Repeal in Canada

Note: See the definition of Repeal in the legal dictionary here, or more information about repeal worldwide here.

Repeal in accordance to the Interpretatin Act

Power of repeal or amendment reserved

As stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation, every Act shall be so construed as to reserve to Parliament the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person.

Amendment or repeal at same session

An Act may be amended or repealed by an Act passed in the same session of Parliament.

Amendment part of legislation

An amending legislation, as far as consistent with the tenor thereof, shall be construed as part of the legislation that it amends.

Effect of repeal

Where legislation (or piece of legislation) is repealed in whole or in part, the repeal, according to the interpretation rules, does not:

• revive any legislation or anything not in force or existing at the time when the repeal takes effect,
• affect the previous operation of the legislation so repealed or anything duly done or suffered thereunder,
• affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred under the legislation so repealed,
• affect any offence committed against or contravention of the provisions of the legislation so repealed, or any punishment, penalty or forfeiture incurred under the legislation so repealed, or affect any investigation, legal proceeding or remedy in respect of any right, privilege, obligation or liability referred to in the third paragraph or in respect of any punishment, penalty or forfeiture referred to in the fourth paragraph, and an investigation, legal proceeding or remedy as described in paragraph (e) may be instituted, continued or enforced, and the punishment, penalty or forfeiture may be imposed as if the legislation had not been so repealed.

Repeal and substitution

Where legislation (or piece of legislation), called in this sectionthe “former legislation”, is repealed and another legislation, called in this section the “new legislation”, is substituted therefor,

• every person acting under the former legislation shall continue to act, as if appointed under the new legislation, until another person is appointed in the stead of that person;
• every bond and security given by a person appointed under the former legislation remains in force, and all books, papers, forms and things made or used under the former legislation shall continue to be used as before the repeal in so far as they are consistent with the new legislation;
• every proceeding taken under the former legislation shall be taken up and continued under and in conformity with the new legislation in so far as it may be done consistently with the new legislation;
• the procedure established by the new legislation shall be followed as far as it can be adapted thereto; (i)in the recovery or enforcement of fines, penalties and forfeitures imposed under the former legislation, (ii) in the enforcement of rights, existing or accruing under the former legislation, and (iii) in a proceeding in relation to matters that have happened before the repeal;
• when any punishment, penalty or forfeiture is reduced or mitigated by the new legislation, the punishment, penalty or forfeiture if imposed or adjudged after the repeal shall be reduced or mitigated accordingly;
• except to the extent that the provisions of the new legislation are not in substance the same as those of the former legislation, the new legislation shall not be held to operate as new law, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the former legislation;
• all regulations made under the repealed legislation remain in force and are deemed to have been made under the new legislation, in so far as they are not inconsistent with the new legislation, until they are repealed or others made in their stead;
• any reference in an unrepealed legislation to the former legislation shall, with respect to a subsequent transaction, matter or thing, be read and construed as a reference to the provisions of the new legislation relating to the same subject-matter as the former legislation, but where there are no provisions in the new legislation relating to the same subject-matter, the former legislation shall be read as unrepealed in so far as is necessary to maintain or give effect to the unrepealed legislation.

Repeal does not imply legislation was in force

The repeal of legislation (or piece of legislation) in whole or in part shall not be deemed, by the Act to be or to involve a declaration that the legislation was previously in force or was considered by Parliament or other body or person by whom the legislation was enacted to have been previously in force.

Amendment does not imply change in law

The amendment of legislation (or piece of legislation) shall not be deemed to be or to involve a declaration that the law under that legislation was or was considered by Parliament or other body or person by whom the legislation was enacted to have been different from the law as it is under the legislation as amended.

Repeal does not declare previous law

The repeal or amendment of legislation (or piece of legislation) in whole or in part shall not be deemed to be or to involve any declaration as to the previous state of the law.

Judicial construction not adopted

A re-legislation, revision, consolidation or amendment of legislation (or piece of legislation) shall not be deemed to be or to involve an adoption of the construction that has by judicial decision or otherwise been placed on the language used in the legislation or on similar language.

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This entry was last updated: January 27, 2014