Entry into Force

Act Commencement in accordance with the Interpretation Act

As stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation:

Date of commencement

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.

Commencement provision

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.

Commencement when no date fixed

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.

Legislation Commencement in accordance with the Interpretation Act

In the wording of the Canada´s Interpretation legislation  (see above):

Date fixed for commencement or repeal

Where legislation (or piece of legislation) 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 legislation (or piece of legislation) 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.

When no date fixed

Every legislation that is not expressed to come into force on a particular day shall be construed as coming into force:

• 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
• in the case of a regulation, on the expiration of the day immediately before the day the regulation was registered pursuant to section of the Statutory Instruments Act (see more) or, if the regulation is of a class that is exempted from the application of subsection of that Act, on the expiration of the day immediately before the day the regulation was made.

Judicial notice

Judicial notice shall be taken of a day for the coming into force of legislation (or piece of legislation) that is fixed by a regulation that has been published in the Canada Gazette.

Preliminary proceedings

Where legislation (or piece of legislation) 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 legislation 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 legislation, except in so far as may be necessary to make the legislation effective on its commencement.

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This entry was last updated: January 27, 2014