Acts and Regulations

I-13 - Interpretation Act

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Current to 1 January 2024
CHAPTER I-13
Interpretation Act
Application of Act
1(1)This Act extends and applies to every enactment and regulation except in so far as it
(a) is inconsistent with the intent or object of the enactment or regulation,
(b) would give to any word, expression or clause in the enactment or regulation an interpretation inconsistent with the context thereof or the interpretation section of the enactment or regulation, or
(c) is by the enactment or regulation declared not applicable thereto.
1(2)Where an enactment or regulation contains an interpretation section or provision, it shall be read and construed as being applicable only if the contrary intention does not appear.
1(3)This Act applies to the interpretation of the following:
(a) the Revised Statutes, 1973, the Revised Statutes, 2011, and all subsequent revisions deposited with the Clerk of the Legislative Assembly under subsection 5(1) of the Statute Revision Act; and
(b) all Acts passed at the 1950 session of the Legislature and at all subsequent sessions of the Legislature.
1(4)This Act does not apply to any enactment or regulation enacted or made prior to the 19th day of April, 1950.
1(5)The Interpretation Act, being Chapter 1 of The Revised Statutes, 1927, stands unrepealed in respect of any enactment or regulation enacted or made prior to the 19th day of April, 1950, but does not apply to any other enactment or regulation.
R.S., c.114, s.1; 1958, c.40, s.1; 2011, c.19, s.1
Form of enacting
2All Acts shall be enacted in the name of His Majesty, and the enacting clause may be in the form following: “His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:”.
R.S., c.114, s.2; 2011, c.19, s.2; 2023, c.17, s.123
Endorsement of date of Royal Assent, commencement
3(1)The clerk of the Legislative Assembly shall endorse on every Act of the Legislature, immediately after the title of such Act, the day, month and year when the same was assented to by the Lieutenant-Governor, or reserved; in the latter case the Clerk of the Legislative Assembly shall also endorse thereon the day, month and year when the Lieutenant-Governor signifies either by speech or message to the Legislative Assembly, or by proclamation, that the same was laid before the Governor-General in Council, and that the Governor-General in Council was pleased to assent thereto.
3(2)The endorsement is part of the Act, and the date of the assent or signification is the date of the commencement of the Act, if no other commencement is therein provided.
R.S., c.114, s.3
Judicial notice of Acts
4Every Act shall be judicially noticed, without being specially pleaded.
R.S., c.114, s.4; 1984, c.27, s.11
Operation of statute
5(1)Where an enactment 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.
5(2)Where an enactment or regulation or any provision thereof is not to come into force immediately on its being passed or made and confers power
(a) to make appointments,
(b) to hold elections,
(c) to make regulations,
(d) to give notices,
(e) to prescribe forms,
(f) to do any other thing,
that power may, for the purpose of making the enactment or regulation or provision effective at the date of its coming into force, be exercised at any time after the passing of the enactment or the making of the regulation, subject to the restriction that a regulation made under the power shall not, unless the contrary is necessary for making the enactment or regulation or provision effective from its commencement, come into force until the enactment or regulation or provision comes into force.
R.S., c.114, s.5; 1982, c.33, s.1
Nova Scotia Acts not in force
6No law of the Nova Scotia Legislature passed prior to the erection of the Province of New Brunswick has any force in this Province.
R.S., c.114, s.6
Power to amend or repeal
7(1)An Act shall be construed as reserving to the Legislature the power of repealing or amending it and revoking, restricting or modifying a power, privilege or advantage thereby vested in or granted to a person.
7(2)An Act may be amended or repealed by an Act passed in the same session.
7(3)An amending Act, as far as consistent with the tenor thereof, shall be construed as part of the Act that it amends.
R.S., c.114, s.7; 1958, c.40, s.2; 1973, c.74, s.45
Effect of repeal or amendment
8(1)Where an 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 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 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 enactment or regulation so repealed or revoked,
(d) affect any offence committed against, or any violation of the provisions of the enactment or regulation so repealed or revoked, or any penalty, forfeiture or punishment incurred in respect thereof, nor
(e) affect any investigation, legal proceeding, or remedy in respect of any such 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 enactment or regulation had not been repealed or revoked.
8(2)Where an 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 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 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 enactment or regulation shall continue as before the repeal so far as consistent with the substituted provisions,
(c) every proceeding taken under the enactment or regulation so repealed or revoked may be taken up and continued under and in conformity with the provisions so substituted, so far as consistently may be,
(d) the procedure established by the substituted provisions shall be followed so far as it can be adapted in the recovery or enforcement of penalties and forfeitures incurred and in the enforcement of rights, existing or accruing under the enactment or regulation so repealed or revoked, or in any proceedings in relation to matters that have happened before the repeal or revocation, and
(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 revocation, shall be reduced or mitigated accordingly.
8(3)Where an enactment is repealed in whole or in part or a regulation revoked in whole or in part and other provisions are substituted by way of amendment, revision or consolidation the repeal or revocation does not affect the validity of
(a) any act, deed, right, title grant, assurance, descent, will, registry, filing, by-law, rule, order in council, proclamation, regulation, contract, lien, charge, capacity, immunity, matter or thing done, made acquired, established or existing at the time of the repeal or revocation,
(b) any marriage licence or certificate, or registry thereof, or authority to solemnize marriage lawfully had, granted, made or existing before or at the time of such repeal or revocation,
(c) any office, appointment, commission, salary, remuneration, allowance, security or duty, or any matter or thing appertaining thereto established or existing at the time of the repeal or revocation, or
(d) any other matter or thing whatsoever had, done, completed, established, existing or pending at the time of the repeal or revocation,
where it is not inconsistent with or repugnant to the provisions so substituted.
8(4)Where an enactment or regulation that confers jurisdiction upon any justice of the peace, magistrate, or other functionary is repealed or revoked, the repeal or revocation does not affect the jurisdiction of any such person to bring to a final conclusion the trial of any action pending before him at the time of the repeal or revocation, or to issue process or to enforce any judgment or order in the same manner as if the enactment or regulation was not repealed or revoked.
R.S., c.114, s.8; 1982, c.33, s.2; 1987, c.6, s.46
References to repealed Act to apply to substituted Act
9When an enactment is repealed or a regulation revoked, and other provisions are substituted by way of amendment, revision or consolidation, any reference in an unrepealed Act, or in any instrument or document, rule, order, regulation, by-law or ordinance made thereunder, to such repealed enactment or revoked regulation, shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the provisions of the substituted enactment, regulation or amendment relating to the same subject matter as such repealed enactment or revoked regulation; but where there is no provision in the substituted enactment or regulation relating to the same subject matter, the repealed enactment or revoked regulation shall stand good, and be read and construed as unrepealed or unrevoked in so far, but in so far only, as is necessary to support, maintain, or give effect to, such unrepealed Act, or such instrument, document, rule, order, regulation, by-law or ordinance made thereunder.
R.S., c.114, s.9; 1982, c.33, s.3
Date of commencement of repealing Act
10When part of an Act is repealed, and any provision substituted therefor, the substituted provision, unless the contrary is expressly declared, takes effect from the date of the commencement of the repealing Act, and the expression “the commencement of this Act” when used in the provision so substituted, means the commencement of the repealing Act.
R.S., c.114, s.10
Effect of repeal on state of law
11(1)The repeal of an Act or regulation in whole or in part shall not be deemed to be or to involve a declaration that such Act or regulation or part thereof was previously in force.
11(2)The amendment of an Act or regulation shall not be deemed to be or to involve a declaration that the law under the Act or regulation was different from the law as it is under the Act or regulation as amended.
11(3)The repeal or amendment of an Act or regulation in whole or in part shall not be deemed to be or to involve any declaration as to the previous state of the law.
11(4)A re-enactment, revision, consolidation or amendment of an Act or regulation shall not be deemed to be or to involve an adoption of the construction that has by judicial decision or otherwise been placed upon the language used in the Act or regulation or upon similar language.
R.S., c.114, s.11, 12, 13, 14; 1973, c.74, s.45
Enactment to speak in present tense
12An Act or regulation shall be considered as always speaking, and whenever a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to the Act or regulation and every part thereof according to its true spirit, intent and meaning.
1973, c.74, s.45
Language of corporation name
13Where an Act or regulation establishes a corporation and in each of the English and French versions of the Act or regulation the name of the corporation is in the form only of the language of that version, the name of the corporation shall consist of the form of its name in each of the versions of the Act or regulation.
1973, c.74, s.45; 1982, c.33, s.4; 2011, c.19, s.3
Idem
14Words in an Act or regulation establishing a corporation having a name consisting of an English and a French form or a combined English and French form shall be construed to 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 two seals, one showing the English and the other showing the French form of its name.
1973, c.74, s.45; 1982, c.33, s.4; 2011, c.19, s.4
Preamble of Act
15The preamble of an Act or regulation is a part thereof, and intended to assist in explaining the purport and object of the Act or regulation.
R.S., c.114, s.15; 1982, c.33, s.4
Marginal notes, chapter outlines and headings
16The marginal notes, the chapter outlines, the tables of contents, the headings, and the references to former enactments or regulations that appear at the end of sections form no part of an Act or regulation but are inserted for convenience of reference only.
R.S., c.114, s.16; 1982, c.33, s.5; 1992, c.13, s.1; 2005, c.Q-3.5, s.18; 2011, c.20, s.10
Acts deemed remedial
17Every Act and regulation and every provision thereof shall be deemed remedial, and shall receive such fair, large and liberal construction and interpretation as best ensures the attainment of the object of the Act, regulation or provision.
R.S., c.114, s.17
Interpretation of instruments under Act
18Where an Act or regulation confers power to make regulations or to grant, make or issue any Order in Council, order, writ, warrant, scheme or letters patent, expressions used in the exercise of the power shall, unless the contrary intention appears, have the same respective meanings as in the Act or regulation conferring the power.
R.S., c.114, s.18; 1982, c.33, s.6
Proclamations
19Where the Lieutenant-Governor is authorized to do an act by proclamation, proclamation means a proclamation issued pursuant to an order of the Lieutenant-Governor in Council but it is not necessary to mention in the proclamation that it is issued under the order.
R.S., c.114, s.19
Status of public officers
20Every public officer 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 his commission or in the Act under or in pursuance of which he is appointed.
R.S., c.114, s.20
Authority to appoint public officers, exercise of power of public officers
21(1)Words authorizing the appointment of a public officer include the power
(a) of removing or suspending him,
(b) of re-appointing or reinstating him,
(c) of appointing another in his stead or to act in his stead, and
(d) of fixing his remuneration and varying or terminating it,
in the discretion of the authority in whom the power of appointment is vested.
21(2)Where a power is conferred or a duty imposed on a person requiring him to do an act or thing, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires, and when the power is so conferred or the duty imposed upon 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 the powers and duties of the office.
R.S., c.114, s.21
Interpretation of Act or regulation
22In an Act or regulation
(a) where any act or thing is directed to be done by or before a public officer, it shall be done by or before one whose jurisdiction or power extends to the place where the thing is to be done;
(b) where power is given to the Lieutenant-Governor in Council or a public officer to do or enforce the doing of an act or thing, all such powers are also given as are necessary to enable him to do or enforce the doing of the act or thing;
(c) where the doing of an act or thing that is expressly authorized is dependent upon the doing of any other act or thing 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;
(d) where an act or thing is required to be done by more than two persons, a majority may do it;
(e) 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;
(e.1) where a document, notice, paper or other thing may be delivered or sent by registered mail, such document, notice, paper or other thing may be delivered or sent by certified mail or by prepaid courier;
(f) where a form is prescribed, deviations therefrom not affecting the substance nor calculated to mislead, shall not invalidate the form used;
(g) a word importing a masculine gender includes the feminine gender and a corporation to which the context may extend, and a word importing a feminine gender includes the masculine gender and a corporation to which the context may extend;
(h) a word in the singular includes the plural, and a word in the plural includes the singular;
(i) where a word is defined, other parts of speech and tenses of the same word shall have corresponding meanings;
(j) where the time limited for the doing of anything under its provisions, expires or falls upon a holiday, the time so limited shall extend to, and the act or thing may be done on, the day first following that is not a holiday;
(k) where a period of time dating from a specified day, act, or event is prescribed or allowed for any purpose, the time shall be reckoned exclusively of such day or of the day of such act or event.
R.S., c.114, s.22; 1978, c.31, s.1; 1995, c.38, s.1; 2011, c.19, s.5
Service by mail
23Where an enactment or regulation authorizes or requires a document to be served or delivered by post, then, unless a contrary intention appears, service or delivery is deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
R.S., c.114, s.23; 1982, c.33, s.7
Non-judicial powers of judges
24Whenever the office of Chief Justice of New Brunswick is vacant any non-judicial powers or functions vested, given or conferred by statute, or by any other manner, in or upon the Chief Justice of New Brunswick may be exercised by the senior puisne judge of the Court of Appeal; and whenever the office of Chief Justice of The Court of King’s Bench of New Brunswick is vacant any non-judicial powers or functions vested, given or conferred by statute, or by any other manner, in or upon the Chief Justice of The Court of King’s Bench of New Brunswick may be exercised by the senior puisne judge of The Court of King’s Bench of New Brunswick.
R.S., c.114, s.24; 1973, c.74, s.45; 1979, c.41, s.69; 2023, c.17, s.123
Bonds
25Bonds, when required to be given by a public officer, shall be taken in the name of The King.
R.S., c.114, s.25; 2023, c.17, s.123
Alteration or revocation of regulations
26By-laws, rules, orders and regulations, when authorized to be made, may be altered or revoked, and others made whenever necessary, but none shall be enforced if repugnant to law.
R.S., c.114, s.26
Alteration or revocation of proclamation
26.1(1)Subject to subsection (2), a proclamation issued under an order of the Lieutenant-Governor in Council may be altered or revoked.
26.1(2)If an Act or any provision of an Act has come into force by proclamation, the proclamation shall not be altered or revoked so as to affect the date of the commencement of the Act or the provision of the Act.
1989, c.18, s.1
Appointment of acting official
27Where an officer appointed by the Lieutenant-Governor in Council, and upon whom a statutory duty is imposed, is absent through illness or other cause or where there is a vacancy in the office, the Lieutenant-Governor in Council may appoint an acting official to perform the said duty.
R.S., c.114, s.27
Oaths
28Where an oath, affidavit, affirmation or declaration is directed to be made before any person or officer, that person or officer has full power and authority to administer the same, and to certify to its having been made.
R.S., c.114, s.28
Persons empowered to administer oaths
29A judge of The Court of King’s Bench of New Brunswick or a commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick may administer any oath, or take any affidavit to be used in any action, matter or proceeding in any court in the Province, or authorized to be administered or taken by any law in force in the Province.
R.S., c.114, s.29; 1979, c.41, s.69; 2023, c.17, s.123
Repealed
30Repealed: 1984, c.27, s.11
R.S., c.114, s.30; 1979, c.41, s.69; 1982, c.33, s.8; 1984, c.27, s.11
Oath of witness
31Where a court, commissioner or person is authorized to take evidence under oath, such oath may be administered and certified to by the judge of the court, commissioner or person, or if there are two or more of such commissioners or persons then by any one of them.
R.S., c.114, s.31
Effect of Acts on Crown
32No Act or regulation impairs or adversely affects the rights of the Crown unless it is expressly stated therein that the Crown is bound thereby.
R.S., c.114, s.32; 1982, c.33, s.9
Rules of construction
33Nothing in this Act excludes the application to an Act or regulation of any rule of construction applicable thereto, and not inconsistent with the provisions of this Act.
R.S., c.114, s.33; 1982, c.33, s.10
References
34(1)A reference in an Act or regulation by number or letter to two or more parts, divisions, sections, subsections, paragraphs, subparagraphs, clauses, subclauses, schedules, appendices or forms shall be read as including the number or letter first mentioned and the number or letter last mentioned.
34(2)A reference in an Act or regulation to a part, division, section, schedule, appendix or form shall be read as a reference to a part, division, section, schedule, appendix or form of the Act or regulation in which the reference occurs.
34(3)A reference in an Act or regulation to a subsection, paragraph, subparagraph, clause or subclause shall be read as a reference to a subsection, paragraph, subparagraph, clause or subclause of the section, subsection, paragraph, subparagraph or clause, as the case may be, in which the reference occurs.
34(4)A reference in an Act or regulation to regulations shall be read as a reference to regulations made under the Act or regulation in which the reference occurs.
R.S., c.114, s.34; 1958, c.40, s.3; 1973, c.74, s.45; 1982, c.33, s.11
Numbering of Acts, Sections and Forms
35The numbering of an Act or regulation published by or by authority of the King’s Printer shall be deemed as much a part thereof as if enacted or made; and capital letters and numbers inserted in the sections shall be taken as referring to forms in the schedules having the like letters or numbers at the head thereof and shall, with the forms, letters, numbers and matters connected therewith, explain the meaning and form a part of such sections.
R.S., c.114, s.35; 1982, c.33, s.12; 2005, c.Q-3.5, s.18; 2023, c.17, s.123
Effect of regulations
36Every regulation made or to be made by the Lieutenant-Governor in Council under any Act in so far as it is not inconsistent with the Act under which it is made, has the same force and effect as if embodied in an Act of the Legislature.
R.S., c.114, s.36
References to Sovereign
37In every enactment and regulation
(a) wherever the words “Queen” or “Her Majesty”, or any derivative of the said words forming part of the name or title of any court or division thereof, or of any office, officer, or other functionary, appear, the said words shall, when the reigning sovereign is a King, be read and construed as the corresponding form of the words “King” and “His Majesty” respectively;
(b) wherever the words “King” or “His Majesty”, or any derivative of the said words forming part of the name or title of any court or division thereof, or of any office, officer, or other functionary, appear, the said words shall, when the reigning sovereign is a Queen, be read and construed as the corresponding form of the words “Queen” and “Her Majesty” respectively.
R.S., c.114, s.37
CERTAIN WORDS AND PHRASES -
MEANING AND EFFECT OF
Definitions
38In every enactment and regulation,
“Act” includes “Chapter”;(loi)
“Assembly” means the Legislative Assembly;(Assemblée)
“Assizes” includes Courts of Oyer and Terminer and general Gaol Delivery;(assises)
“Authorized Trustee Investment” Repealed: 2015, c.22, s.4
“Bank” or “Chartered Bank” means a bank to which the Bank Act, as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, applies, and includes a branch, agency, and office of a bank;(banque) ou (banque à charte)
“British subject” includes Canadian citizen;(sujet britannique)
“Circuit Court” Repealed: 1979, c.41, s.69
“commencement of this Act” or “passing of this Act” means the time when the Act comes into force;(entrée en vigueur de la présente loi) ou (adoption de la présente loi)
“conveyance” means any instrument by which a freehold or leasehold estate, or other interest in real estate, may be transferred or affected;(acte de transfert)
“county” includes city and county; and whenever any county or parish is bounded by a sea, bay, gulf or river, its side lines shall extend into such sea, bay, gulf or river to the boundary of the Province or of the adjoining parish or county;(comté)
“Court of Appeal” means The Court of Appeal of New Brunswick;(Cour d’appel)
“estate” or “property” means real and personal estate; and “real estate,” “land” or “lands” includes lands, houses, tenements and hereditaments, all rights thereto and incident therein;(biens)
“executor” includes administrator;(exécuteur testamentaire)
“folio” means one hundred words;(folio)
“goods” includes chattels and every description of personal property;(objets ou marchandises)
“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 King, by whatever title he is designated;(Gouverneur général)
“Governor-General in Council” means the Governor-General of Canada, acting by and with the advice and consent of, or in conjunction with, The King’s Privy Council for Canada;(gouverneur général en Conseil)
“grantor” includes every person from whom, and “grantee” every person to whom, any freehold estate or interest passes by deed;(cédant) et (cessionnaire)
“herein” and “hereof” used in any section shall relate to the whole enactment and not only to the section;(aux présentes) et (des présentes)
“Her Majesty” , “His Majesty” , “the Queen” , “the King” or “the Crown” means the Sovereign of the United Kingdom, Canada and His other Realms and Territories, and Head of the Commonwealth;(Sa Majesté), (la Reine), (le Roi), ou (la Couronne)
“highway” or “road” means any public highway, road or bridge and, unless the context indicates otherwise, includes any public highway, road or bridge in respect of which a toll, fee or other charge is imposed;(route) ou (chemin)
“holiday” includes Sunday, New Year’s Day, Family Day as defined in the Employment Standards Act, Good Friday, Easter Monday, Canada Day, Christmas Day, the birthday or the day appointed for the celebration of the birth of the reigning Sovereign, Victoria Day, New Brunswick Day, Labour Day, and any day appointed by any Statute in force in the Province or by Proclamation of the Governor-General or of the Lieutenant-Governor as a general holiday within the Province, and whenever a holiday other than Sunday falls on a Sunday, the expression “holiday” includes the following day;(jour férié)
“issue” means the lineal descendants of the ancestor;(descendance)
“justice” or “magistrate” means a justice of the peace;(juge de paix) ou (magistrat)
“Legislative Assembly” means the Legislative Assembly of New Brunswick;(Assemblée législative)
“Legislature” means the Lieutenant-Governor acting by and with the advice and consent of the Legislative Assembly;(Législature)
“Lieutenant-Governor” means the Lieutenant-Governor of the Province or the chief executive officer or administrator carrying on the Government of the Province on behalf and in the name of The King, by whatever title he is designated;(Lieutenant-gouverneur)
“Lieutenant-Governor in Council” means the Lieutenant-Governor acting by and with the advice of the Executive Council of the province;(lieutenant-gouverneur en conseil)
“medical practitioner” means a person duly registered under the laws of the Province as authorized to practise medicine in the Province, and includes a medical officer of His Majesty’s armed forces serving in the Province;(médecin)
“mentally incompetent person” means a person(incapable mental)
(a) in whom there is such a condition of arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, or
(b) who is suffering from such a disorder of the mind,
that he requires care, supervision and control for his protection or welfare or for the protection of others or for the protection of his property;
“month” means calendar month;(mois)
“now” and “next” shall be construed as having reference to the time when the Act was presented for the assent of the Lieutenant-Governor;(maintenant) ou (prochain)
“oath” or “affidavit” , in the case of a person for the time being allowed or required by law to affirm or declare instead of swearing, includes affirmation and declaration and the word “swear” in the like case includes “affirm” and “declare;” and “sworn” includes “affirmed” and “declared”;(serment) ou (affidavit)
“parish” includes any local government that is within the limits of a parish;(paroisse)
“person” or “party” includes a corporation, partnership or society and the heirs, executors, administrators or other legal representatives of a person;(personne) ou (partie)
“Personal Property Registry” means the Personal Property Registry established under subsection 42(1) of the Personal Property Security Act;(Réseau d’enregistrement des biens personnels)
“Province” means the Province of New Brunswick;(la province)
“public officer” includes any person in the public service of the province who under an enactment or regulation is authorized to do or enforce the doing of any act or thing or to exercise any power or upon whom any duty is imposed;(fonctionnaire public)
“representatives” may mean executors and administrators;(représentants)
“river” includes creek, stream or brook;(rivière ou fleuve)
“security” means sufficient security;(garantie)
“shall” and “may” Repealed: 2012, c.9, s.1
“ship” or “vessel” means any kind of vessel, or boat, propelled by sails, steam, gasoline or otherwise;(navire) ou (bâtiment)
“surety” means a sufficient surety;(caution)
“town” means incorporated town;(ville)
“two justices” means two or more justices of the peace assembled and acting together;(deux juges de paix)
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland; and “United States” means the United States of America; and generally the name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party, or thing means such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name may not be the formal and extended designation thereof;(Royaume-Uni) et (États-Unis)
“will” includes codicil;(testament)
“writing” or “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;(écrit)
“year” means twelve consecutive months; and “calendar year” means the period from the first day of January to the last day of December then following, inclusive.(année) et (année civile)
R.S., c.114, s.38; 1956, c.41, s.1; 1966, c.67, s.1; 1975, c.31, s.1; 1979, c.41, s.69; 1980, c.C-2.1, s.155; 1983, c.10, s.3; 1985, c.4, s.33; 1987, c.6, s.46; 1993, c.36, s.6; 1995, c.N-5.11, s.42; 2011, c.19, s.6; 2012, c.9, s.1; 2015, c.22, s.4; 2017, c.20, s.84; 2017, c.38, s.3; 2023, c.17, s.123
Use of “corporation” and “personne morale”
38.1Unless the context requires otherwise, when construing the French version of an enactment or a regulation,
(a) the words “corporation”, “corps constitué”, “personne morale” and similar words or expressions shall be read and construed as having the same meaning,
(b) the words “incorporé”, “personnalisé” and similar words or expressions shall be read and construed as having the same meaning, and
(c) other parts of speech and grammatical forms of the words and expressions referred to in paragraphs (a) and (b) shall be read and construed as having corresponding meanings.
2011, c.19, s.7
Citation
39(1)In an Act, regulation or document an Act may be cited by reference to its chapter number in the Revised Statutes, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted, or by reference to its long title or short title with or without reference to its chapter number.
39(2)A citation of or reference to an enactment or regulation of the Province, of another province of Canada or of Canada shall be deemed to be a citation of or reference to the enactment or regulation as amended from time to time, whether before or after the commencement of the enactment or regulation in which the citation or reference occurs.
39(3)Where an enactment or regulation of any other province of Canada or of Canada is repealed or revoked in whole or in part, and other provisions are substituted by way of amendment, revision or consolidation, a reference in an enactment or regulation of the Province to the repealed or revoked enactment or regulation shall, as regards a subsequent transaction, matter or thing, be construed to be a reference to the provisions of the substituted enactment or regulation relating to the same subject matter as the repealed or revoked enactment or regulation.
1973, c.74, s.45; 1982, c.33, s.13
N.B. This Act is consolidated to June 16, 2023.