Interpretation Act, R.S.A. 2000, c. I-8

Citation:Interpretation Act, R.S.A. 2000, c. I-8
Enabled Regulations: 2 Regulations
URL:http://www.canlii.org/ab/laws/sta/i-8/20040623/whole.html
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INTERPRETATION ACT
Chapter I-8
Table of Contents
	1	Interpretation
	2	Application to all enactments
	3	Extent of application
	4	Date of commencement
	5	Time of commencement or repeal
	6	Commencement or repeal on proclamation
	7	Exercise of powers prior to commencement
	8	Private Acts
	9	Enactments always speaking
	10	Enactments remedial
	11	Enacting clause
	12	Preambles and reference aids
	13	Definitions and interpretation provisions
	14	Crown not bound
	15	Proclamations
	16	Corporate rights and powers
	17	Majority and quorum
	18	Powers of judges and court officers
	19	Appointment of public officers
	20	Appointment of persons
	21	Powers in name of office
	22	Computation of time
	23	Presumption of service


	24	Registered, certified mail
	25	Ancillary powers
	26	Use of forms and words
	27	Replacement of Government documents
	28	General definitions
	29	Definitions respecting pension plans
	30	Reference by common name
	31	Citation includes amendments
	32	References in enactments
	33	Application of other enactments
	34	Amending enactments
	35	Repeal
	36	Repeal and replacement
	37	No implications from repeal, amendment, etc.
HER MAJESTY, by and with the advice and consent of the 
Legislative Assembly of Alberta, enacts as follows:
Interpretation
1(1)  In this Act,
	(a)	"enact" includes issue, make, establish or prescribe;
	(b)	"public officer" includes any person in the public service 
of the Province
	(i)	who is authorized by or under an enactment to do or 
enforce the doing of an act or thing or to exercise a 
power, or
	(ii)	on whom a duty is imposed by or under an 
enactment;
	(c)	"regulation" means a regulation, order, rule, form, tariff of 
costs or fees, proclamation, bylaw or resolution enacted
	(i)	in the execution of a power conferred by or under the 
authority of an Act, or
	(ii)	by or under the authority of the Lieutenant Governor 
in Council,
		but does not include an order of a court made in the course 
of an action or an order made by a public officer or 
administrative tribunal in a dispute between 2 or more 
persons;
	(d)	"repeal" includes strike out, revoke, cancel or rescind.
(2)  For the purposes of this Act, an enactment that has expired or 
lapsed or otherwise ceased to have effect is deemed to have been 
repealed.
RSA 1980 cI-7 s1
Application to all enactments
2   This Act applies to every enactment whether enacted before or 
after the commencement of this Act.
RSA 1980 cI-7 s2
Extent of application 
3(1)  This Act applies to the interpretation of every enactment 
except to the extent that a contrary intention appears in this Act or 
the enactment.
(2)  The provisions of this Act apply to the interpretation of this 
Act except to the extent that a contrary intention appears in this 
Act.
(3)  Nothing in this Act excludes the application to an enactment of 
a rule of construction applicable to it and not inconsistent with this 
Act.
RSA 1980 cI-7 s3
Date of commencement
4(1)  The date of the commencement of an Act or of any portion of 
an Act for which no other date of commencement is provided in the 
Act is the date of assent to the Act.
(2)  If an Act contains a provision that the Act or any portion of it 
is to come into force or to be repealed other than on the date of 
assent to the Act, that provision comes into force on the date of 
assent to the Act.
(3)  In this section, "date of assent", with reference to an Act that 
has been reserved for the signification of the Governor General's 
pleasure, means the date of the signification by the Lieutenant 
Governor that the Governor General in Council assented to the Act.
(4)  A regulation that
	(a)	is exempted from the application of the Regulations Act or 
to which that Act does not apply, and
	(b)	is not expressed to come into force on a particular day
comes into force on the day that the regulation is enacted.
RSA 1980 cI-7 s4
Time of commencement or repeal
5(1)  An enactment has effect immediately at the beginning of the 
day on which it comes into force.
(2)  An enactment that is repealed and replaced ceases to have 
effect at the time the new enactment commences.
(3)  Subject to subsection (2), where
	(a)	an enactment is expressed to be repealed on a 
particular day, or
	(b)	an enactment is expressed to expire or otherwise 
cease to have effect on a particular day,
that enactment is repealed, expires or otherwise ceases to have 
effect at the end of that day.
RSA 2000 cI-8 s5;2002 c17 s3
Commencement or repeal on proclamation
6   If an enactment is stated to come into force or to be repealed on 
proclamation,
	(a)	a proclamation may apply to and fix a day for
	(i)	the commencement of, or
	(ii)	the repeal of,
		all or any portion of the enactment, and
	(b)	proclamations may be issued at different times in respect 
of different portions of the enactment.
RSA 1980 cI-7 s6
Exercise of powers prior to commencement
7   If an enactment that is not in force contains provisions 
conferring power
	(a)	to make a regulation, or
	(b)	to do any other thing,
that power may be exercised at any time before the enactment 
comes into force, but a regulation so made or a thing so done has 
no effect until the enactment comes into force except insofar as is 
necessary to make the enactment effective on its coming into force.
RSA 1980 cI-7 s7
Private Acts 
8   No provision in a private Act affects the rights of any person, 
except as mentioned or referred to in the private Act.
RSA 1980 cI-7 s8
Enactments always speaking 
9   An enactment shall be construed as always speaking and shall 
be applied to circumstances as they arise.
RSA 1980 cI-7 s9
Enactments remedial 
10   An enactment shall be construed as being remedial, and shall 
be given the fair, large and liberal construction and interpretation 
that best ensures the attainment of its objects.
RSA 1980 cI-7 s10
Enacting clause 
11   The words "HER MAJESTY, by and with the advice and 
consent of the Legislative Assembly of Alberta, enacts as follows:" 
indicate the authority by virtue of which an Act is passed.
RSA 1980 cI-7 s11
Preambles and reference aids 
12(1)  The preamble of an enactment is a part of the enactment 
intended to assist in explaining the enactment.
(2)  In an enactment,
	(a)	tables of contents,
	(b)	marginal notes and section headers, and
	(c)	statutory citations after the end of a section or schedule
are not part of the enactment, but are inserted for convenience of 
reference only.
RSA 2000 cI-8 s12;2002 c17 s3
Definitions and interpretation provisions 
13   Definitions and other interpretation provisions in an enactment
	(a)	are applicable to the whole enactment, including the 
section containing the definitions or interpretation 
provisions, except to the extent that a contrary intention 
appears in the enactment, and
	(b)	apply to regulations made under the enactment except to 
the extent that a contrary intention appears in the 
enactment or in the regulations.
RSA 1980 cI-7 s13
Crown not bound 
14   No enactment is binding on Her Majesty or affects Her 
Majesty or Her Majesty's rights or prerogatives in any manner, 
unless the enactment expressly states that it binds Her Majesty.
RSA 1980 cI-7 s14
Proclamations 
15(1)  If a proclamation is issued pursuant to an order of the 
Lieutenant Governor in Council, it is not necessary to mention in 
the proclamation that it is issued pursuant to that order.
(2)  If the Lieutenant Governor in Council has authorized the issue 
of a proclamation, the proclamation may purport to have been 
issued on the day its issue was so authorized, and, if a proclamation 
does not state when it takes effect, the day on which it purports to 
have been issued is deemed to be the day on which the 
proclamation takes effect.
RSA 1980 cI-7 s15
Corporate rights and powers 
16   Words in an enactment establishing or continuing a 
corporation
	(a)	vest in the corporation power
	(i)	to sue in its corporate name,
	(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,
	(v)	to acquire and hold real property and personal 
property for the purposes for which the corporation is 
established and to dispose of the real property or 
personal property at pleasure, and
	(vi)	to regulate its own procedure and business;
	(b)	make the corporation liable to be sued in its corporate 
name;
	(c)	vest in a majority of the members of the corporation the 
power to bind the others by their acts;
	(d)	exempt from personal liability for its debts, obligations or 
acts those individual members of the corporation who do 
not contravene the provisions of the enactment 
establishing the corporation;
	(e)	in the case of a corporation having a name consisting of 
an English and a French form or a combined English and 
French form, vest in the corporation power to use either 
the English or French form of its name, or both forms, and 
to show on its seal both the English and French forms of 
its name or to have 2 seals, one showing the English and 
the other showing the French form of its name.
RSA 1980 cI-7 s16;1991 c21 s14
Majority and quorum 
17(1)  If in an enactment an act or thing is required or authorized to 
be done by more than 2 persons, a majority of them may do it.
(2)  If an enactment establishes or continues a board,
	(a)	at least 1/2 of the number of members provided for under 
the enactment constitutes a quorum at a meeting of the 
board;
	(b)	an act or thing done by a majority of the members of the 
board present at a meeting, if the members present 
constitute a quorum, is deemed to have been done by the 
board;
	(c)	a vacancy in the membership of the board does not 
invalidate the constitution of the board or impair the right 
of the members of the board to act, if the number of 
members is not less than a quorum.
(3)  In subsection (2), "board" means a board, commission or other 
body, whether incorporated or not, consisting of 3 or more 
members.
RSA 1980 cI-7 s17;1991 c21 s14
Powers of judges and court officers 
18(1)  If by an enactment judicial or quasi-judicial powers are 
given to a judge or officer of a court, the judge or officer is deemed 
to exercise those powers in the judge's or officer's official capacity 
and as representing that court, and the judge or officer may for the 
purpose of performing the duties imposed on the judge or officer 
by the enactment, subject to the provisions of the enactment, 
exercise the powers the judge or officer possesses as a judge or 
officer of that court.
(2)  Without restricting the generality of subsection (1), if under an 
enactment an appeal is given from any person, board, commission 
or other body to a court or judge, an appeal lies from the decision 
of the court or judge as in the case of any other action, matter or 
proceeding in that court or in the court of which the judge is a 
member.
(3)  If an enactment provides that a proceeding, matter or thing is to 
be done by or before a judge, the proceeding, matter or thing, if 
properly commenced before a judge, may be continued or 
completed before any other judge of the same court.
RSA 1980 cI-7 s18
Appointment of public officers 
19   The authority under an enactment to appoint a public officer is 
authority to appoint during pleasure.
RSA 1980 cI-7 s19
Appointment of persons 
20(1)  Words in an enactment authorizing the appointment of a 
person include the power of
	(a)	fixing the person's term of office;
	(b)	terminating the person's appointment or removing or 
suspending the person;
	(c)	reappointing or reinstating the person;
	(d)	fixing the person's remuneration and varying or 
terminating it;
	(e)	appointing another in the person's place or to act in the 
person's place whether or not the office is vacant;
	(f)	appointing a person as that person's deputy.
(2)  If a person is appointed by or under the authority of an 
enactment to an office effective on a specified day, the appointment 
is deemed to be effective immediately on the beginning of that day.
(3)  If a person is appointed by or under the authority of an 
enactment to an office for a term of office that is to conclude, 
expire or otherwise come to an end on an expressed day, the term 
of office includes that day.
(4)  If the appointment of a person by or under the authority of an 
enactment is terminated, revoked or rescinded effective on a 
specified day, that termination, revocation or rescission, whether or 
not that person holds office for a term of office that is to conclude, 
expire or otherwise come to an end on an expressed day, is deemed 
to be effective immediately on the beginning of the specified day.
(5)  Unless otherwise expressed in an enactment and subject to 
section 36(1)(a), if
	(a)	a person is appointed by or under the authority of an 
enactment to an office, and
	(b)	while that appointment is still in effect,
	(i)	the office or position of the person making the 
appointment has changed or the occupant of that 
office or position has changed,
	(ii)	the name or designation of the office to which the 
person has been appointed has changed but the 
functions, duties and undertakings of the office 
remain the same or substantially the same as they 
were at the time of the appointment, or
	(iii)	the authority under which the appointment was made 
has changed in some manner but the authority to 
make the appointment remains substantially the same 
as it was at the time that the appointment was made,
the person appointed continues to hold the office to which the 
person has been appointed until the term of office expires or the 
appointment is terminated, revoked or rescinded.
(6)  Unless otherwise expressed in an enactment, if
	(a)	a delegation, including any appointment made or authority 
given that is in the nature of a delegation, is made or 
otherwise given to a person by or under the authority of an 
enactment, and
	(b)	while that delegation is in effect,
	(i)	the office or position of the person making or 
otherwise giving the delegation has changed or the 
occupant of that office or position has changed,
	(ii)	the name or designation of the office or position of 
the person to whom the delegation was made or 
otherwise given has changed but the functions, duties 
and undertakings of the office or position remain the 
same or substantially the same as they were at the 
time that the delegation was made or otherwise 
given, or
	(iii)	the authority under which the delegation was made or 
otherwise given has changed in some manner but the 
authority to make or otherwise give the delegation 
remains substantially the same as it was at the time 
that the delegation was made or otherwise given,
that delegation remains in effect until the delegation is terminated, 
revoked or rescinded or expires.
(7)  Unless otherwise expressed in an enactment, if
	(a)	a person who is appointed by or under the authority of an 
enactment to an office is engaged in an investigation, a 
hearing, a review, an appeal or a similar undertaking or in 
carrying out some other duty or function provided for 
under an enactment, and
	(b)	that appointment expires or otherwise ends before that 
person concludes the investigation, hearing, review, 
appeal or undertaking or the carrying out of the duty or 
function,
that person, unless otherwise directed by the person who has the 
authority to make the appointment referred to in clause (a) or the 
Minister responsible for the enactment under which the 
appointment was made, remains empowered to conclude that 
investigation, hearing, review, appeal or undertaking or the 
carrying out of that duty or function, including the making of any 
recommendation, report, determination or other conclusion that 
forms a part of that investigation, hearing, review, appeal, 
undertaking, duty or function.
(8)  Notwithstanding subsections (6) and (7), in the case of an 
appointment referred to in subsection (4) that is terminated, 
revoked or rescinded, the person whose appointment is terminated, 
revoked or rescinded is not, at any time after the termination, 
revocation or rescission becomes effective, eligible to exercise any 
power, duty or function under subsection (6) or (7) unless expressly 
permitted to do so by the person who terminated, revoked or 
rescinded the appointment or by the Minister responsible for the 
enactment under which the termination, revocation or rescission 
was effected.
RSA 2000 cI-8 s20;2002 c17 s3
Powers in name of office
21(1)  Words in an enactment directing or empowering a Minister 
of the Crown to do something, or otherwise applying to the 
Minister by the Minister's name of office, include
	(a)	a Minister acting for another Minister or a Minister 
designated to act in the office, and
	(b)	the deputy of the Minister or a person appointed as acting 
deputy,
but nothing in this subsection authorizes a deputy or acting deputy 
to exercise any authority conferred on a Minister to enact a 
regulation as defined in the Regulations Act.
(2)  Words in an enactment directing or empowering a person to do 
something, or otherwise applying to the person by the person's 
name of office, include
	(a)	a person acting for that person or appointed to act in the 
office, and
	(b)	that person's deputy or a person appointed as that person's 
acting deputy.
(3)  This section applies whether or not the office of a Minister or 
other person is vacant.
RSA 1980 cI-7 s21;1981 c50 s2;1994 cG-8.5 s37
Computation of time 
22(1)  If in an enactment the time limited for the doing of a thing 
expires or falls on a holiday, the thing may be done on the day next 
following that is not a holiday.
(2)  If in an enactment the time limited for registration or filing of 
an instrument, or for the doing of anything, expires or falls on a day 
on which the office or place in which the instrument or thing is 
required to be registered, filed or done is not open during its regular 
hours of business, the instrument or thing may be registered, filed 
or done on the day next following on which the office or place is 
open.
(3)  If an enactment contains a reference to a number of days 
expressed to be clear days or to "at least" or "not less than" a 
number of days between 2 events, in calculating the number of 
days, the days on which the events happen shall be excluded.
(4)  If an enactment contains a reference to a number of days not 
expressed to be clear days or "at least" or "not less than" a number 
of days between 2 events, in calculating the number of days, the 
day on which the first event happens shall be excluded and the day 
on which the 2nd event happens shall be included.
(5)  If in an enactment a time is expressed to begin or end at, on or 
with a specified day or to continue to or until a specified day, the 
time includes that day.
(6)  If in an enactment a time is expressed to begin after or to be 
from a specified day, the time does not include that day.
(7)  If an enactment provides that anything is to be done within a 
time after, from, of or before a specified day, the time does not 
include that day.
(8)  If an enactment contains a reference to a period of time 
consisting of a number of months after or before a specified day, 
the number of months shall be counted from, but not so as to 
include, the month in which the specified day falls, and the period  
shall be reckoned as being limited by and including
	(a)	the day immediately after or before the specified day, 
according as the period follows or precedes the specified 
day, and
	(b)	the day in the last month so counted having the same 
calendar number as the specified day, but if that last 
month has no day with the same calendar number, then 
the last day of that month.
(9)  For the purpose of construing a reference in an enactment to a 
specified age expressed as a number of years, a person is deemed to 
have attained the specified age at the beginning of the relevant 
anniversary of the day of the person's birth.
RSA 1980 cI-7 s22
Presumption of service 
23(1)  If an enactment authorizes or requires a document to be sent, 
given or served by mail and the document is properly addressed 
and sent by prepaid mail other than double registered or certified 
mail, unless the contrary is proved the service shall be presumed to 
be effected
	(a)	7 days from the date of mailing if the document is mailed 
in Alberta to an address in Alberta, or
	(b)	subject to clause (a), 14 days from the date of mailing if 
the document is mailed in Canada to an address in 
Canada.
(2)  Subsection (1) does not apply if
	(a)	the document is returned to the sender other than by the 
addressee, or
	(b)	the document was not received by the addressee, the proof 
of which lies on the addressee.
1981 c50 s3
Registered, certified mail
24   A reference in an enactment to double registered mail, single 
registered mail, registered mail or certified mail includes any form 
of mail for which the addressee or a person on behalf of the 
addressee is required to acknowledge receipt of the mail by 
providing a signature.
1999 c32 s10
Ancillary powers 
25(1)  If in an enactment anything is required or authorized to be 
done by or before a justice of the peace or public officer, it shall be 
done by or before one whose jurisdiction or powers extend to the 
place where the thing is to be done.
(2)  If in an enactment power is given to a person to do or enforce 
the doing of any act or thing, all other powers that are necessary to 
enable the person to do or enforce the doing of the act or thing are 
deemed to be given also.
(3)  If in an enactment 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.
(4)  If in an enactment a power is conferred to make regulations, 
the power shall be construed as including a power exercisable in a 
similar manner, and subject to a similar consent and conditions, if 
any, to repeal or amend the regulations and to make others.
(5)  If in an enactment the doing of an act that is expressly 
authorized is dependent on the doing of any other act by the 
Lieutenant Governor in Council or by a public officer, the 
Lieutenant Governor in Council or public officer, as the case may 
be, has the power to do that other act.
RSA 1980 cI-7 s23
Use of forms and words 
26(1)  When a form is prescribed by or under an enactment, 
deviations from it not affecting the substance and not calculated to 
mislead do not invalidate the form used.
(2)  In an enactment, words importing male persons include female 
persons, words importing female persons include male persons and 
words importing either sex include corporations.
(3)  In an enactment, words in the singular include the plural, and 
words in the plural include the singular.
(4)  When a word or expression is defined in an enactment, other 
parts of speech and grammatical forms of the same word or 
expression have corresponding meanings.
RSA 1980 cI-7 s24
Replacement of Government documents
27(1)  In this section, "document" means letters patent, 
commissions and other documents issued under the Great Seal of 
the Province.
(2)  Where a document has been lost, destroyed or damaged, a 
replacement for the document may be issued.
(3)  The replacement for a document must
	(a)	have the same form and contents as the document,
	(b)	show the original date of issue, and
	(c)	be endorsed with a notation on the reverse that it is a 
replacement for the document and must set out the date of 
issue of the replacement.
(4)  The replacement for the document may be signed by
	(a)	the person who signed the document even though the 
person might not hold office on the date the replacement 
for the document is issued, or
	(b)	the person who holds office at present and is entitled 
under an enactment to sign the document.
(5)  A replacement for a document stands in the place of the 
document and is to be treated in the same manner and has the same 
effect as the document.
1997 c18 s13
General definitions 
28(1)  In an enactment,
	(a)	"Act" means an Act of the Legislature and includes an 
Ordinance of the North-West Territories in force in 
Alberta;
	(b)	"adult" means a person 18 years of age or older;
	(b.1)	"adult interdependent partner" means an adult 
interdependent partner as defined in the Adult 
Interdependent Relationships Act;
	(b.2)	"adult interdependent relationship" means an adult 
interdependent relationship as defined in the Adult 
Interdependent Relationships Act;
	(c)	"authorized trustee investment" means an investment 
authorized under the Schedule to the Trustee Act;
	(d)	"bank" means a bank named in Schedule I or II of the 
Bank Act (Canada);
	(e)	"civil enforcement agency" means a civil enforcement 
agency under the Civil Enforcement Act;
	(f)	"civil enforcement bailiff" means a civil enforcement 
bailiff appointed under the Civil Enforcement Act;
	(g)	"civil enforcement proceedings" means civil enforcement 
proceedings as defined in the Civil Enforcement Act;
	(h)	"commencement", when used with reference to an 
enactment, means the time at which that enactment comes 
into force;
	(i)	repealed 2002 c30 s17;
	(j)	"Court of Appeal" means the Court of Appeal of Alberta;
	(k)	"Court of Queen's Bench" means the Court of Queen's 
Bench of Alberta;
	(l)	"credit union" means a credit union incorporated under 
the Credit Union Act;
	(m)	"enactment" means an Act or a regulation or any portion 
of an Act or regulation;
	(n)	"enforcement creditor" means an enforcement creditor as 
defined in the Civil Enforcement Act;
	(o)	"enforcement debtor" means an enforcement debtor as 
defined in the Civil Enforcement Act;
	(p)	"Executive Council" means the Executive Council of 
Alberta;
	(p.1)	"former adult interdependent partner" means a former 
adult interdependent partner as defined in the Adult 
Interdependent Relationships Act;
	(q)	"Gazette" means The Alberta Gazette;
	(r)	"Government" or "Government of Alberta" means Her 
Majesty in right of Alberta;
	(s)	"Government of Canada" means Her Majesty in right of 
Canada;
	(t)	"Governor General" means the Governor General of 
Canada and includes the Administrator of Canada;
	(u)	"Governor General in Council" means the Governor 
General 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;
	(v)	"Great Seal" means the Great Seal of the Province;
	(w)	"Her Majesty", "His Majesty", "the Queen", "the King", 
"the Crown" or "the Sovereign" means the Sovereign of 
the United Kingdom, Canada and Her other realms and 
territories, and Head of the Commonwealth;
	(x)	"holiday" includes
	(i)	every Sunday,
	(ii)	New Year's Day, Alberta Family Day, Good Friday, 
Easter Monday, Victoria Day, Canada Day, Labour 
Day, Remembrance Day and Christmas Day,
	(iii)	the birthday or the day fixed by proclamation for the 
celebration of the birthday of the reigning sovereign,
	(iv)	December 26, or when that date falls on a Sunday or 
a Monday, then December 27,
	(v)	any day appointed by proclamation of the Governor 
General in Council or by proclamation of the 
Lieutenant Governor in Council for a public holiday 
or for a day of fast or thanksgiving or as a day of 
mourning, and
	(vi)	with reference to any particular part of Alberta, the 
day in each year that may by proclamation of the 
Lieutenant Governor in Council be appointed as a 
public holiday for that part of Alberta for the planting 
of forest or other trees;
	(y)	"justice" means a justice within the meaning of the 
Provincial Offences Procedure Act;
	(z)	"lawyer" means an active member of The Law Society of 
Alberta;
	(aa)	"Legislative Assembly" or "Assembly" means the 
Legislative Assembly of Alberta;
	(bb)	"Legislature" means the Lieutenant Governor acting by 
and with the advice and consent of the Legislative 
Assembly;
	(cc)	"Lieutenant Governor" means the Lieutenant Governor of 
the Province of Alberta and includes the Administrator of 
the Province of Alberta;
	(dd)	"Lieutenant Governor in Council" means the Lieutenant 
Governor acting by and with the advice of, or by and with 
the advice and consent of, or in conjunction with, the 
Executive Council;
	(ee)	"loan corporation" means a loan corporation registered 
under the Loan and Trust Corporations Act;
	(ff)	"medical examiner" means a medical examiner appointed 
under the Fatality Inquiries Act;
	(gg)	"Metis settlement" means a settlement corporation 
established under the Metis Settlements Act or the 
geographic area of a settlement corporation, depending on 
the context in which "Metis settlement" is used;
	(hh)	"Metis Settlements Land Registry" means the Metis 
Settlements Land Registry established under the Metis 
Settlements Act;
	(ii)	"minor" means a person under the age of 18 years;
	(jj)	"municipal police service" means a municipal police 
service or a regional police service under the Police Act;
	(kk)	"municipality" means a city, town, village, municipal 
district, specialized municipality, improvement district or 
special area;
	(ll)	"oath" or "affidavit" includes a solemn affirmation or 
solemn declaration whenever the context applies to any 
person by whom a solemn affirmation or declaration may 
be made instead of an oath; and in similar cases the 
expression "sworn" includes the expression "affirmed" or 
"declared";
	(mm)	"offence" means an offence punishable on summary 
conviction;
	(nn)	"person" includes a corporation and the heirs, executors, 
administrators or other legal representatives of a person;
	(oo)	"Personal Property Registry" means the Personal Property 
Registry under the Personal Property Security Act;
	(pp)	"physician", or any similar word or expression implying 
legal recognition of any person as a medical practitioner, 
means a person who is registered under the Medical 
Profession Act as a medical practitioner and who is not 
under suspension;
	(qq)	"police officer" means a member of a police service and 
includes a member of the Royal Canadian Mounted 
Police;
	(rr)	"police service" means a police service under the Police 
Act;
	(ss)	"prescribed" means prescribed by or under the enactment 
in which the word occurs;
	(tt)	"proclamation" means a proclamation of the Lieutenant 
Governor under the Great Seal issued pursuant to an order 
of the Lieutenant Governor in Council;
	(uu)	"Province" means the Province of Alberta;
	(vv)	"province", when used as meaning a part of Canada other 
than Alberta, includes the territories;
	(ww)	"provincial analyst" means a person appointed by the 
Minister of Justice and Attorney General as a provincial 
analyst;
	(xx)	"Provincial Court" means The Provincial Court of 
Alberta;
	(yy)	"provincial judge" means a judge of the Provincial Court;
	(zz)	"Registrar of Land Titles" means a Registrar within the 
meaning of the Land Titles Act;
	(zz.1)	"spouse" means the husband or wife of a married person;
	(aaa)	"statutory declaration" or "solemn declaration" means a 
solemn declaration made under section 18 of the Alberta 
Evidence Act or section 14 of the Canada Evidence Act 
(Canada);
	(bbb)	repealed RSA 2000 c16(Supp) s49;
	(ccc)	"territories", when used as meaning the territories of 
Canada, means the Northwest Territories, the Yukon 
Territory and Nunavut;
	(ddd)	"treasury branch" means a treasury branch within the 
meaning of the Alberta Treasury Branches Act;
	(eee)	"trust corporation" means a trust corporation registered 
under the Loan and Trust Corporations Act;
	(fff)	"village" includes summer village;
	(ggg)	"will" means a will as defined in the Wills Act;
	(hhh)	"writ of enforcement" means a writ of enforcement under 
the Civil Enforcement Act;
	(iii)	"writ proceedings" means writ proceedings as defined in 
the Civil Enforcement Act;
	(jjj)	"writing", "written" or any similar term includes words 
represented or reproduced by any mode of representing or 
reproducing words in visible form.
(2)  In an enactment,
	(a)	"hereafter" shall be construed as referring to the time after 
the commencement of the enactment containing that 
word;
	(b)	"herein" used in a section or part of an enactment shall be 
construed as referring to the whole enactment and not to 
that section or part only;
	(c)	"may" shall be construed as permissive and empowering;
	(d)	"must" is to be construed as imperative;
	(e)	"now" and "next" shall be construed as referring to the 
time of commencement of the enactment containing the 
word;
	(f)	"shall" is to be construed as imperative.
(3)  In a regulation, a reference to "the Act" means the Act or Acts 
under which the regulation is made.
RSA 2000 cI-8 s28;RSA 2000 c16(Supp) s49;2001 c28 s12; 
2002 cA-4.5 s46;2002 c30 s17
Definitions respecting pension plans
29   In an enactment,
	(a)	"Local Authorities Pension Plan" means the Local 
Authorities Pension Plan contained partly in Schedule 1 to 
the Public Sector Pension Plans Act and partly in the plan 
rules made under section 4 of that Schedule;
	(b)	"Management Employees Pension Plan" means the 
Management Employees Pension Plan contained partly in 
Schedule 5 to the Public Sector Pension Plans Act and 
partly in the plan rules made under section 4 of that 
Schedule;
	(c)	"Public Service Management (Closed Membership) 
Pension Plan" means the Public Service Management 
(Closed Membership) Pension Plan contained in Schedule 
6 to the Public Sector Pension Plans Act and in any 
regulations made under section 12 of that Schedule;
	(d)	"Public Service Pension Plan" means the Public Service 
Pension Plan contained partly in Schedule 2 to the Public 
Sector Pension Plans Act and partly in the plan rules 
made under section 4 of that Schedule;
	(e)	"Special Forces Pension Plan" means the Special Forces 
Pension Plan contained partly in Schedule 4 to the Public 
Sector Pension Plans Act and partly in the plan rules 
made under section 4 of that Schedule;
	(f)	"Teachers' Pension Plans" means the Teachers' Pension 
Plan and the Private School Teachers' Pension Plan 
contained partly in the Teachers' Pension Plans Act and 
partly in the respective plan rules made under that Act;
	(g)	"Universities Academic Pension Plan" means the 
Universities Academic Pension Plan contained partly in 
Schedule 3 to the Public Sector Pension Plans Act and 
partly in the plan rules made under section 4 of that 
Schedule.
1993 cP-30.7 s10;1995 cT-1.5 s27
Reference by common name
30   In an enactment a reference by name 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 that name is commonly 
applied, notwithstanding that the name is not its formal or extended 
designation.
RSA 1980 cI-7 s26
Citation includes amendments 
31   In an enactment a citation of or reference to another enactment 
of the Province, of another province or territory or of Canada is a 
citation of or reference to the other enactment as amended, whether 
amended before or after the commencement of the enactment in 
which the citation or reference occurs.
RSA 1980 cI-7 s27;1990 c29 s13
References in enactments 
32(1)  A reference in an enactment to a series of numbers or letters 
by the first and last numbers or letters of the series shall be 
construed as including the number or letter first mentioned and the 
number or letter last mentioned.
(2)  A reference in an enactment to a part, subpart, division, 
section, schedule, appendix or form shall be construed as a 
reference to a part, subpart, division, section, schedule, appendix or 
form of the enactment in which the reference occurs.
(3)  A reference in an enactment to a subsection, clause, subclause, 
paragraph or subparagraph shall be construed as a reference to a 
subsection, clause, subclause, paragraph or subparagraph of the 
section, subsection, clause, subclause or paragraph, as the case may 
be, in which the reference occurs.
(4)  A reference in an enactment to regulations shall be construed 
as a reference to regulations made under the enactment in which 
the reference occurs.
RSA 2000 cI-8 s32;RSA 2000 cI-3 s859
Application of other enactments 
33   If an enactment provides that another enactment of Alberta, 
Canada or another province or territory applies, it applies with the 
necessary changes and so far as it is applicable.
RSA 1980 cI-7 s29
Amending enactments 
34   An amending enactment shall be construed as part of the 
enactment that it amends.
RSA 1980 cI-7 s30
Repeal 
35(1)  When an enactment is repealed in whole or in part, the 
repeal does not
	(a)	revive an enactment or thing not in force or existing 
immediately before the time when the repeal takes effect,
	(b)	affect the previous operation of the enactment so repealed 
or anything done or suffered under it,
	(c)	affect any right, privilege, obligation or liability acquired, 
accrued, accruing or incurred under the enactment so 
repealed,
	(d)	affect any offence committed against or a contravention of 
the enactment so repealed, or any penalty, forfeiture or 
punishment incurred in respect of or under the enactment 
so repealed, or
	(e)	affect any investigation, proceeding or remedy in respect 
of the right, privilege, obligation, liability, penalty, 
forfeiture or punishment.
(2)  An investigation, proceeding or remedy described in subsection 
(1)(e) may be instituted, continued or enforced and the penalty, 
forfeiture or punishment imposed as if the enactment had not been 
repealed.
RSA 1980 cI-7 s31
Repeal and replacement 
36(1)  If an enactment is repealed and a new enactment is 
substituted for it,
	(a)	every person acting under the repealed enactment shall 
continue to act as if appointed or elected under the new 
enactment until the person is reappointed or another is 
appointed or elected in the person's place;
	(b)	every proceeding commenced under the repealed 
enactment shall be continued under and in conformity 
with the new enactment so far as may be consistent with 
the new enactment;
	(c)	the procedure established by the new enactment shall be 
followed as far as it can be adapted
	(i)	in the recovery or enforcement of penalties and 
forfeitures incurred under the repealed enactment,
	(ii)	in the enforcement of rights existing or accruing 
under the repealed enactment, and
	(iii)	in a proceeding in relation to matters that have 
happened before the repeal;
	(d)	if any penalty, forfeiture or punishment is reduced or 
mitigated by the new enactment, the penalty, forfeiture or 
punishment, if imposed or adjudged after the repeal, shall 
be reduced or mitigated accordingly;
	(e)	all regulations made under the repealed enactment remain 
in force and are deemed to have been made under the new 
enactment, insofar as they are not inconsistent with the 
new enactment;
	(f)	any reference in an unrepealed enactment to the repealed 
enactment shall, with respect to a subsequent transaction, 
matter or thing, be construed as a reference to the 
provisions of the new enactment relating to the same 
subject-matter as the repealed enactment, but if there are 
no provisions in the new enactment relating to the same 
subject-matter, the repealed enactment shall be construed 
as being unrepealed insofar as is necessary to maintain or 
give effect to the unrepealed enactment.
(2)  If a statute or regulation of any province or territory or of 
Canada is repealed in whole or in part and other provisions are 
substituted for it, a reference in an enactment of Alberta to the 
repealed statute or regulation shall, with respect to a subsequent 
transaction, matter or thing, be construed to be a reference to the 
substituted provisions relating to the same subject-matter as the 
repealed statute or regulation.
RSA 1980 cI-7 s32
No implications from repeal, amendment, etc.
37(1)  The repeal of an enactment in whole or in part, the repeal of 
an enactment and the substitution of another enactment or the 
amendment of an enactment shall not be construed to be or to 
involve
	(a)	a declaration that the enactment was or was considered by 
the Legislature or other body or person by whom it was 
enacted to have been previously in force, or
	(b)	a declaration as to the previous state of the law.
(2)  The amendment of an enactment shall not be construed to be or 
to involve a declaration that the law under the enactment prior to 
the amendment was or was considered by the Legislature or other 
body or person by whom the enactment was enacted to have been 
different from the law as it is under the enactment as amended.
(3)  A re-enactment, revision, consolidation or amendment of an 
enactment shall not be construed 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 enactment or on similar 
language.
RSA 1980 cI-7 s33
INTERPRETATION ACT

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		Chapter I-8

INTERPRETATION ACT

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		Chapter I-8

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INTERPRETATION ACT

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Section 1		Chapter I-8
INTERPRETATION ACT

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Section 1		Chapter I-8
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