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8(1)Where an enactment is repealed in whole or in part, or a regulation revoked in whole or in part, the repeal or revocation does not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affect the previous operation of any enactment or regulation so repealed or revoked or anything duly done or suffered thereunder,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right, privilege, obligation or liability acquired, accrued, accruing or incurred under the enactment or regulation so repealed or revoked,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affect any offence committed against, or any violation of the provisions of the enactment or regulation so repealed or revoked, or any penalty, forfeiture or punishment incurred in respect thereof, nor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continued or enforced and the penalty, forfeiture or punishment imposed as if the enactment or regulation had not been repealed or revoked.
8(2)Where an enactment is repealed in whole or in part or a regulation revoked in whole or in part and other provisions are substituted therefor,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every person acting under the enactment or regulation so repealed or revoked shall continue to act as if appointed under the provisions so substituted until another is appointed in his stead,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every bond and security given by any person appointed under the enactment or regulation so repealed or revoked shall remain in force, and all offices, books, papers and things made or used under the repealed or revoked enactment or regulation shall continue as before the repeal so far as consistent with the substituted provisions,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every proceeding taken under the enactment or regulation so repealed or revoked may be taken up and continued under and in conformity with the provisions so substituted, so far as consistently may be,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and forfeitures incurred and in the enforcement of rights, existing or accruing under the enactment or regulation so repealed or revoked, or in any proceedings in relation to matters that have happened before the repeal or revocation, and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