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-8/20051216/whole.html | |
| Version downloaded by CanLII on 2005-12-16 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
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 a corporation that is not an unlimited liability corporation as
defined in the Business Corporations Act 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 2000 cI‑8
s16;2005 c8 s61
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 police officer as defined in the Police Act;
(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;2005 c31 s28
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;

