The Interpretation Act

Transcription

1 The Interpretation Act being Chapter I-11 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title SHORT TITLE 19 References to statutes of Canada 20 References to sections, etc., as printed 2 Interpretation 21 Definitions WORDS AND PHRASES APPLICATION OF ACT 3 Application to all Acts OPERATION OF STATUTES 4 Date of operation RULES OF CONSTRUCTION 5 Statute law always speaking 6 Interpretation of may and shall 7 Provision affecting the Crown 8 Scope of pri vate Acts 9 Preamble 10 Marginal notes and headings 11 Liberal construction 12 Words in regulations, etc., interpreted with Act 13 Proclamation to be understood as issued under authority of order in council 14 Powers vested in corporations 15 Officials appointed during pleasure 16 Implied power to remove officials and fix remuneration 17 Implied provisions REPEAL AND AMENDMENT 22 Power of repeal reserved 23 Effect of repeal 24 Repeal and substitution affecting 25 Repeal does not imply any Act in force 26 When substituted provision takes effect ENFORCEMENT OF THE LAW 27 Procedure 28 Application of penalties 29 Recovery of penalties 30 Entering of amount of fine and costs as a judgment 31 Imprisonment MISCELLANEOUS 32 Administration of oaths 33 Judge or officer not persona designata 34 Enlargement of time 35 Penalties and damage action 36 Offences under two or more Acts 37 General rules of construction REFERENCES 18 Citation of Act includes amendment

3 CHAPTER I-11 An Act respecting the Interpretation of Statutes SHORT TITLE Short title 1 This Act may be cited as The Interpretation Act. R.S.S. 1978, c.i-11, s.1. Interpretation 2 In this Act: public officer (a) public officer includes any person in the public service of the province: (i) who is authorized to do or enforce the doing of any act or thing, or to exercise any power, or (ii) upon whom any duty is imposed; by or under public statute; regulation (b) regulation includes any rule, rule of court, order prescribing regulations, tariff of costs or fees, form, bylaw, resolution or order made in the execution of a power given by statute. R.S.S. 1965, c.1, s.2; 1970, c.67, s.2; R.S.S. 1978, c.i-11, s.2. APPLICATION OF ACT Application to all Acts 3(1) This Act extends and applies to every Act and every regulation now or hereafter enacted or made, except insofar as any provision of this Act: (a) is inconsistent with the intent or object of the Act or regulation; (b) would give to any word, expression or clause of the Act or regulation an interpretation inconsistent with the context thereof or the interpretation section of the Act or regulation; or (c) is by the Act or regulation declared not applicable thereto. Interpretation clauses subject to certain exceptions (2) Where an Act or regulation contains an interpretation section or provision, it shall be read and construed as subject to the same exceptions as those contained in subsection (1). Act applies to itself (3) The provisions of this Act apply to the interpretation of this Act. R.S.S. 1965, c.1, s.3; R.S.S. 1978, c.i-11, s.3.

4 4 c. I-11 OPERATION OF STATUTES Date of operation 4(1) Where an Act or regulation or any provision thereof is to come into force on a particular day, or on a day fixed by proclamation or otherwise, it shall be construed as coming into force immediately on the expiration of the previous day. Powers exercisable under Act not coming into force on assent (2) Where an Act or any provision thereof is not to come into force immediately on its being passed and confers power: (a) to make appointments; (b) to hold elections; (c) to make regulations; (d) to give notices; (e) to prescribe forms; or (f) to do any other thing; that power may, for the purpose of making the Act or provision effective at the date of its coming into force, be exercised at any time after the passing thereof, subject to the restriction that a regulation made under the power shall not, unless the contrary is necessary for making the Act or provision effective from its commencement, come into force until the Act or provision comes into force. R.S.S. 1965, c.1, s.4; 1968, c.72, s.2; R.S.S. 1978, c.i-11, s.4. RULES OF CONSTRUCTION Statute law always speaking 5(1) The law shall be considered as always speaking, and whenever any matter or thing is expressed in the present tense, the provision shall be applied to the circumstances as they arise so that effect may be given to each Act and every part thereof according to its true spirit, intent and meaning. now, next, heretofore, hereafter (2) The expressions now, next, heretofore and hereafter shall be interpreted as having reference to the time when the Act or the part or provision thereof containing the expressions or any of them came into force. R.S.S. 1965, c.1, s.5; R.S.S. 1978, c.i-11, s.5. Interpretation of may and shall 6(1) The expression shall shall be construed as imperative, and the expression may as permissive and empowering. herein (2) The expression herein used in a section or provision of an Act or regulation relates to the whole Act or regulation, and not to that section or provision only. R.S.S. 1965, c.1, s.6; R.S.S. 1978, c.i-11, s.6.

5 c. I-11 5 Provision affecting the Crown 7 No provision in an Act shall affect the rights of Her Majesty unless it is expressly stated therein that Her Majesty is bound thereby. R.S.S. 1965, c.1, s.7; 1967, c.92, s.2; R.S.S. 1978, c.i-11, s.7. Scope of pri vate Acts 8 Where an Act is of the nature of a private Act no provision thereof shall affect the rights of any person except as therein men tioned. R.S.S. 1965, c.1, s.8; R.S.S. 1978, c.i-11, s.8. Preamble 9 The preamble of an Act shall be deemed a part thereof and intended to assist in explaining the purport and object of the Act. R.S.S. 1965, c.1, s.9; R.S.S. 1978, c.i-11, s.9. Marginal notes and headings 10 The marginal notes and headings in the body of an Act and the reference to former enactments form no part of the Act but shall be deemed to be inserted for convenience of reference only. R.S.S. 1965, c.1, s.10; R.S.S. 1978, c.i-11, s.10. Liberal construction 11 Every Act and every regulation and every provision thereof shall be deemed remedial, and shall receive such fair, large and liberal construction and interpretation as best ensures the attain ment of the object of the Act, regulation or provision. R.S.S. 1965, c.1, s.11; R.S.S. 1978, c.i-11, s.11. Words in regulations, etc., interpreted with Act 12 Where an Act confers power to make regulations or to grant, make or issue any order in council, writ, warrant, scheme or letters patent, expressions used therein shall, unless the contrary inten tion appears, have the same respective meanings as in the Act con ferring the power, R.S.S. 1965, c.1, s.12; R.S.S. 1978, c.i-11, s.12. Proclamation to be understood as issued under authority of order in council 13(1) Where the Lieutenant Governor is authorized to do an act by proclamation, such proclamation means a proclamation issued pursuant to an order of the Lieutenant Governor in Council, but it shall not be necessary to mention in the proclamation that it is issued under such an order. (2) Publication of a proclamation may be effected by publication in The Saskatchewan Gazette of: (a) the proclamation; or (b) a notice describing the act done by proclamation and the date it becomes effective. (3) The publication mentioned in subsection (2) shall be published in the Gazette within one month after the date of issue of the proclamation or within such greater period of time as the Attorney General may order. R.S.S. 1965, c.1, s.13; , c.35, s,1; R.S.S. 1978, c.i-11, s.13.

6 6 c. I-11 Powers vested in corporations 14 In an Act words establishing a corporation: (a) vest in the corporation power: (i) to sue and be sued; (ii) to contract and be contracted with by its corporate name; (iii) to have a common seal and to alter or change it at pleasure; (iv) to have perpetual succession; and (v) to acquire and hold personal property or movables for the purposes 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 from personal liability, for its debts, obligations or acts, such individual members of the corporation as do not contravene the provisions of the Act incorporating them. R.S.S. 1965, c.1, s.14; R.S.S. 1978, c.i-11, s.14. Officials appointed during pleasure 15 Every public officer and functionary now or hereafter appointed by or under the authority of an Act or otherwise shall remain in office during pleasure only, unless it is otherwise expressed in the Act or in his commission or appointment. R.S.S. 1965, c.1, s.15; R.S.S. 1978, c.i-11, s.15. Implied power to remove officials and fix remuneration 16(1) Words authorizing the appointment of a public officer or functionary include the power: (a) of removing or suspending him; (b) of reappointing or reinstating him; (c) of appointing another in his stead or to act in his stead; (d) of appointing, either before the appointment of a public officer or functionary or while there is a vacancy in the office, another to act in the stead of the public officer or functionary both before the appointment or during the vacancy and after the appointment has been made or the vacancy filled; and (e) of fixing his remuneration and varying or terminating it; in the discretion of the authority in whom power of appointment is vested. Implied power of successors in office (2) Words directing or empowering a public officer or functionary to do any act or thing, or otherwise applying to him by his name of office, include his successors in the office and his or their deputy.

7 c. I-11 7 Implied power of deputy or successor to minister (3) Words directing or empowering a minister of the Crown to do an act or thing, or otherwise applying to him by his name of office, include a minister acting for him or, if the office is vacant, a minister designated to act in the office by or under the authority of an order in council, and also his successors in the office and his or their deputy; and where by any Act the signature of a minister is required to a document the document may be signed or countersigned by a minister acting for or, if the office is vacant, in the place of such minister or by his lawful deputy with the same force and effect as if signed by the minister. Power of official to be exercised by holder of office (4) Where a power is conferred or a duty imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the execution of powers and duties of the office. R.S.S. 1965, c.1, s.16; R.S.S. 1978, c.i-11, s.16. Implied provisions 17 In an Act or regulation: Officer to act within jurisdiction 1. where a thing is directed to be done by or before a public of ficer, a judge of magistrates courts, a magistrate or a justice of the peace, it shall be done by or before one whose jurisdiction or power extends to the place where the thing is to be done; Additional powers 2. where power is given to the Lieutenant Governor in Council or a public officer to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable him to do or enforce the doing of the act or thing; Majority may do an act 3. where any act or thing is required to be done by more than two persons, a majority may do it; Continuance of powers 4. where a power is conferred or a duty imposed, the power may be exercised and the duty shall be performed, from time to time, as occasion requires; Revocation or alteration of regulations 5. where power is conferred to make regulations, the power shall be construed as including power, exercisable in like manner and subject to like consent and conditions, to rescind, revoke, amend or vary the regulations and make others; Deviation in forms 6. where a form is precribed, deviations therefrom not affecting the substance nor calculated to mislead, do not invalidate the form used; Gender 7. words importing the masculine gender include the feminine and any corporation to which the context may extend; Number 8. words in the singular include the plural, and words in the plural include the singular; Parts of speech and tenses 9. where a word is defined, other parts of speech and tenses of the same word have corresponding meanings;

8 8 c. I-11 Time expiring on holiday 10. where the time limited for the doing of a thing expires or falls upon a holiday, the time so limited extends to and the thing may be done on the day first following that is not a holiday; Reckoning time 11. where a number of days not expressed to be clear days is prescribed the number of days shall be reckoned exclusively of the first day and inclusively of the last; where the days are expressed to be clear days or where the term at least is used both the first day and the last shall be excluded; Reference to time 12. a reference to time shall, with respect to the area in the prov ince to which the Act or regulation applies, be deemed to be a reference to the time to be used and observed in that area under or pursuant to The Time Act. R.S.S. 1965, c.1, s.17; 1966, c.86, s.2; R.S.S. 1978, c.i-11, s.17. REFERENCES Citation of Act includes amendment 18 A citation of or reference to an Act shall be deemed to be a citation of or reference to the Act as amended. R.S.S. 1965, c.1, s.18; R.S.S. 1978, c.i-11, s.18. References to statutes of Canada 19 A reference in an Act to an amendment of the Parliament of Canada that has been re-enacted, amended, revised or consolidated shall be deemed to be a reference to such enactment as it existed on the sixteenth day of July, , c.58, s.2; R.S.S. 1978, c.i-11, s.19. References to sections, etc., as printed 20(1) Reference by number or letter to any section, subsection, paragraph, subparagraph, clause, subclause or line of another Act shall be deemed to be a reference to such section, subsection, paragraph, subparagraph, clause, subclause or line of such other Act as printed by authority of law. Citation of sections by number to be inclusive (2) Where reference is made by number or letter to two or more parts, divisions, sections, subsections, paragraphs, subparagraphs, clauses, subclauses, schedules or forms in an Act or regulation, the number or letter first mentioned and the number or letter last mentioned shall both be deemed to be included in the reference. Reference in Act to parts of the Act (3) Where in an Act or regulation reference is made to a part, division, section, schedule or form without anything in the context to indicate that a part, division, section, schedule or form of some other Act or regulation is intended to be referred to, the reference shall be deemed to be a reference to a part, division, section, schedule or form of the Act or regulation in which the reference is made.

9 c. I-11 9 Reference in section (4) Where in a section of an Act or regulation reference is made to a subsection, paragraph, subparagraph, clause or subclause without anything in the context to indicate that a subsection, paragraph, subparagraph, clause or subclause of some other section is intended to be referred to, the reference shall be deemed to be a reference to a subsection, paragraph, subparagraph, clause or subclause of the section in which the reference is made. Construction of references in Acts to regulations (5) Where in an Act reference is made to regulations, without anything in the context to indicate that regulations made under some other Act are intended to be referred to, the reference shall be deemed to be a reference to regulations made under the Act in which the reference is made. R.S.S. 1965, c.1, s.20; R.S.S. 1978, c.i-11, s.20. Definitions 21 In an Act or regulation: WORDS AND PHRASES Act, statute 1. Act or statute means an Act or statute of the Legislature of Saskatchewan and includes an Ordinance of the North-West Territories in force in this province; Assembly 2. Assembly means the Legislative Assembly of the province; bank, chartered bank 3. bank or chartered bank means a bank to which the Bank Act (Canada) applies, and includes a branch, agency and office of a bank; cattle 4. cattle includes any horse, mule, ass, swine, sheep or goat as well as any neat cattle or animal of the bovine species and by whatever technical or familar name known, and shall apply to one animal as well as to many; Criminal Code 5. Criminal Code means the Criminal Code of Canada as it existed on the 16th day of July, 1971; folio 6. folio means one hundred words; Gazette 7. Gazette means The Saskatchewan Gazette published by the Queen s Printer; Governor General 8. Governor General means the Governor General of Canada or other chief executive officer or administrator carrying on the government of Canada on behalf and in the name of the Sovereign, by whatever title he is designated; Governor in Council, Governor General in Council 9. Governor in Council or Governor General in Council means the Governor General or person administering the govern ment of Canada, acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the Queen s Privy Council for Canada;

10 10 c. I-11 Great Seal 10. Great Seal means the Great Seal of Saskatchewan; Her Majesty, His Majesty, etc. 11. Her Majesty, His Majesty, the Queen, the King or the Crown means the Sovereign of the United Kingdom, Canada and Her or His other Realms and Territories, and the Head of the Commonwealth; holiday 12. holiday includes Sunday, New Year s Day, Ash Wednesday, Good Friday, Easter Monday, Victoria Day, the birthday or the day appointed for the celebration of the birth of the reigning Sovereign, Dominion Day, Labour Day, Remembrance Day, Christmas Day, and any day appointed by an Act of the Parliament of Canada or by proclamation of the Governor General or of the Lieutenant Governor for a general fast or thanksgiving or as Arbor Day for the planting of forest or other trees or as a public holiday, and when a holiday other than Remembrance Day falls on a Sunday the expression holiday includes the following day; justice 13. justice means a justice of the peace and includes one or more justices if two or more justices act or have jurisdiction and also any person having the power or authority of two or more justices of the peace; Legislature 14 Legislature means the Lieutenant Governor acting by and with the advice and consent of the Legislative Assembly of the province; Lieutenant Governor 15. Lieutenant Governor means the Lieutenant Governor of the province or other chief executive officer or administrator carrying on the government of Saskatchewan on behalf and in the name of the Sovereign, by whatever title he is designated; Lieutenant Governor in Council 16. Lieutenant Governor in Council means the Lieutenant Governor or person administering the government of Saskatchewan acting by and with the advice of or in conjunction with the Executive Council of Saskatchewan; month 17. month means calendar month; oath, affidavit 18. oath or affidavit in the case of persons for the time being allowed or required by law to affirm or declare instead of swearing includes affirmation and declaration and swear in the like case includes affirm and declare ; person 19. person includes a corporation and the heirs, executors, administrators or other legal representatives of a person; proclamation 20. proclamation means a proclamation under the Great Seal; province 21. province means the Province of Saskatchewan; provincial magistrate 22. provincial magistrate means a provincial magistrate appointed, or pursuant to statutory provision in that behalf deemed to have been appointed, under The Provincial Magistrates Act, and includes a judge of the magistrates courts appointed under The Magistrates Courts Act;

11 c. I Saskatchewan 23. Saskatchewan means the Province of Saskatchewan; security 24. security means sufficient security; statutory declaration, solemn declaration 25. statutory declaration or solemn declaration means a solemn declaration made pursuant to The Saskatchewan Evidence Act; surety 26. surety means a sufficient surety; Territories 27. Territories where it occurs in an Act passed prior to the first day of September, 1905, means the North-West Territories as defined in The North-West Territories Act, 1886, excepting that portion of the said Territories declared by The Yukon Territory Act to constitute the Yukon Territory; United Kingdom 28. United Kingdom means the United Kingdom of Great Britain and Northern Ireland; United States 29. United States means the United States of America; will 30. will includes codicil; writing, written 31. writing, written or any term of like import includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any mode of representing or reproducing words in a visible form; year 32. year means calendar year. Names commonly used (2) In an Act or regulation a name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary, person, party or thing to which the name is commonly applied although the name is not thte formal or extended designation thereof. (3) In an Act or regulation except where the context otherwise requires: (a) adult means a person eighteen years of age or more; (b) infant or minor means a person under eighteen years of age; (c) majority or age of majority means eighteen years of age. R.S.S. 1965, c.1, s.21; 1970, c.8, s.5; 1972, c.1, s.18; 1972, c.58, s.3; R.S.S. 1978, c.i-11, s.21. REPEAL AND AMENDMENT Power of repeal reserved 22(1) An Act shall be construed as reserving to the Legislature the power of repealing or amending it and revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to a person.

12 12 c. I-11 Amendment at same session (2) An Act may be amended or repealed by an Act passed in the same session. Amendment one with Act (3) An amending Act, so far as consistent with the tenor thereof, shall be construed as part of the Act that it amends. R.S.S. 1965, c.1, s.22; R.S.S. 1978, c.i-11, s.22. Effect of repeal 23(1) Where an Act or enactment is repealed in whole or in part or a regulation revoked in whole or in part the repeal or revocation does not: (a) revive any Act, enactment, regulation or thing not in force or existing at the time at which the repeal or revocation takes place; (b) affect the previous operation of any Act, enactment or regulation so repealed or revoked or anything duly done or suffered thereunder; (c) affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred under the Act, enactment or regulation so repealed or revoked; (d) affect any offence committed against or any violation of the Act, enactment or regulations so repealed or revoked, or any penalty, forfeiture or punishment incurred in respect thereof; (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment; and the investigation, legal proceeding or remedy may be instituted, continued or enforced and the penalty, forfeiture or punishment imposed as if the Act, enactment or regulation had not been repealed or revoked. Effect of repeal and substitution (2) Where an Act or enactment is repealed in whole or in part or a regulation revoked in whole or in part and other provisions are substituted therefor: (a) every person acting under the Act, enactment or regulation so repealed or revoked shall continue to act as if appointed under the provisions so substituted until another is appointed in his stead; (b) every bond and security given by any person appointed under the Act, enactment or regulation so repealed or revoked shall remain in force, and all offices, books, papers and things made or used under the repealed or revoked Act, enactment or regulation shall continue as before the repeal or revocation so far as consistent with the substituted provisions; (c) every proceeding taken under the Act, enactment or regulation 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; (d) in the recovery or enforcement of penalties and forfeitures incurred and in the enforcement of rights, existing or accruing under the Act, enactment or regulation so repealed or revoked, or in any proceedings in relation to matters which have happened before the repeal or revocation, the procedure established by the substituted provisions shall be followed so far as it can be adapted; (e) if any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions so substituted, the penalty, forfeiture or punishment if imposed or adjudged after the repeal or relocation, shall be reduced or mitigated accordingly. R.S.S. 1965, c.1, s.23; R.S.S. 1978, c.i-11, s.23.

13 c. I Repeal and substitution affecting 24 Where an Act or enactment is repealed in whole or in part and other provisions are substituted by way of amendment, revision or consolidation: regulations (a) all regulations made under the repealed Act, or enactment, remain in force insofar as they are not inconsistent with the substituted Act or enactment until they are annulled or others made in their stead; and references (b) a reference, in an unrepealed Act or enactment or in a regulation made thereunder, to the repealed Act or enactment, shall, as regards a subsequent transaction, matter or thing, be construed to be a reference to the provisions of the substituted Act or enactment relating to the same subject matter as the repealed Act or enactment; and if there are no provisions in the substituted Act or enactment relating to the same subject matter, the repealed Act or enactment shall stand good and be read and construed as unrepealed, but only so far as is necessary to maintain or give effect to the unrepealed Act, enactment or regulation. R.S.S. 1965, c.1, s.24; 1968, c.72, s.2; R.S.S. 1978, c.i-11, s.24. Repeal does not imply any Act in force 25(1) The repeal of an Act or enactment in whole or in part shall not be deemed to be or to involve a declaration that the Act or enactment was or was considered by the Legislature to have been previously in force. Amendment does not imply a change in the law (2) The amendment of an Act or enactment shall not be deemed to be or to involve a declaration that the law under the Act or enact ment was or was considered by the Legislature to have been different from the law as it is under the Act or enactment as amended. Repeal or amendment does not declare previous law (3) The repeal of an Act or enactment in whole or in part or the amendment of an Act or enactment shall not be deemed to be or to involve any declaration as to the previous state of the law. Does not adopt judical construction (4) The Legislature shall not, by re-enacting an Act or enact ment, or by revising, consolidating or amending an Act or enact ment, be deemed to have adopted the construction that has by judicial decision or otherwise been placed upon the language used in the Act or enactment or upon similar language. R.S.S. 1965, c.1, s.25; R.S.S. 1978, c.i-11, s.25. When substituted provision takes effect 26 When a part of an Act is repealed and a provision substituted therefor is incorporated in the Act, the substituted provision shall, unless the contrary is expressly declared, taken effect from the date of the commencement of the repealing Act. R.S.S. 1965, c.1, s.26; R.S.S. 1978, c.i-11, s.26.

14 14 c. I-11 ENFORCEMENT OF THE LAW Procedure 27(1) Unless otherwise therein specially provided, proceedings for the imposition of punishment by fine, penalty or imprisonment for enforcing an Act or regulation may be brought summarily before a justice of the peace under the provisions of the Criminal Code relating to summary convictions; and the words on summary conviction wherever they occur in an Act or regulation shall refer to and mean under and by virtue of the said provisions. (2) If no time is specially limited in the Act or regulation relating to the particular offence, for making a complaint or laying an infor mation, the complaint shall be made or the information laid within six months from the time when the matter of the complaint or information arose. (3) Unless otherwise specially provided, Parts XIX, XXIII and XXIV and sections 20, 21, 22, 440, 460 (insofar as it relates to a witness), 645, 649 and 650 of the Criminal Code, as those provi sions existed on the sixteenth day of July, 1971, apply mutatis mutandis to summary conviction proceedings before justices of the peace under or by virtue of any law in force in Saskatchewan or under municipal bylaws and to appeals from convictions or orders made thereunder. R.S.S. 1965, c.1, s.27; 1972, c.58, s.4; 1972, c.122, s.18; R.S.S. 1978, c.i-11, s.27. Application of penalties 28 Any duty, penalty, fine or sum of money or the proceeds of a forfeiture under any law of the province shall, if no other provision is made respecting it, belong to the Crown for the public uses of the province and form part of the consolidated fund. R.S.S. 1965, c.1, s.28; R.S.S. 1978, c.i-11, s.28. Recovery of penalties 29 Where a pecuniary penalty or a forfeiture is imposed for the contravention of an Act, then, if the provisions of the Criminal Code relating to summary convictions are not applicable to the case and if no other mode is prescribed for the recovery of thc penalty or forfeiture or if the mode prescribed is not applicable to the case, the penalty or forfeiture shall be recoverable with costs by civil action or proceedings at the suit of the Attorney General or of a private party suing as well for the Crown as himself in the Court of the Queen s Bench; and, if no other provision is made for the appropriation of the penalty or forfeiture, one-half thereof shall belong to the Crown for the public uses of the province and form part of the consolidated fund, and the other half shall belong to the private plaintiff if any, and if there is none the whole shall belong to the Crown. R.S.S. 1965, c.1, s.29; R.S.S. 1978, c.i-11, s.29.

15 c. I Entering of amount of fine and costs as a judgment 30 Where a fine adjudged to be paid by a corporation for the contravention of an Act or regulation is not paid at the time or within the period fixed by the summary conviction court the person who institutes the proceedings under the Act or regulation, or his counsel, may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the Court of Queen s Bench at the judicial centre nearest to the place where the trial was held or in the district court at that judicial centre, depending on which court has jurisdiction to the amount of the fine and costs, if any, in personal actions in contract, and the judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings. R.S.S. 1965, c.1, s.30; R.S.S. 1978, c.i-11, s.30. Imprisonment 31 Where under an Act a court or person is empowered or required to award imprisonment, the court or person may in its or his discretion, unless the Act otherwise provides, award imprisonment with hard labour. R.S.S. 1965, c.1, s.31; R.S.S. 1978, c.i-11, s.31. MISCELLANEOUS Administration of oaths 32 Where by an Act or by an order, regulation or commission made or issued by the Lieutenant Governor or Lieutenant Governor in Council under any law authorizing him to require the taking of evidence under oath, an oath is authorized or directed to be made, taken or administered, the oath may be administered and a certificate of its having been made, taken or administered may be given by any one named in the Act, order, regulation or commission or by a judge of any court, a provincial magistrate, notary public, justice of the peace or a commissioner for oaths having authority or jurisdiction in the place where the oath is administered. R.S.S. 1965, c.1, s.32; R.S.S. 1978, c.i-11, s.32. Judge or officer not persona designata 33 Notwithstanding section 3, where by any Act judicial or quasi-judicial powers are given to a judge or an officer of any court, whether individually or as a member of a class, the judge or officer shall, in the absence of express provision to the contrary, be deemed to exercise the powers in his capacity as judge or officer of the court, as if the court itself had jurisdiction in respect thereof, and not as persona designata. R.S.S. 1965, c.1, s.33; R.S.S. 1978, c.i-11, s.33. Enlargement of time 34 Where by an Act power is given to the court or a judge to enlarge the time allowed for doing any act or taking any proceeding, an enlargement may be ordered although the application therefor is not made until after the expiration of the prescribed period. R.S.S. 1965, c,1, s.34; R.S.S. 1978, c.i-11, s.34.

16 16 c. I-11 Penalties and damage action 35 The imposition of a penalty shall not relieve any person from liability to answer for special damages to the person injured. R.S.S. 1965, c.1, s.35; R.S.S. 1978, c.i-11, s.35. Offences under two or more Acts 36 Where an act or omission constitutes an offence under two or more Acts, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts but shall not be liable to be punished twice for the same offence. R.S.S. 1965, c.1, s.33; R.S.S. 1978, c.i-11, s.36. General rules of construction 37 Nothing in this Act shall exclude the application to any Act of any rule of construction applicable thereto and not inconsistent with this Act. R.S.S. 1965, c.1, s.37; R.S.S. 1978, c.i-11, s.37. Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER Copyright 2012