jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of Act
1. (1) The provisions of this Act apply to every Act of the Legislature contained in these Revised Statutes or here-after passed, except in so far as any such provision, (a) is inconsistent with the intent or object of the Act; (b) would give to a word, expression or provision of the Act an interpretation inconsistent with the context; or (c) is in the Act declared not applicable thereto. R.S.O. 1990, c. I.11, s. 1 (1). Application of certain sections to regulations (2) Sections 2, 4, 9, 28 and 29 apply to the regulations made under the authority of an Act. R.S.O. 1990, c. I.11, s. 1 (2).
Interpretation provisions in other Acts
2. Where an Act contains an interpretation provision, it shall be read and construed as subject to the exceptions contained in subsection 1 (1). R.S.O. 1990, c. I.11, s. 2.
Application to this Act
3. The provisions of this Act apply to the construction of it and to the words and expressions used in it. R.S.O. 1990, c. I.11, s. 3. Rules of Construction
Law always speaking
4. The law shall be considered as always speaking and, where a matter or thing is expressed in the present tense, it is to be applied to the circumstances as they arise, so that effect may be given to each Act and every part of it according to its true intent and meaning. R.S.O. 1990, c. I.11, s. 4.
What may be done under an Act before it is in operation
5. Where an Act is not to come into operation immediately on the passing thereof and confers power to make an appointment, to make, grant or issue an order, warrant, scheme, letters patent, rules, regulations or by-laws, to give notices, to prescribe forms, or to do any thing for the purposes of the Act, that power may be exercised at any time after the passing of the Act, but an instrument made under the power, unless the contrary is necessary for bringing the Act into operation, does not come into operation until the Act comes into operation. R.S.O. 1990, c. I.11, s. 5.
Meaning of expressions used in instruments issued under an Act
6. Where an Act confers power to make, grant or issue an order, warrant, scheme, letters patent, rule, regulation or by-law, expressions used therein, unless the contrary intention appears, have the same meaning as in the Act conferring the power. R.S.O. 1990, c. I.11, s. 6.
Judicial notice
7. (1) Every Act shall be judicially noticed by judges, justices of the peace and others without being specially pleaded. R.S.O. 1990, c. I.11, s. 7 (1). Idem (2) Every proclamation shall be judicially noticed by judges, justices of the peace and others without being specially pleaded. R.S.O. 1990, c. I.11, s. 7 (2).
Effect of preamble
8. The preamble of an Act shall be deemed a part thereof and is intended to assist in explaining the purport and object of the Act. R.S.O. 1990, c. I.11, s. 8.
Marginal notes, headings, etc., not part of Act
9. The marginal notes and headings in the body of an Act and references to former enactments form no part of the Act but shall be deemed to be inserted for convenience of reference only. R.S.O. 1990, c. I.11, s. 9.
All Acts remedial
10. Every Act shall be deemed to be remedial, whether its immediate purport is to direct the doing of any thing that the Legislature deems to be for the public good or to prevent or punish the doing of any thing that it deems to be contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit. R.S.O. 1990, c. I.11, s. 10.
The Crown
11. No Act affects the rights of Her Majesty, Her heirs or successors, unless it is expressly stated therein that Her Majesty is bound thereby. R.S.O. 1990, c. I.11, s. 11.
Private Acts
12. No Act of the nature of a private Act affects the rights of any person, or body corporate, politic or collegiate, such only excepted as are therein mentioned or referred to. R.S.O. 1990, c. I.11, s. 12. Repeal, Amendment and Consolidation
Reservation of power to repeal or amend
13. Every Act shall be construed as reserving to the Legislature 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 or party, whenever the repeal, amendment, revocation, restriction or modification is considered by the Legislature to be required for the public good. R.S.O. 1990, c. I.11, s. 13.
Repeal, effect
14. (1) Where an Act is repealed or where a regulation is revoked, the repeal or revocation does not, except as in this Act otherwise provided, (a) revive any Act, regulation or thing not in force or existing at the time at which the repeal or revocation takes effect; (b) affect the previous operation of any Act, regulation or thing so repealed or revoked; (c) affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred under the Act, regulation or thing so repealed or revoked; (d) affect any offence committed against any Act, regulation or thing so repealed or revoked, or any penalty or forfeiture or punishment incurred in respect thereof; (e) affect any investigation, legal proceeding or remedy in respect of any such privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Act, regulation or thing had not been so repealed or revoked. R.S.O. 1990, c. I.11, s. 14 (1). When other provisions substituted (2) If other provisions are substituted for those so repealed or revoked, (a) all officers and persons acting under the Act, regulation or thing so repealed or revoked, shall continue to act as if appointed under the provisions so substituted until others are appointed in their stead; (b) all proceedings taken under the Act, regulation or thing so repealed or revoked, shall be taken up and continued under and in conformity with the provisions so substituted, so far as consistently may be; (c) in the recovery or enforcement of penalties and forfeitures incurred, and in the enforcement of rights existing or accruing under the Act, regulation or thing so repealed or revoked, or in any other proceeding in relation to matters that have happened before the repeal or revocation, the procedure established by the substituted provisions shall be followed so far as it can be adapted; and (d) if any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions of the Act, regulation or thing whereby such other provisions are substituted, the penalty, forfeiture or punishment, if imposed or adjudged after such repeal or revocation, shall be reduced or mitigated accordingly. R.S.O. 1990, c. I.11, s. 14 (2).
Re-enactment, amendment, consolidation and revision
15. Where an Act is repealed and other provisions are substituted by way of re-enactment, amendment, revision or consolidation, (a) all regulations, orders, rules and by-laws made under the repealed Act continue good and valid in so far as they are not inconsistent with the substituted Act until they are annulled and others made in their stead; and (b) a reference in an unrepealed Act, or in a rule, order or regulation made thereunder to such repealed Act, shall, as regards any subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substituted Act relating to the same subject-matter and, if there is no provision in the substituted Act relating to the same subject-matter, the repealed Act stands good and shall be read and construed as unrepealed in so far, and in so far only, as is necessary to support, maintain or give effect to such unrepealed Act, or such rule, order or regulation made thereunder. R.S.O. 1990, c. I.11, s. 15.
Repeal of Act not a declaration that Act was in force
16. The repeal of an Act shall be deemed not to be or to involve a declaration that the Act was or was considered by the Legislature to have been previously in force. R.S.O. 1990, c. I.11, s. 16.
Repeal or amendment not a declaration of previous law
17. The repeal or amendment of an Act shall be deemed not to be or to involve any declaration as to the previous state of the law. R.S.O. 1990, c. I.11, s. 17.
Amendment of Act not a declaration of different state of law
18. The amendment of an Act shall be deemed not to be or to involve a declaration that the law under the Act was or was considered by the Legislature to have been different from the law as it has become under the Act as so amended. R.S.O. 1990, c. I.11, s. 18.
Re-enactment, etc., not an adoption of judicial construction
19. The Legislature shall not, by re-enacting, revising, consolidating or amending an Act, be deemed to have adopted the construction that has by judicial decision or otherwise been placed upon the language used in the Act or upon similar language. R.S.O. 1990, c. I.11, s. 19. Death of Sovereign
Death of Sovereign
20. Where a reigning Sovereign dies, no rule or construction of law shall be applied so as to prevent the continuation of any matter under the successor to the Crown as if the death had not occurred. R.S.O. 1990, c. I.11, s. 20. Proclamations
Lieutenant Governor acting by proclamation
21. Where the Lieutenant Governor is authorized to do any act by proclamation, the proclamation is to be understood to be a proclamation issued under an order of the Lieutenant Governor in Council, but it is not necessary for the proclamation to mention that it is issued under such an order. R.S.O. 1990, c. I.11, s. 21. Crown Appointments
Tenure of office
22. Authority to the Lieutenant Governor to make an appointment to an office, by commission or otherwise, shall be deemed authority to appoint during pleasure. R.S.O. 1990, c. I.11, s. 22. Regulations
Regulations
23. The Lieutenant Governor in Council may make regulations for the due enforcement and carrying into effect of any Act of the Legislature and, where there is no provision in the Act, may prescribe forms and may fix fees to be charged by all officers and persons by whom anything is required to be done. R.S.O. 1990, c. I.11, s. 23.
Approved form instead of prescribed form
23.1 (1) If an Act contains power to prescribe a form by regulation, the minister who administers the Act may, (a) approve a form, including an electronic form, to be used instead of the prescribed form; and (b) make a regulation under the Act revoking the existing prescribed form, if any. 1994, c. 27, s. 47. Same (2) If a form has been approved under clause (1) (a) but the Act requires the use of a prescribed form or contains power to make a regulation requiring its use, the minister who administers the Act may make a regulation under the Act requiring the use of the approved form, and no form need be prescribed. 1994, c. 27, s. 47. Imprisonment 24. Repealed: 2002, c. 18, Sched. N, s. 17.
Same
24. Repealed: 2002, c. 18, Sched. N, s. 17.
Hard labour
25. Where power to impose imprisonment is conferred by an Act, it shall be deemed to authorize the imposing of imprisonment with hard labour. R.S.O. 1990, c. I.11, s. 25. Offence under More Than One Provision
Offence under more than one provision
26. Where an act or omission constitutes an offence under two or more Acts, the offender, unless the contrary intention appears, is liable to be prosecuted and punished under either or any of those Acts, but is not liable to be punished twice for the same act or omission. R.S.O. 1990, c. I.11, s. 26. Corporations
Effect of words constituting a corporation
27. In every Act, unless the contrary intention appears, words making any association or number of persons a corporation or body politic and corporate, (a) vest in the corporation power to sue and be sued, to contract and be contracted with by its corporate name, to have a common seal, to alter or change the seal at its pleasure, to have perpetual succession, to acquire and hold personal property or movables for the purpose for which the corporation is constituted, and to alienate the same at pleasure; (b) vest in a majority of the members of the corporation the power to bind the others by their acts; and (c) exempt individual members of the corporation from personal liability for its debts, obligations or acts if they do not contravene the provisions of the Act incorporating them. R.S.O. 1990, c. I.11, s. 27. Implied Provisions
Legal matters
30. The interpretation section of the Courts of Justice Act extends to all Acts relating to legal matters. R.S.O. 1990, c. I.11, s. 30; 1993, c. 27, Sched.
Immunity provisions
30.1 (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. 2000, c. 26, Sched. A, s. 9. Transition (2) Subsection (1) applies in respect of proceedings commenced on or after October 4, 2000. 2000, c. 26, Sched. A, s. 9. 31. Repealed: 2002, c. 17, Sched. F, Table. ______________ Français
Transition
31. Repealed: 2002, c. 17, Sched. F, Table. ______________ Français