ||
| Delegation of regulation-making power | ||
| Survival of delegation | ||
| General or particular | ||
| Fee regulations | ||
| Deviations from required form | ||
| Different forms of defined terms | ||
| Terms used in regulations | ||
| Definitions | ||
| Holidays | ||
| Computation of time | ||
| Age | ||
| Private Acts | ||
| Corporations, implied provisions | ||
| Majority | ||
| Reference to series | ||
| Oaths, affirmations and declarations | ||
| Requirements for security and sureties | ||
| Immunity provisions | ||
| PART VII | ||
| Unconsolidated Acts | ||
| Unconsolidated regulations | ||
| Resolution of uncertainty or transition | ||
听
Definitions
鈥渃onsolidated law鈥 means a source law into which are incorporated,
(a) amendments, if any, that are enacted by the Legislature or filed with the Registrar of Regulations under Part III (Regulations) or under a predecessor of that Part, and
(b) changes, if any, that are made under Part V (Change Powers); (鈥texte l茅gislatif codifi茅鈥)
鈥渆-Laws website鈥 means the website of the Government of 澳门永利 for statutes, regulations and related materials that is available on the Internet at www.e-laws.gov.on.ca or at another website address specified by a regulation made under subsection (3);听 (鈥渟ite Web Lois-en-ligne鈥)
鈥渓egislation鈥 means Acts and regulations; (鈥渓茅gislation鈥)
鈥渟ource law鈥 means,
(a) in the case of an Act, the Act as enacted by the Legislature, and
(b) in the case of a regulation, the regulation as filed with the Registrar of Regulations under Part III (Regulations) or under a predecessor of that Part. (鈥渢exte l茅gislatif source鈥)听 2006, c.听21, Sched.听F, s.听1 (1); 2009, c.听33, Sched.听2, s.听43听(1-3).
Reference to amendment includes reference to repeal, revocation
(2) A reference in this Act to amendment in relation to legislation is also a reference to repeal or revocation, unless a contrary intention appears.听 2006, c.听21, Sched.听F, s.听1 (2).
Regulations re e-Laws website
(3) The Attorney General may, by regulation, specify another website address for the purpose of the definition of 鈥渆-Laws website鈥 in subsection (1).听 2006, c.听21, Sched.听F, s.听1 (3).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Role of Attorney General
(a) maintain the electronic database of source law and consolidated law for the e-Laws website so as to facilitate convenient and reliable public access to 澳门永利 legislation;
(b) safeguard the accuracy and integrity of the electronic database of source law and consolidated law that appears on the e-Laws website; and
(c) safeguard the accuracy and integrity of publications of source law and consolidated law published by the King鈥檚 Printer for 澳门永利 or by an entity prescribed under clause 41 (1) (a).听 2006, c.听21, Sched.听F, s.听2; 2020, c. 34, Sched. 13, s. 5 (1); 2024, c. 2, Sched. 19, s. 9 (6).
Section Amendments with date in force (d/m/y)
- 31/03/2021
- 06/03/2024
Designation by Chief Legislative Counsel
3 The Chief Legislative Counsel may designate one or more lawyers employed in the Office of Legislative Counsel to exercise the powers and perform the duties of the Chief Legislative Counsel in his or her place.听 2006, c.听21, Sched.听F, s.听3.
Duty, obsolete Acts
4 The Chief Legislative Counsel shall, from time to time, provide to the Attorney General a list of Acts, or any parts, portions or sections of Acts, that have been rendered obsolete by events or the passage of time.听 2006, c.听21, Sched.听F, s.听4.
Citation of Acts
(a) by its long or short title;
(b) in English as 鈥淪tatutes of 澳门永利鈥 or 鈥淪.O.鈥 and in French as 鈥淟ois de l鈥櫚拿庞览 or 鈥淟.O.鈥, followed by its year of enactment and its chapter number.听 2006, c.听21, Sched.听F, s.听5 (1); 2009, c.听33, Sched.听2, s.听43听(4).
Same
(2) An Act set out in the Revised Statutes of 澳门永利 may be cited in English as 鈥淩evised Statutes of 澳门永利, (year)鈥 or 鈥淩.S.O. (year)鈥 and in French as 鈥淟ois refondues de l鈥櫚拿庞览 de (year)鈥 or 鈥淟.R.O. (year)鈥, followed by its chapter number.听 2006, c.听21, Sched.听F, s.听5 (2); 2009, c.听33, Sched.听2, s.听43听(5).
Same
(3) An Act may also be cited in accordance with a method prescribed under clause 16 (a) or in accordance with accepted legislation citation practices.听 2006, c.听21, Sched.听F, s.听5 (3); 2009, c.听33, Sched.听2, s.听43听(6).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Enacting clause
6 An Act shall contain, at the beginning, the following words to indicate the authority by virtue of which it is passed: 鈥淗is Majesty, by and with the advice and consent of the Legislative Assembly of the Province of 澳门永利, enacts as follows鈥.听 2006, c.听21, Sched.听F, s.听6; 2024, c. 2, Sched. 19, s. 9 (1).
Section Amendments with date in force (d/m/y)
- 06/03/2024
Power to amend or repeal
7 (1) Every Act reserves to the Legislature power to repeal or amend it and to revoke or modify any power or advantage that it confers.听 2006, c.听21, Sched.听F, s.听7 (1).
Same
(2) Any Act may be amended or repealed by an Act passed in the same session of the Legislature.听 2006, c.听21, Sched.听F, s.听7 (2).
Commencement of Acts
8 (1) Unless otherwise provided, an Act comes into force on the day it receives Royal Assent.听 2006, c.听21, Sched.听F, s.听8 (1).
Same
(2) Commencement and short title provisions in an Act and the long title of the Act are deemed to come into force on the day the Act receives Royal Assent, regardless of when the Act is specified to come into force.听 2006, c.听21, Sched.听F, s.听8 (2).
Provisions coming into force on a day to be named by order
(3) If an Act provides that any provisions of an Act are to come into force on a day to be named by order of the Lieutenant Governor in Council, the following rules apply to such an order:
1. Orders may be issued at different times for different parts, portions or sections of those provisions.
2. The order may be amended or revoked by a further order of the Lieutenant Governor in Council.
3. The order may be amended or revoked before the date named by the order, but not on or after that date.
4. If the order names different dates for different provisions, the order may be amended or revoked with respect to a particular provision before the date named for that provision, but not on or after that date. 2024, c. 2, Sched. 15, s. 1.
Effect of amendment to order
(4) For greater certainty, the dates referred to in paragraphs 3 and 4 of subsection (3) are the dates as amended by any amendments to that order. 2024, c. 2, Sched. 15, s. 1.
Section Amendments with date in force (d/m/y)
- 01/01/2025
Transition 鈥 provisions to come into force on proclamation
8.1 (1) A provision of an Act that is to come into force on a day to be named by proclamation of the Lieutenant Governor is deemed to be a provision that is to come into force on a day to be named by order of the Lieutenant Governor in Council. 2024, c. 2, Sched. 15, s. 2.
Same
(2) A proclamation that names a day on which any provisions of an Act are to come into force may be amended by order of the Lieutenant Governor in Council in accordance with the rules set out in section 8, with necessary modifications. 2024, c. 2, Sched. 15, s. 2.
Continued validity of issued proclamations
(3) Any proclamation that names a day on which provisions of an Act are to come into force and that was issued on or before the day that is 30 days after the day this section came into force continues to be valid. 2024, c. 2, Sched. 15, s. 2.
Section Amendments with date in force (d/m/y)
- 01/01/2025
Time of commencement and repeal
Commencement
9 (1) Unless otherwise provided, an Act comes into force at the first instant of the day on which it comes into force.听 2006, c.听21, Sched.听F, s.听9 (1).
Limitation
(2) Unless otherwise provided, an Act that comes into force on Royal Assent is not effective against a person before the earlier of the following times:
1. When the person has actual notice of it.
2. The last instant of the day on which it comes into force.听 2006, c.听21, Sched.听F, s.听9 (2).
Repeal
(3) Unless otherwise provided, the repeal of an Act takes effect at the first instant of the day of repeal.听 2006, c.听21, Sched.听F, s.听9 (3).
Exercise of delegated power before commencement
10 (1) A power conferred by an Act to make regulations or appointments or do any other thing may be exercised at any time after Royal Assent even if the Act is not yet in force.听 2006, c.听21, Sched.听F, s.听10 (1).
Same
(2) Until the Act comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the Act effective when it comes into force.听 2006, c.听21, Sched.听F, s.听10 (2).
Repeal of Acts, provisions not yet ordered in force
Annual report
10.1 (1) On one of the first five days on which the Legislative Assembly sits in each calendar year, the Attorney General shall table in the Assembly a report listing every Act or provision of an Act that,
(a) is to come into force on a day to be named by order of the Lieutenant Governor in Council;
(b) was enacted nine years or more before December 31 of the preceding calendar year; and
(c) was not in force on December 31 of the preceding calendar year.听 2009, c.听33, Sched.听2, s.听43听(7); 2024, c. 2, Sched. 15, s. 3 (1).
Repeal
(2) Every Act or provision listed in the annual report is repealed on December 31 of the calendar year in which the report is tabled unless,
(a) it comes into force or is repealed on or before December 31 of that calendar year; or
(b) during that calendar year, the Assembly adopts a resolution that the Act or provision listed in the report not be repealed.听 2009, c.听33, Sched.听2, s.听43听(7); 2024, c. 2, Sched. 15, s. 3 (2).
Publication
(3) The Attorney General shall, in each calendar year, publish on the e-Laws website a list of every Act or provision repealed under this section on December 31 of the preceding calendar year, and may publish the list in any other manner that he or she considers appropriate.听 2009, c.听33, Sched.听2, s.听43听(7).
First report
(4) The first report under subsection (1) shall be tabled in 2011.听 2009, c.听33, Sched.听2, s.听43听(7).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 01/01/2025; - 06/03/2024
Endorsements on Acts
11 (1) The Clerk of the Assembly shall indicate on every Act, after the title, the date on which it receives Royal Assent.听 2006, c.听21, Sched.听F, s.听11 (1).
Same
(2) The date of assent forms part of the Act.听 2006, c.听21, Sched.听F, s.听11 (2).
Reserved bills
12 (1) In this Part, a reference to the day or date on which an Act receives Royal Assent is, in the case of a bill reserved by the Lieutenant Governor, a reference to the day on which the Lieutenant Governor signifies, by speech or message to the Assembly or by proclamation, that the bill was laid before the Governor General in Council and that the Governor General was pleased to assent to it.听 2006, c.听21, Sched.听F, s.听12 (1).
Endorsement, date of reservation
(2) The Clerk of the Assembly shall indicate, on every bill that is reserved, the date of reservation.听 2006, c.听21, Sched.听F, s.听12 (2).
Judicial notice
13 (1) Judicial notice shall be taken of the enactment and contents of an Act.听 2006, c.听21, Sched.听F, s.听13.
Same
(2) Judicial notice shall be taken of the issuing and contents of,
(a) every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force; and
(b) every order of the Lieutenant Governor in Council that amends or revokes an order described in clause (a). 2024, c. 2, Sched. 15, s. 4.
Section Amendments with date in force (d/m/y)
- 01/01/2025
Copies for publication
14 The Clerk of the Assembly shall provide a certified copy of each Act of the Legislature, as soon as it has been assented to, for the purpose of publication on the e-Laws website and print publication.听 2006, c.听21, Sched.听F, s.听14.
Publication
15 (1) Every Act of the Legislature shall be published on the e-Laws website and in print.听 2006, c.听21, Sched.听F, s.听15 (1).
Corrections on e-Laws website
(2) If the Chief Legislative Counsel discovers that an Act published on the e-Laws website differs from the Act as assented to, he or she shall ensure that a corrected Act is promptly published on the e-Laws website.听 2006, c.听21, Sched.听F, s.听15 (2); 2009, c.听33, Sched.听2, s.听43听(8).
Corrections in print
(3) If the Chief Legislative Counsel discovers that an Act published in print under subsection (1) differs from the Act as assented to, he or she may cause the corrected Act to be published in print, if he or she considers it appropriate.听 2006, c.听21, Sched.听F, s.听15 (3); 2009, c.听33, Sched.听2, s.听43听(9).
Publication of certain orders
(3.1) Every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force, and every order of the Lieutenant Governor in Council that amends or revokes such an order, shall be published on the e-Laws website promptly after it is made. 2024, c. 2, Sched. 15, s. 5 (1).
Corrections
(3.2) If the Chief Legislative Counsel discovers that an order that is published on the e-Laws website in accordance with subsection (3.1) differs from the order that was made, the Chief Legislative Counsel shall ensure that a corrected order is promptly published on the e-Laws website. 2024, c. 2, Sched. 15, s. 5 (1).
Notice
(4) Where subsection (2), (3) or (3.2) applies, the Chief Legislative Counsel may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website or in print.听 2009, c.听33, Sched.听2, s.听43听(10); 2024, c. 2, Sched. 15, s. 5 (2).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 01/01/2025
Regulations
16 The Attorney General may make regulations,
(a) prescribing methods of citing Acts to supplement or provide alternatives to the methods set out in section 5;
(b) prescribing the manner of publishing Acts on the e-Laws website and in print for the purposes of subsection 15 (1).听 2006, c.听21, Sched.听F, s.听16; 2009, c.听33, Sched.听2, s.听43听(11).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Definitions
鈥淩egistrar鈥 means the Registrar of Regulations appointed under section 31; (鈥渞egistrateur鈥)
鈥渞egulation鈥 means a regulation, rule, order or by-law of a legislative nature made or approved under an Act of the Legislature by the Lieutenant Governor in Council, a minister of the Crown, an official of the government or a board or commission all the members of which are appointed by the Lieutenant Governor in Council, but does not include,
(a) a by-law of a municipality or local board as defined in the Municipal Affairs Act, or
(b) an order of the 澳门永利 Land Tribunal. (鈥渞猫glement鈥) 2006, c.听21, Sched.听F, s.听17; 2021, c. 4, Sched. 6, s. 57.
Section Amendments with date in force (d/m/y)
- 01/06/2021
Filing of regulations
18 (1) Every regulation shall be filed with the Registrar, except as provided in sections 19 to 21.听 2006, c.听21, Sched.听F, s.听18 (1).
Regulations made or approved by Lieutenant Governor in Council
(2) If a regulation is made or approved by the Lieutenant Governor in Council, a copy of the regulation certified to be a true copy by the Clerk or Deputy Clerk of the Executive Council shall be filed.听 2006, c.听21, Sched.听F, s.听18 (2).
Other regulations
(3) If a regulation is not made or approved by the Lieutenant Governor in Council, the original regulation, signed by the person or entity authorized to make the regulation, shall be filed.听 2006, c.听21, Sched.听F, s.听18 (3).
Same
(4) If a regulation described in subsection (3) requires the approval of a person or entity other than the Lieutenant Governor in Council, the original regulation, signed by the person or entity authorized to make the regulation and by the person or entity whose approval is required, shall be filed.听 2006, c.听21, Sched.听F, s.听18 (4).
Corporation or other entity
(5) If a corporation or other entity makes or approves a regulation, the signature of an officer or agent who has authority to sign on behalf of the corporation or entity is deemed to be the signature of the corporation or entity for the purposes of subsections (3) and (4).听 2006, c.听21, Sched.听F, s.听18 (5).
Proof of office not required
(6) A regulation signed by an officer or agent under subsection (5) may be filed without proof of the authority, office or signature of the person signing on behalf of the corporation or entity, but the signed regulation shall show his or her office or title.听 2006, c.听21, Sched.听F, s.听18 (6).
Other requirement
(7) A regulation presented for filing shall show the date on which it was made and, if approval is required, the date on which it was approved.听 2006, c.听21, Sched.听F, s.听18 (7).
Public inspection
(8) A filed regulation shall be made available for public inspection.听 2006, c.听21, Sched.听F, s.听18 (8).
Filing date
19 (1) A regulation shall not be filed on a date that is later than four months after the date on which it was made or, if approval of the regulation is required, the date it is approved.听 2006, c.听21, Sched.听F, s.听19 (1).
Consent to extend filing date
(2) Despite subsection (1), a regulation may be filed on a date that is later than that described in subsection (1) if consent to do so has been obtained from the person or entity authorized to make the regulation and, if the regulation requires approval, from the person or entity authorized to approve the regulation.听 2006, c.听21, Sched.听F, s.听19 (2).
Date to be specified
(3) The consent shall specify a date after the four-month period described in subsection (1) by which the regulation shall be filed.听 2006, c.听21, Sched.听F, s.听19 (3).
Timing of consent
(4) A consent to extend the filing date and any subsequent consents may be given at any time,
(a) whether before or after the four-month period described in subsection (1) has expired; and
(b) whether or not a date set out in an earlier consent has expired.听 2006, c.听21, Sched.听F, s.听19 (4).
Filing restriction
(5) The regulation shall not be filed after the date specified in the consent.听 2006, c.听21, Sched.听F, s.听19 (5).
Consent to be filed
(6) The consent extending the filing date shall be filed with the Registrar at the same time as the regulation is filed, and the rules for signing and certifying the regulation set out in section 18 apply to the consent, with necessary modifications.听 2006, c.听21, Sched.听F, s.听19 (6).
Same
(7) A consent filed under this section need not be published.听 2006, c.听21, Sched.听F, s.听19 (7).
(8) Repealed: 2024, c. 2, Sched. 15, s. 6.
Section Amendments with date in force (d/m/y)
- 06/03/2024
Registrar鈥檚 discretion not to file
20 The Registrar may refuse to file a regulation if the rules for filing set out in section 18 or prescribed under clause 32 (a) have not been complied with.听 2006, c.听21, Sched.听F, s.听20.
Registrar鈥檚 duty not to file
21 (1) The Registrar shall refuse to file a regulation if the regulation is not bilingual but purports to amend a bilingual regulation.听 2006, c.听21, Sched.听F, s.听21 (1).
Same
(2) The Registrar shall refuse to file a regulation if section 19 has not been complied with.听 2006, c.听21, Sched.听F, s.听21 (2).
Deemed validity of filing
(3) If a regulation that fails to meet the requirements of this section is inadvertently accepted for filing, the regulation is deemed to be validly filed despite that failure.听 2006, c.听21, Sched.听F, s.听21 (3).
Same
(4) Subsection (3) shall be interpreted only as validating a procedural irregularity.听 2006, c.听21, Sched.听F, s.听21 (4).
When regulation effective
22 (1) A regulation that is not filed has no effect.听 2006, c.听21, Sched.听F, s.听22 (1).
Same
(2) Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation comes into force on the day on which it is filed.听 2006, c.听21, Sched.听F, s.听22 (2).
No retroactivity authorized
(3) Nothing in this section authorizes the making of a regulation that is effective with respect to a period before its filing.听 2006, c.听21, Sched.听F, s.听22 (3).
Time of commencement and revocation
Commencement
23 (1) Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation comes into force at the first instant of the day on which it comes into force.听 2006, c.听21, Sched.听F, s.听23 (1).
Same
(1.1) A commencement provision in a regulation is deemed to come into force on the day the regulation is filed, regardless of when the regulation is specified to come into force. 2024, c. 2, Sched. 15, s. 7.
Limitation
(2) Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation is not effective against a person before the earliest of the following times:
1. When the person has actual notice of it.
2. The last instant of the day on which it is published on the e-Laws website.
3. The last instant of the day on which it is published in The 澳门永利 Gazette.听 2006, c.听21, Sched.听F, s.听23 (2); 2020, c. 34, Sched. 13, s. 5 (2).
Revocation
(3) Unless a regulation or an Act provides otherwise, the revocation of a regulation takes effect at the first instant of the day of revocation.听 2006, c.听21, Sched.听F, s.听23 (3).
Section Amendments with date in force (d/m/y)
- 31/03/2021
- 06/03/2024
Exercise of delegated power before commencement
23.1 (1) A power conferred by a regulation may be exercised at any time after the regulation is filed even if the regulation is not yet in force. 2024, c. 2, Sched. 15, s. 8.
Same
(2) Until the regulation comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the regulation effective when it comes into force. 2024, c. 2, Sched. 15, s. 8.
Section Amendments with date in force (d/m/y)
- 06/03/2024
Proof of making, approval, filing and publication
When made
24 (1) Unless the contrary is proved, the date indicated on the e-Laws website or in The 澳门永利 Gazette as the date on which a regulation was made is proof that the regulation was made on that date.听 2006, c.听21, Sched.听F, s.听24 (1); 2020, c. 34, Sched. 13, s. 5 (2).
When approved
(2) Unless the contrary is proved, if approval is required for the making of a regulation, the date indicated on the e-Laws website or in The 澳门永利 Gazette as the date on which approval was given is proof that the regulation was approved on that date.听 2006, c.听21, Sched.听F, s.听24 (2); 2020, c. 34, Sched. 13, s. 5 (2).
When filed
(3) Unless the contrary is proved, the date indicated on the e-Laws website or in The 澳门永利 Gazette as the date on which a regulation was filed is proof that the regulation was filed on that date.听 2006, c.听21, Sched.听F, s.听24 (3); 2020, c. 34, Sched. 13, s. 5 (2).
When published on e-Laws
(4) Unless the contrary is proved, the date of publication indicated for a regulation on the e-Laws website is proof that the regulation was published on the e-Laws website on that date.听 2006, c.听21, Sched.听F, s.听24 (4).
When published in The 澳门永利 Gazette
(5) Unless the contrary is proved, the date of publication indicated for a regulation in The 澳门永利 Gazette is proof that the regulation was published in The 澳门永利 Gazette on that date.听 2006, c.听21, Sched.听F, s.听24 (5); 2020, c. 34, Sched. 13, s. 5 (2).
Section Amendments with date in force (d/m/y)
- 31/03/2021
When published
25 (1) Every regulation shall be published,
(a) on the e-Laws website promptly after its filing; and
(b) in The 澳门永利 Gazette within one month after its filing or in accordance with such other timelines as may be specified in a regulation made under clause 32 (c).听 2006, c.听21, Sched.听F, s.听25 (1); 2020, c. 34, Sched. 13, s. 5 (2).
Date of filing, publication, etc.
(2) A published regulation shall show the date of its filing, the date of its publication on the e-Laws website and the date of its publication in The 澳门永利 Gazette, in the manner directed by the Registrar.听 2006, c.听21, Sched.听F, s.听25 (2); 2020, c. 34, Sched. 13, s. 5 (2).
Publication in order of filing
(3) Regulations shall be published in the order in which they are filed unless, in the opinion of the Registrar, for practical or technical reasons related to the publication process, it is impossible, impractical or unreasonably difficult or costly to do so.听 2006, c.听21, Sched.听F, s.听25 (3).
Numbering
(4) Regulations shall be numbered in the order in which they are filed, and a new series shall be commenced each year.听 2006, c.听21, Sched.听F, s.听25 (4).
Same, e-Laws publication
(5) For the purposes of subsection (3), regulations that are published on the e-Laws website simultaneously or as a batch are deemed to be published in the order in which they are filed.听 2006, c.听21, Sched.听F, s.听25 (5).
Section Amendments with date in force (d/m/y)
- 31/03/2021
Pre-publication corrections
26 (1) At any time before a filed regulation is first published under subsection 25 (1), the Registrar may,
(a) correct spelling, punctuation or grammatical errors, or errors that are of a clerical, typographical or similar nature;
(b) alter the style or presentation of text or graphics to be consistent with the editorial or drafting practices of 澳门永利, or to improve electronic or print presentation; and
(c) correct errors in the numbering of provisions and make any changes in cross-references that are required as a result.听 2006, c.听21, Sched.听F, s.听26 (1).
Same
(2) Corrections and alterations made under this section are deemed to be part of the regulation as filed with the Registrar under this Part.听 2006, c.听21, Sched.听F, s.听26 (2).
Post-publication corrections
Correction on e-Laws website
27 (1) If the Registrar discovers that a regulation published on the e-Laws website differs from the filed regulation, he or she shall ensure that a corrected regulation is promptly published on the e-Laws website.听 2006, c.听21, Sched.听F, s.听27 (1); 2009, c.听33, Sched.听2, s.听43听(12).
Notice of correction on e-Laws website
(2) Where subsection (1) applies, the Registrar may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website.听 2009, c.听33, Sched.听2, s.听43听(13).
Notice of correction in Gazette
(3) If the Registrar discovers that a regulation published in The 澳门永利 Gazette differs from the filed regulation, the Registrar may, if he or she considers it appropriate, publish a notice of correction in The 澳门永利 Gazette.听 2006, c.听21, Sched.听F, s.听27 (3); 2009, c.听33, Sched.听2, s.听43听(14); 2020, c. 34, Sched. 13, s. 5 (2).
Same
(4) A notice of correction published under subsection (3) may include a corrected regulation, if the Registrar considers it appropriate.听 2009, c.听33, Sched.听2, s.听43听(15).
(5) Repealed:听 2009, c.听33, Sched.听2, s.听43听(15).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 31/03/2021
No validation
28 The filing, publication or correction of a regulation under this Act does not validate the regulation if it is otherwise invalid.听 2006, c.听21, Sched.听F, s.听28.
Judicial notice
29 Judicial notice shall be taken of the making, approval where required, filing, contents and publication of a regulation that is published on the e-Laws website or in The 澳门永利 Gazette.听 2006, c.听21, Sched.听F, s.听29; 2020, c. 34, Sched. 13, s. 5 (2).
Section Amendments with date in force (d/m/y)
- 31/03/2021
Citation of regulations
30 (1) A regulation may be cited in English as 鈥湴拿庞览 Regulation鈥 or 鈥淥. Reg.鈥 and in French as 鈥淩猫glement de l鈥櫚拿庞览 or 鈥淩猫gl. de l鈥橭nt.鈥 followed by its filing number, a forward slash and the year of its filing.听 2006, c.听21, Sched.听F, s.听30 (1); 2009, c.听33, Sched.听2, s.听43听(16).
Same
(2) The year of filing of a regulation may be indicated in full or by the last two figures in the year.听 2006, c.听21, Sched.听F, s.听30 (2).
Same
(3) A regulation set out in the Revised Regulations of 澳门永利 may be cited,
(a) in English as 鈥淩evised Regulations of 澳门永利, (year) , Regulation (number)鈥 or as 鈥淩.R.O. (year), Reg. (number)鈥; and
(b) in French as 鈥淩猫glements refondus de l鈥櫚拿庞览 de (year), R猫glement (number)鈥 or as 鈥淩.R.O. (year), R猫gl. (number)鈥.听 2006, c.听21, Sched.听F, s.听30 (3); 2009, c.听33, Sched.听2, s.听43听(17).
Same
(4) A regulation may also be cited in accordance with a method prescribed under clause 32 (b) or in accordance with accepted legislation citation practices.听 2006, c.听21, Sched.听F, s.听30 (4); 2009, c.听33, Sched.听2, s.听43听(18).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Registrar
31 (1) A lawyer employed in the Office of Legislative Counsel shall be appointed by the Lieutenant Governor in Council as Registrar of Regulations.听 2006, c.听21, Sched.听F, s.听31 (1).
Duty, preparation of regulations
(2) The Registrar shall advise on and assist in the preparation of regulations.听 2006, c.听21, Sched.听F, s.听31 (2).
Other duties
(3) The Registrar shall,
(a) be responsible for the numbering, indexing and publication of all regulations filed under this Part;
(b) set standards respecting the format in which regulations shall be submitted for filing;
(c) exercise the powers given and perform the duties assigned under this Part.听 2006, c.听21, Sched.听F, s.听31 (3).
Assistant Registrars
(4) The Registrar may designate one or more lawyers employed in the Office of Legislative Counsel as Assistant Registrar to exercise the powers and perform the duties of the Registrar in his or her place.听 2006, c.听21, Sched.听F, s.听31 (4).
Regulations
32 The Attorney General may make regulations,
(a) prescribing methods and rules for filing regulations that supplement or provide alternatives to the rules described in section 18, to permit the establishment of an electronic regulations filing system or otherwise address technological change;
(b) prescribing methods of citing regulations to supplement or provide alternatives to the methods set out in section 30;
(c) prescribing timelines for the purposes of clause 25 (1) (b);
(d) respecting the powers and duties of the Registrar.听 2006, c.听21, Sched.听F, s.听32; 2009, c.听33, Sched.听2, s.听43听(19).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Standing committee
33 (1) 听At the commencement of each session of the Legislature, a standing committee of the Assembly shall be appointed under this section with authority to sit during the session.听 2006, c.听21, Sched.听F, s.听33 (1).
Regulations referred
(2) Every regulation stands permanently referred to the standing committee for the purposes of subsection (3).听 2006, c.听21, Sched.听F, s.听33 (2).
Terms of reference
(3) The standing committee shall examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power but without reference to the merits of the policy or objectives to be effected by the regulations or enabling Acts, and shall deal with such other matters as are referred to it by the Assembly.听 2006, c.听21, Sched.听F, s.听33 (3).
Authority to call persons
(4) The standing committee may examine any member of the Executive Council or any public servant designated by the member respecting any regulation made under an Act that is under his or her administration.听 2006, c.听21, Sched.听F, s.听33 (4).
Report
(5) The standing committee shall, from time to time, report to the Assembly its observations, opinions and recommendations.听 2006, c.听21, Sched.听F, s.听33 (5).
Official law
34 (1) A bill that receives Royal Assent and is endorsed by the Clerk of the Assembly as having received Royal Assent is official law.听 2006, c.听21, Sched.听F, s.听34 (1).
Same
(2) A regulation that is filed with the Registrar of Regulations under Part III (Regulations) or a predecessor of that Part is official law.听 2006, c.听21, Sched.听F, s.听34 (2).
Official copy
35 (1) A copy of a source law or a consolidated law is an official copy of that law if,
(a) it is printed by the King鈥檚 Printer for 澳门永利 or by an entity that is prescribed under clause 41 (1) (a);
(b) it is accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b); or
(c) it is prescribed under clause 41 (1) (c) as an official copy.听 2006, c.听21, Sched.听F, s.听35 (1); 2024, c. 2, Sched. 19, s. 9 (6).
Disclaimer
(2) Subsection (1) does not apply to a copy that is accompanied by a disclaimer to the effect that it is not intended as official.听 2006, c.听21, Sched.听F, s.听35 (2); 2009, c.听33, Sched.听2, s.听43听(20).
Same
(3) In the case of a copy referred to in clause (1) (b), the copy is accompanied by a disclaimer if the disclaimer is on the e-Laws website when the copy is accessed.听 2006, c.听21, Sched.听F, s.听35 (3); 2009, c.听33, Sched.听2, s.听43听(21).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 06/03/2024
Presumption, printed by King鈥檚 Printer
36 Unless the contrary is proved, a copy of a source law or consolidated law purporting to be printed by the King鈥檚 Printer for 澳门永利 or other prescribed entity was so printed.听 2006, c.听21, Sched.听F, s.听36; 2024, c. 2, Sched. 19, s. 9 (6).
Section Amendments with date in force (d/m/y)
- 06/03/2024
Presumption, accessed from e-Laws
37 Unless the contrary is proved, a copy of a source law or consolidated law submitted with an oral or written statement to the effect that it was accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b) was so accessed.听 2006, c.听21, Sched.听F, s.听37.
Official copies of source law as evidence
38 Unless the contrary is proved, an official copy of a source law is an accurate statement of that law.听 2006, c.听21, Sched.听F, s.听38.
Official copies of consolidated law as evidence
39 Unless the contrary is proved, an official copy of a consolidated law is an accurate statement of that law,
(a) in the case of an official copy described in clause 35 (1) (a), on the consolidation date shown on the copy;
(b) in the case of an official copy accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b), during the period indicated on the e-Laws website in respect of the copy when the copy is accessed;
(c) in the case of an official copy prescribed under clause 41 (1) (c), on the date or during the period prescribed under clause 41 (1) (d).听 2006, c.听21, Sched.听F, s.听39.
e-Laws, provisions not in force
40 (1) A source law or consolidated law published on the e-Laws website shall include provisions that have been enacted by the Legislature or filed under Part III (Regulations) or a predecessor of that Part, as the case may be, but that are not yet in force.听 2006, c.听21, Sched.听F, s.听40 (1).
Same
(2) Where a provision that is not yet in force is included in a law published on the e-Laws website, the fact that it is not yet in force shall be indicated on the website, in the manner and to the extent directed by the Chief Legislative Counsel.听 2006, c.听21, Sched.听F, s.听40 (2).
Regulations
41 (1) The Attorney General may make regulations,
(a) prescribing an entity for the purposes of clause 35 (1) (a);
(b) prescribing forms or formats, including print-outs, on-screen displays or other output of electronic data, for the purposes of clause 35 (1) (b);
(c) prescribing official copies for the purposes of clause 35 (1) (c);
(d) prescribing the date on or period during which a copy prescribed under clause (c) is an accurate statement of a consolidated law.听 2006, c.听21, Sched.听F, s.听41 (1).
Same
(2) A regulation made under clause (1) (b), (c) or (d) may be made with respect to,
(a) the manner in which a copy is created, recorded, transmitted, stored, authenticated, received, displayed or perceived;
(b) the person, body or thing that created, recorded, transmitted, stored, authenticated, received, displayed or perceived the copy; and
(c) any statement, mark or certification associated with the creation, recording, transmission, storage, authentication, reception, display or perception of the copy.听 2006, c.听21, Sched.听F, s.听41 (2).
Editorial and other changes
42 (1) This Part does not authorize any change that alters the legal effect of any Act or regulation.听 2006, c.听21, Sched.听F, s.听42 (1).
Same
(2) The Chief Legislative Counsel may make the following changes to consolidated laws:
1. Correct spelling, punctuation or grammatical errors, or errors that are of a clerical, typographical or similar nature.
2. Alter the style or presentation of text or graphics to be consistent with the editorial or drafting practices of 澳门永利, or to improve electronic or print presentation.
2.1 Make such minor changes as may be required to ensure a consistent form of expression.
2.2 Make such minor changes as may be required to make the form of expression of an Act or regulation in French or in English more compatible with its form of expression in the other language.
3. Replace a form of reference to an Act or regulation, or a provision or other portion of an Act or regulation, with a different form of reference, in accordance with 澳门永利 drafting practices.
4. Replace a description of a date or time with the actual date or time.
5. After a bill has been enacted, replace a reference to the bill or a provision or other portion of the bill with a reference to the Act or provision or other portion of the Act.
6. If a provision provides that it is contingent on the occurrence of a future event and the event occurs, remove text referring to the contingency and make any other changes that are required as a result.
7. Make such changes to the title of an Act or regulation, including but not limited to omitting the year from the title of an Act, as are required to accord with changes in methods of citing Acts or regulations or changes in the electronic or print presentation of Acts or regulations, and make any other changes that are required as a result.
8. If an Act or regulation provides that references to a body, office, person, place or thing are deemed or considered to be references to another body, office, person, place or thing, replace a reference to the original body, office, person, place or thing with a reference to the other.
9. When the name, title, location or address of a body, office, person, place or thing has been altered, change references to the name, title, location or address to reflect the alteration, if the body, office, person, place or thing continues under the new name or title or at the new location or address.
9.1 Make such changes as may be required to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with 澳门永利 drafting practices.
10. Correct errors in the numbering of provisions or other portions of an Act or regulation and make any changes in cross-references that are required as a result.
11. If a provision of a transitional nature is contained in an amending Act or regulation, incorporate it as a provision of the relevant consolidated law and make any other changes that are required as a result.
12. Make a correction, if it is patent both that an error has been made and what the correction should be.听 2006, c.听21, Sched.听F, s.听42 (2); 2009, c.听33, Sched.听2, s.听43听(22, 23); 2024, c. 2, Sched. 19, s. 9 (2).
Exception, par. 9 of subs. (2)
(3) Paragraph 9 of subsection (2) does not apply to alterations to the name or title of,
(a) a Minister or Ministry of the Government of 澳门永利;
(b) a municipality, as defined in the Municipal Act, 2001;
(c) a non-legislative document incorporated by reference into an Act or regulation; or
(d) an Act or regulation.听 2006, c.听21, Sched.听F, s.听42 (3).
Error in consolidation
(4) If the Chief Legislative Counsel discovers that an error was made in the process of publishing or consolidating a consolidated law,
(a) in the case of a consolidated law published on the e-Laws website, he or she shall ensure that a corrected consolidated law is published on the e-Laws website; and
(b) in the case of a consolidated law printed by the King鈥檚 Printer for 澳门永利 or by an entity that is prescribed under clause 41 (1) (a), he or she may cause a corrected consolidated law to be published in print, if he or she considers it appropriate in the circumstances.听 2006, c.听21, Sched.听F, s.听42 (4); 2009, c.听33, Sched.听2, s.听43听(24); 2024, c. 2, Sched. 19, s. 9 (6).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 06/03/2024
Notice
43 (1) The Chief Legislative Counsel may provide notice of the changes made under paragraphs 1 to 3 of subsection 42 (2) and of corrections made under subsection 42 (4), in the manner that he or she considers appropriate.听 2006, c.听21, Sched.听F, s.听43 (1).
Same
(2) The Chief Legislative Counsel shall provide notice of the changes made under paragraphs 4 to 12 of subsection 42 (2), in the manner that he or she considers appropriate.听 2006, c.听21, Sched.听F, s.听43 (2).
Same
(3) In determining whether to provide notice of a change made under paragraphs 1 to 3 of subsection 42 (2) or of a correction made under subsection 42 (4), the Chief Legislative Counsel shall consider,
(a) the nature of the change or correction; and
(b) the extent to which notice, and the information provided in it, would provide assistance in understanding the relevant legislative history.听 2006, c.听21, Sched.听F, s.听43 (3); 2009, c.听33, Sched.听2, s.听43听(25, 26).
Same
(4) In providing notice of a change under subsection (1) or (2), the Chief Legislative Counsel shall state the change or the nature of the change.听 2009, c.听33, Sched.听2, s.听43听(27).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Date of change
44 No legal significance shall be inferred from the timing of the exercise of a power under this Part.听 2006, c.听21, Sched.听F, s.听44.
Interpretation
45 Regardless of when a change is made to a consolidated law under this Part, the change may be read, if it is appropriate to do so,
(a) into the source law as of the date it was enacted or filed; or
(b) into earlier consolidations of the Act or regulation.听 2006, c.听21, Sched.听F, s.听45.
Application to Acts and regulations
46 Every provision of this Part applies to every Act and regulation.听 2006, c.听21, Sched.听F, s.听46.
Contrary intention or context requiring otherwise
(a) a contrary intention appears; or
(b) its application would give to a term or provision a meaning that is inconsistent with the context.听 2006, c.听21, Sched.听F, s.听47.
Existing and future legislation
48 Section 46 applies regardless of when the Act or regulation was enacted or made. 2024, c. 2, Sched. 15, s. 9.
Section Amendments with date in force (d/m/y)
- 06/03/2024
Other documents
49 The following provisions also apply, in the same way as to a regulation, to every document that is made under an Act but is not a regulation:
1. Subsection 52 (6) (regulation continues).
2. Section 54 (regulations 鈥 power to make, amend, etc.).
3. Section 58 (reference to Act or regulation includes reference to individual provisions).
4. Section 59 (rolling incorporation of 澳门永利 legislation), but only with respect to the document that contains the reference.
5. Section 86 (terms used in regulations).
6. Section 89 (computation of time).听 2006, c.听21, Sched.听F, s.听49.
Interpretation and definition provisions
50 The interpretation and definition provisions in every Act and regulation are subject to the exceptions contained in section 47.听 2006, c.听21, Sched.听F, s.听50.
Effect of repeal and revocation
51 (1) The repeal of an Act or the revocation of a regulation does not,
(a) affect the previous operation of the repealed or revoked Act or regulation;
(b) affect a right, privilege, obligation or liability that came into existence under the repealed or revoked Act or regulation;
(c) affect a contravention of or offence committed against the repealed or revoked Act or regulation, or any penalty, forfeiture or punishment incurred in connection with the contravention or offence; or
(d) affect an investigation, proceeding or remedy in respect of,
(i) a right, privilege, obligation or liability described in clause (b), or
(ii) a penalty, forfeiture or punishment described in clause (c).听 2006, c.听21, Sched.听F, s.听51 (1); 2024, c. 2, Sched. 15, s. 10.
Same
(2) An investigation, proceeding or remedy described in clause (1) (d) may be commenced, continued and enforced as if the Act or regulation had not been repealed or revoked.听 2006, c.听21, Sched.听F, s.听51 (2).
Same
(3) A penalty, forfeiture or punishment described in clause (1) (c) may be imposed as if the Act or regulation had not been repealed or revoked.听 2006, c.听21, Sched.听F, s.听51 (3).
Section Amendments with date in force (d/m/y)
- 06/03/2024
Effect of amendment and replacement
Application
(a) if an Act is repealed and replaced;
(b) if a regulation is revoked and replaced;
(c) if an Act or regulation is amended.听 2006, c.听21, Sched.听F, s.听52 (1).
Authorized persons continue to act
(2) A person authorized to act under the former Act or regulation has authority to act under the corresponding provisions, if any, of the new or amended one until another person becomes authorized to do so.听 2006, c.听21, Sched.听F, s.听52 (2).
Proceedings continued
(3) Proceedings commenced under the former Act or regulation shall be continued under the new or amended one, in conformity with the new or amended one as much as possible.听 2006, c.听21, Sched.听F, s.听52 (3).
New procedure
(4) The procedure established by the new or amended Act or regulation shall be followed, with necessary modifications, in proceedings in relation to matters that happened before the replacement or amendment.听 2006, c.听21, Sched.听F, s.听52 (4).
Reduction of penalty
(5) If the new or amended Act or regulation provides for a lesser penalty, forfeiture or punishment, the lesser one applies when a sanction is imposed, after the replacement or amendment, in respect of matters that happened before that time.听 2006, c.听21, Sched.听F, s.听52 (5).
Regulation continues
(6) If an Act under which a regulation has been made is replaced or amended, the regulation remains in force to the extent that it is authorized by the new or amended Act.听 2006, c.听21, Sched.听F, s.听52 (6).
Effect of repeal and revocation on amendments
53 The repeal or revocation of an Act or regulation includes the repeal or revocation of any amendment to the Act or regulation.听 2006, c.听21, Sched.听F, s.听53.
Regulations 鈥 power to make, amend, etc.
54 (1) Power to make regulations includes power to amend, revoke or replace them from time to time.听 2006, c.听21, Sched.听F, s.听54 (1).
Survival of power to revoke
(2) Power to revoke a regulation remains even if the provision conferring power to make it has been repealed.听 2006, c.听21, Sched.听F, s.听54 (2).
New regulation-maker
(3) If a provision conferring power on a person or entity to make a regulation is amended, or repealed and replaced, so as to confer the power or substantially the same power on a different person or entity, the second person or entity has power to revoke, amend or replace the regulation made by the first one.听 2006, c.听21, Sched.听F, s.听54 (3).
Same
(4) Subsection (3) applies with necessary modifications if a power of a minister of the Crown to make regulations is conferred on a different minister of the Crown under the Executive Council Act. 2024, c. 2, Sched. 15, s. 11.
Section Amendments with date in force (d/m/y)
- 06/03/2024
Obsolete regulations
55 (1) If a provision of an Act under which a regulation is made is repealed and not replaced, the regulation ceases to have effect, subject to section 51 and subsection 59 (3).听 2006, c.听21, Sched.听F, s.听55 (1).
Same
(2) The Lieutenant Governor in Council may, by regulation, revoke a regulation,
(a) that has ceased to have effect under subsection (1); or
(b) that has been rendered obsolete by events or the passage of time.听 2006, c.听21, Sched.听F, s.听55 (2).
No implication
56 (1) The repeal, revocation or amendment of an Act or regulation does not imply anything about the previous state of the law or that the Act or regulation was previously in force.听 2006, c.听21, Sched.听F, s.听56 (1).
Same
(2) The amendment of an Act or regulation does not imply that the previous state of the law was different.听 2006, c.听21, Sched.听F, s.听56 (2).
Same
(3) The re-enactment, remaking, amendment or changing under Part V (Change Powers) of an Act or regulation does not imply an adoption of any judicial or other interpretation of the language used in the Act or regulation, or of similar language.听 2006, c.听21, Sched.听F, s.听56 (3).
No revival
57 The repeal or revocation of an Act or regulation does not imply the revival of an Act or regulation that is not in force or another thing that is not in existence at the time the repeal or revocation takes effect.听 2006, c.听21, Sched.听F, s.听57.
Reference to Act or regulation includes reference to individual provisions
58 A reference to an Act or regulation is also a reference to each provision of the Act or regulation.听 2006, c.听21, Sched.听F, s.听58.
References to 澳门永利 legislation
59 (1) A reference in an Act or regulation to a provision of another Act or regulation is a reference to the provision,
(a) as amended;
(b) as changed under Part V (Change Powers); or,
(c) if the provision has been replaced, to the replacement provision. 2024, c. 2, Sched. 15, s. 12.
Same
(2) Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference. 2024, c. 2, Sched. 15, s. 12.
Reference to repealed and unreplaced provision
(3) If the provision referred to is repealed or revoked, without being replaced,
(a) the repealed or revoked provision continues to have effect, but only to the extent that is necessary to give effect to the Act or regulation that contains the reference; and
(b) the reference is to the provision as it read immediately before the repeal or revocation.听 2006, c.听21, Sched.听F, s.听59 (3).
Section Amendments with date in force (d/m/y)
- 06/03/2024
References to other Canadian legislation
60 (1) A reference in an Act or regulation to a provision of an Act or regulation of Canada or of another province or territory of Canada is a reference to the provision,
(a) as amended;
(b) as changed in the exercise of a statutory power to make non-substantive changes; or,
(c) if the provision has been replaced, to the replacement provision. 2024, c. 2, Sched. 15, s. 13.
Same
(2) Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference. 2024, c. 2, Sched. 15, s. 13.
Reference to repealed and unreplaced provision
(3) If the provision referred to is repealed or revoked, without being replaced, the reference is to the provision as it read immediately before the repeal or revocation.听 2006, c.听21, Sched.听F, s.听60 (3).
Section Amendments with date in force (d/m/y)
- 06/03/2024
Static incorporation of foreign legislation
61 A reference in an Act or regulation to a provision of an Act or regulation of a jurisdiction outside Canada is a reference to the provision as it read when the 澳门永利 provision containing the reference was most recently enacted, made or amended.听 2006, c.听21, Sched.听F, s.听61.
Incorporation of documents by reference
62 (1) The power to make a regulation may be exercised by incorporating an existing document by reference, in whole or in part.听 2006, c.听21, Sched.听F, s.听62 (1).
Changes
(2) The document may be incorporated subject to such changes as the maker of the regulation considers necessary.听 2006, c.听21, Sched.听F, s.听62 (2).
Static incorporation
(3) The reference to the document is a reference to it as it read when the provision containing the reference was most recently enacted, made or amended.听 2006, c.听21, Sched.听F, s.听62 (3).
Access to incorporated document and earlier versions
(4) When a document is incorporated by reference as described in subsection (1), the Minister responsible for the administration of the Act under which the regulation is made shall take steps to ensure that,
(a) the incorporated document is readily available to the public, on and after the day the regulation or amending regulation containing the reference is filed under Part III (Regulations); and
(b) the incorporated document and any earlier versions of it that were previously incorporated into the regulation or into a predecessor of the regulation remain readily available to the public.听 2006, c.听21, Sched.听F, s.听62 (4); 2009, c.听33, Sched.听2, s.听43听(28).
Transition
(5) Subsection (4) applies with respect to documents incorporated by reference as described in subsection (1) on and after October 19, 2006.听 2006, c.听21, Sched.听F, s.听62 (5); 2024, c. 2, Sched. 15, s. 14.
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 06/03/2024
Law always speaking
63 The law is always speaking, and the present tense shall be applied to circumstances as they arise.听 2006, c.听21, Sched.听F, s.听63.
Rule of liberal interpretation
64 (1) An Act shall be interpreted as being remedial and shall be given such fair, large and liberal interpretation as best ensures the attainment of its objects.听 2006, c.听21, Sched.听F, s.听64 (1).
Same
(2) Subsection (1) also applies to a regulation, in the context of the Act under which it is made and to the extent that the regulation is consistent with that Act.听 2006, c.听21, Sched.听F, s.听64 (2).
Bilingual texts
65 The English and French versions of Acts and regulations that are enacted or made in both languages are equally authoritative.听 2006, c.听21, Sched.听F, s.听65.
Bilingual names
66 If the Act or regulation that creates or continues an entity refers to it by both an English and a French name, or if the English and French versions of the Act or regulation refer to the entity by different names, it may be referred to for any purpose by either name or by both names.听 2006, c.听21, Sched.听F, s.听66.
Number
67 Words in the singular include the plural and words in the plural include the singular.听 2006, c.听21, Sched.听F, s.听67.
Gender
68 Gender-specific terms refer to any gender and include corporations. 2016, c.听23, s.听56.
Section Amendments with date in force (d/m/y)
- 01/01/2017
Preambles
69 (1) A preamble to a new Act is part of that Act and may be used to help explain its purpose.听 2006, c.听21, Sched.听F, s.听69 (1).
Same
(2) A preamble to an Act that amends one or more other Acts is part of the amending Act and may be used to help explain the purpose of the amendments.听 2006, c.听21, Sched.听F, s.听69 (2).
Reference aids
70 Tables of contents, marginal notes, information included to provide legislative history, headnotes and headings are inserted in an Act or regulation for convenience of reference only and do not form part of it.听 2006, c.听21, Sched.听F, s.听70.
Crown not bound, exception
71 No Act or regulation binds the Crown or affects the Crown鈥檚 rights or prerogatives unless it expressly states an intention to do so.听 2006, c.听21, Sched.听F, s.听71; 2024, c. 2, Sched. 19, s. 9 (3).
Section Amendments with date in force (d/m/y)
- 06/03/2024
Succession
72 (1) A change of reigning sovereign does not affect anything done or begun under the previous reigning sovereign, and all matters continue as if no succession had occurred. 2019, c. 14, Sched. 4, s. 1.
Same, offices and oaths
(2) For greater certainty, a change of reigning sovereign,
(a) does not affect any appointment or the holding of any office under the Crown; and
(b) does not require the retaking of any related oath or affirmation. 2019, c. 14, Sched. 4, s. 1.
Section Amendments with date in force (d/m/y)
- 10/12/2019
How proclamations issued
73 When an Act authorizes the Lieutenant Governor to do anything by proclamation, the proclamation,
(a) shall be issued under an order of the Lieutenant Governor in Council recommending that the proclamation be issued; and
(b) need not refer to the order in council.听 2006, c.听21, Sched.听F, s.听73.
Judicial notice
74 Judicial notice shall be taken of the issuing and contents of every proclamation.听 2006, c.听21, Sched.听F, s.听74.
75 Repealed: 2024, c. 2, Sched. 15, s. 15.
Section Amendments with date in force (d/m/y)
- 01/01/2025
Appointments, Powers and Delegation
Appointments
76 (1) A provision authorizing the Lieutenant Governor in Council, the Lieutenant Governor or a minister of the Crown to appoint a person to an office authorizes an appointment for a fixed term or an appointment during pleasure, and if the appointment is during pleasure, it may be revoked at any time, without cause and without giving notice.听 2006, c.听21, Sched.听F, s.听76 (1).
Remuneration and expenses
(2) A provision described in subsection (1) authorizes the Lieutenant Governor in Council to determine the remuneration and expenses of the person who is appointed.听 2006, c.听21, Sched.听F, s.听76 (2).
Implied powers
77 Power to appoint a person to a public office includes power to,
(a) reappoint or remove the person;
(b) appoint a deputy with the same powers as the holder of the office, subject to specified conditions, or with limited powers as specified; and
(c) temporarily appoint another person to the office if it is vacant or if the holder of the office is absent or unable to act.听 2006, c.听21, Sched.听F, s.听77.
Incidental powers
78 If power to do or to enforce the doing of a thing is conferred on a person, all necessary incidental powers are included.听 2006, c.听21, Sched.听F, s.听78.
Performance when occasion requires
79 Powers that are conferred on a person may be exercised, and duties that are imposed on a person shall be performed, whenever the occasion requires.听 2006, c.听21, Sched.听F, s.听79.
Powers and duties remain despite delegation
80 A person on whom an Act confers a power or imposes a duty may exercise it even if it has been delegated to another person.听 2006, c.听21, Sched.听F, s.听80.
Delegation of regulation-making power
80.1 (1) A person on whom an Act confers power to make a regulation may delegate the power only if an Act specifically authorizes the delegation of that regulation-making power.听 2009, c.听33, Sched.听2, s.听43听(29).
Exception
(2) Subsection (1) does not apply in respect of orders made under section 17 of the 澳门永利 Planning and Development Act, 1994, section 47 of the Planning Act, or a predecessor of either of those sections.听 2009, c.听33, Sched.听2, s.听43听(29).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Survival of delegation
81 The delegation of a power or duty remains valid until it is revoked or amended, even if the author of the delegation is no longer in office.听 2006, c.听21, Sched.听F, s.听81.
General or particular
82 (1) A regulation may be general or particular in its application.听 2006, c.听21, Sched.听F, s.听82 (1).
Classes
(2) The power to make a regulation includes the power to prescribe a class.听 2006, c.听21, Sched.听F, s.听82 (2).
Same
(3) For the purposes of subsection (2), a class may be defined,
(a) in terms of any attribute or combination of attributes; or
(b) as consisting of, including or excluding a specified member.听 2006, c.听21, Sched.听F, s.听82 (3).
Fee regulations
83 This Act authorizes the Lieutenant Governor in Council to make regulations under an Act, prescribing fees to be charged by persons whom the Act or a regulation made under the Act requires or authorizes to do anything, if the Act itself does not provide for such regulations.听 2006, c.听21, Sched.听F, s.听83.
Deviations from required form
84 Deviations from a form whose use is required under an Act do not invalidate the form if,
(a) they do not affect the substance and are unlikely to mislead; and
(b) the form is organized in the same or substantially the same way as the form whose use is required.听 2006, c.听21, Sched.听F, s.听84.
Different forms of defined terms
85 If a term is defined, other forms of the same term have corresponding meanings.听 2006, c.听21, Sched.听F, s.听85.
Terms used in regulations
86 Terms used in regulations have the same meaning as in the Act under whose authority they are made.听 2006, c.听21, Sched.听F, s.听86.
Definitions
87 In every Act and regulation,
鈥淎ct鈥 means an Act of the Legislature, and 鈥渟tatute鈥 has the same meaning; (鈥渓oi鈥)
鈥淎ssembly鈥 and 鈥淟egislative Assembly鈥 mean the Legislative Assembly of 澳门永利; (鈥淎ssembl茅e鈥, 鈥淎ssembl茅e l茅gislative鈥)
鈥淐ourt of Appeal鈥 means the Court of Appeal for 澳门永利; (鈥淐our d鈥檃ppel鈥)
鈥淒ivisional Court鈥 means the Divisional Court of the Superior Court of Justice; (鈥淐our divisionnaire鈥)
鈥淗er Majesty鈥, 鈥淗is Majesty鈥, 鈥渢he Queen鈥, 鈥渢he King鈥 or 鈥渢he Crown鈥 means the Sovereign of the United Kingdom, Canada and His other Realms and Territories, and Head of the Commonwealth; (鈥淪a Majest茅鈥, 鈥渓a Reine鈥, 鈥渓e Roi鈥, 鈥渓a Couronne鈥)
鈥渉oliday鈥 means a holiday as described in section 88; (鈥渏our f茅ri茅鈥)
鈥渋ndividual鈥 means a natural person; (鈥減articulier鈥)
鈥渓egally qualified medical practitioner鈥 and similar expressions indicating legal recognition of a person as a member of the medical profession mean a member of the College of Physicians and Surgeons of 澳门永利; (鈥渕茅decin d没ment qualifi茅鈥)
鈥淟egislature鈥 means the Lieutenant Governor acting by and with the advice and consent of the Assembly; (鈥淟茅gislature鈥)
鈥淟ieutenant Governor鈥 means the Lieutenant Governor of 澳门永利, or the person administering the Government of 澳门永利 for the time being in His Majesty鈥檚 name, by whatever title he or she is designated; (鈥渓ieutenant-gouverneur鈥)
鈥淟ieutenant Governor in Council鈥 means the Lieutenant Governor acting by and with the advice of the Executive Council of 澳门永利; (鈥渓ieutenant-gouverneur en conseil鈥)
鈥渕entally ill鈥, when used in reference to a person, means suffering from such a disorder of the mind that he or she requires care, supervision and control for his or her own protection or welfare, or for the protection of others; (鈥渕entalement malade鈥)
鈥渘ewspaper鈥, in a provision requiring publication, means a document that,
(a) is printed in sheet form, published at regular intervals of a week or less and circulated to the general public, and
(b) consists primarily of news of current events of general interest; (鈥渏ournal鈥)
鈥渘ow鈥, 鈥渘ext鈥, 鈥渉eretofore鈥 and 鈥渉ereafter鈥 relate to the date of coming into force of the provision in which they are used; (鈥渕aintenant鈥, 鈥減rochainement鈥, 鈥渏usqu鈥檌ci鈥, 鈥渄or茅navant鈥)
鈥減eace officer鈥 includes,
(a) a person employed to serve or execute civil process, including a sheriff, deputy sheriff and sheriff鈥檚 officer, and a bailiff of the Small Claims Court,
(b) a justice of the peace,
(c) an officer or permanent employee of a correctional institution, or of a place of detention or custody, and
(d) a person employed to maintain the public peace, including a police officer and constable; (鈥渁gent de la paix鈥)
鈥減erson鈥 includes a corporation; (鈥減ersonne鈥)
鈥減roclamation鈥 means a proclamation issued by the Lieutenant Governor under the Great Seal; (鈥減roclamation鈥)
鈥渞egulation鈥 means a regulation that is filed under Part III (Regulations); (鈥渞猫glement鈥)
鈥渞ules of court鈥 means rules made under Part IV of the Courts of Justice Act, or otherwise by an authority having power to make rules regulating court practices and procedures. (鈥渞猫gles de pratique鈥)听 2006, c.听21, Sched.听F, s.听87; 2009, c.听33, Sched.听2, s.听43听(30, 31); 2017, c. 2, Sched. 2, s. 25; 2024, c. 2, Sched. 19, s. 9 (4, 5).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 22/03/2017
- 06/03/2024
Holidays
88 (1) This section applies for the purposes of the definition of 鈥渉oliday鈥 in section 87.听 2006, c.听21, Sched.听F, s.听88 (1).
Same
(2) The following days are holidays:
1. Sunday.
2. New Year鈥檚 Day.
2.1 Family Day.
3. Good Friday.
4. Easter Monday.
5. Victoria Day.
6. Canada Day.
7. Labour Day.
8. Thanksgiving Day.
9. Remembrance Day.
10. Christmas Day.
11. Boxing Day.
12. Any day fixed as a holiday by proclamation of the Governor General or Lieutenant Governor.听 2006, c.听21, Sched.听F, s.听88 (2); 2009, c. 33, Sched. 2, s. 43 (32).
Same
(3) When New Year鈥檚 Day falls on a Sunday, the following Monday is also a holiday.听 2006, c.听21, Sched.听F, s.听88 (3).
Same
(4) In accordance with the Holidays Act (Canada), when July 1 is a Sunday, Canada Day falls on July 2.听 2006, c.听21, Sched.听F, s.听88 (4).
Same
(5) When Christmas Day falls on a Saturday, the following Monday is also a holiday, and when it falls on a Sunday, the following Tuesday is also a holiday.听 2006, c.听21, Sched.听F, s.听88 (5).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Computation of time
Holidays
89 (1) Time limits that would otherwise expire on a holiday are extended to include the next day that is not a holiday.听 2006, c.听21, Sched.听F, s.听89 (1).
Days on which offices closed
(2) Time limits for registering or filing documents or for doing anything else that expire on a day when the place for doing so is not open during its regular hours of business are extended to include the next day the place is open during its regular hours of business.听 2006, c.听21, Sched.听F, s.听89 (2).
Number of days between events
(3) A reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens, even if the reference is to 鈥渁t least鈥 or 鈥渘ot less than鈥 a number of days.听 2006, c.听21, Sched.听F, s.听89 (3).
Specified day included
(4) A period of time described as beginning or ending on, at or with a specified day includes that day.听 2006, c.听21, Sched.听F, s.听89 (4).
Specified day excluded
(5) A period of time described as beginning before or after a specified day excludes that day.听 2006, c.听21, Sched.听F, s.听89 (5).
Months
(6) If a period of time is described as a number of months before or after a specified day, the following rules apply:
1. The number of months are counted from the specified day, excluding the month in which the specified day falls.
2. The period includes the day in the last month counted that has the same calendar number as the specified day or, if that month has no day with that number, its last day.
3. Repealed:听 2009, c.听33, Sched.听2, s.听43听(33).
2006, c.听21, Sched.听F, s.听89 (6); 2009, c.听33, Sched.听2, s.听43听(33); 2024, c. 2, Sched. 15, s. 16.
Leap years
(7) The anniversary of an event that took place on February 29 falls on February 28, except in a leap year.听 2006, c.听21, Sched.听F, s.听89 (7).
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 06/03/2024
Age
90 A person attains an age specified as a number of years at the first instant of the corresponding anniversary of his or her birth.听 2006, c.听21, Sched.听F, s.听90.
Private Acts
91 (1) A private Act does not affect the rights of a person or entity except as mentioned in the Act.听 2006, c.听21, Sched.听F, s.听91 (1).
Same
(2) Subsection (1) does not apply to a private Act respecting the powers or duties of a municipality.听 2006, c.听21, Sched.听F, s.听91 (2).
Corporations, implied provisions
92 (1) A provision of an Act that creates a corporation,
(a) gives it power to have perpetual succession, to sue and be sued and to contract by its corporate name, to have a seal and to change it, and to acquire, hold and dispose of personal property for the purposes for which the corporation is incorporated;
(b) gives a majority of the members of the corporation power to bind the others by their acts; and
(c) exempts the members of the corporation from personal liability for its debts, acts and obligations, if they do not contravene the Act that incorporates them.听 2006, c.听21, Sched.听F, s.听92 (1).
Restricted application
(2) Subsection (1) applies to a corporation only if the provision creating it is in force immediately before October 19, 2006.听 2006, c.听21, Sched.听F, s.听92 (2); 2024, c. 2, Sched. 15, s. 17.
Section Amendments with date in force (d/m/y)
- 06/03/2024
Majority
93 If something is required or authorized to be done by more than two persons, a majority of them may do it.听 2006, c.听21, Sched.听F, s.听93.
Reference to series
94 If reference is made to a series, the first and last items are included.听 2006, c.听21, Sched.听F, s.听94.
Oaths, affirmations and declarations
95 A requirement that a person take an oath or be sworn is satisfied by an affirmation or a declaration.听 2006, c.听21, Sched.听F, s.听95.
Requirements for security and sureties
Security
96 (1) A requirement to give security is a requirement to give security that is sufficient for the purpose.听 2006, c.听21, Sched.听F, s.听96 (1).
Sureties
(2) Subsection (1) also applies, with necessary modifications, to a surety, and if the provision refers to sureties without specifying the number of persons, one is sufficient.听 2006, c.听21, Sched.听F, s.听96 (2).
Immunity provisions
97 (1) Where words referring to actions or other proceedings for damages are used in a provision excluding or limiting the liability of the Crown or any other person, third or subsequent party proceedings and proceedings for contribution and indemnity or restitution are included.听 2006, c.听21, Sched.听F, s.听97 (1).
Transition
(2) Subsection (1) applies in respect of proceedings commenced on or after October 4, 2000.听 2006, c.听21, Sched.听F, s.听97 (2).
PART VII
unconsolidated acts and regulations
Unconsolidated Acts
98 (1)-(3) Omitted (amends or repeals other Acts).听 2006, c.听21, Sched.听F, s.听98 (1-3).
Consolidation
(4) The Chief Legislative Counsel may at any time cause an Act that is unconsolidated and unrepealed to be consolidated and published on the e-Laws website as consolidated law.听 2009, c.听33, Sched.听2, s.听43听(34).
French version
(5) If the Chief Legislative Counsel causes an Act to be consolidated under subsection (4), he or she shall, in the case of a public Act, or may, in the case of a private Act,
(a) prepare a French version of the Act; and
(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.听 2009, c.听33, Sched.听2, s.听43听(34).
Revision
(6) For the purposes of consolidating an Act under subsection (4), Part V (Change Powers) applies in respect of the consolidated Act with the following modifications:
1. Subsection 42 (2) shall be read as including power to,
i. omit provisions that are obsolete, and
ii. alter the numbering and arrangement of provisions.
2. Subsection 42 (3) does not apply.
3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.听 2009, c.听33, Sched.听2, s.听43听(34).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Unconsolidated regulations
99 (1), (2) Omitted (amends, repeals or revokes other legislation).听 2006, c.听21, Sched.听F, s.听99 (1, 2).
Consolidation
(3) The Chief Legislative Counsel may at any time cause a regulation that is unconsolidated and unrevoked to be consolidated and published on the e-Laws website as consolidated law.听 2009, c.听33, Sched.听2, s.听43听(35).
French version
(4) If the Chief Legislative Counsel causes a regulation to be consolidated under subsection (3), he or she may,
(a) prepare a French version of the regulation; and
(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.听 2009, c.听33, Sched.听2, s.听43听(35).
Revision
(5) For the purposes of consolidating a regulation under subsection (3), Part V (Change Powers) applies in respect of the consolidated regulation with the following modifications:
1. Subsection 42 (2) shall be read as including power to,
i. omit provisions that are obsolete, and
ii. alter the numbering and arrangement of provisions.
2. Subsection 42 (3) does not apply.
3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.听 2009, c.听33, Sched.听2, s.听43听(35).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Resolution of Uncertainty or Transition
Resolution of uncertainty or transition
100 (1) The Lieutenant Governor in Council may make regulations in respect of an Act repealed by section 98 or a regulation revoked by section 99,
(a) to resolve any uncertainty in respect of,
(i) any right, privilege, obligation or liability related to the Act or regulation, or
(ii) the effect of the repeal of the Act or the revocation of the regulation;
(b) to resolve any transitional matters that may arise in relation to the repeal or revocation.听 2006, c.听21, Sched.听F, s.听100 (1).
Same
(2) For greater certainty, a regulation under subsection (1) may address any uncertainty or transitional matter that arises before the day the regulation is filed.听 2006, c.听21, Sched.听F, s.听100 (2).
101-142 Omitted (amends or repeals other Acts).听 2006, c.听21, Sched.听F, ss.听101-142.
143 Omitted (provides for coming into force of provisions of this Act).听 2006, c.听21, Sched.听F, s.听143.
144 Omitted (enacts short title of this Act).听 2006, c.听21, Sched.听F, s.听144.
听