Statutory Interpretation by Ruth Sullivan

By Ruth Sullivan

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Extra resources for Statutory Interpretation

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44(g). 26 STATUTORY INTERPRETATION the department responsible for administering the Act will review the relevant regulations and revoke or amend those that are inconsistent. 7) Codes and Codification The term “codification” is used in common law in Canada in two distinct ways. First, it refers to the process of enacting common law rules in legislation, thus giving them the force and status of statute law. A codification of this sort does not change the law, but merely “codifies” it — that is, gives it a fixed statutory form.

All members of the legislature? All those who voted on the bill? Only those who voted in its favour? Only those who participated in its creation and formulation? What about the non-elected policy makers and drafters who actually formed intentions respecting the meaning and purpose of particular provisions? Should their intentions be considered? ” Other aspects of the concept of legislative intent are equally troubling. Those who invoke it appear to assume that, first, at the time of enactment the legislature had views about the question now facing the court and, second, these views are discoverable by judges and other interpreters.

Most Interpretation Acts contain a provision like the following: 44. 37 It is not always clear whether existing regulations are consistent with the new enactment. Ideally, while preparing to amend the parent Act, 37 Interpretation Act, above note 28, s. 44(g). 26 STATUTORY INTERPRETATION the department responsible for administering the Act will review the relevant regulations and revoke or amend those that are inconsistent. 7) Codes and Codification The term “codification” is used in common law in Canada in two distinct ways.

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