Constitutionality of statute by court
22(1)The Court has jurisdiction to entertain an action at the instance of either the Attorney General for Canada, or the Attorney General for the Province for a declaration as to the validity of any statute or any provision in any statute of the Legislature, though no further relief is prayed or sought.
22(2)A judgment in the action is appealable as other judgments of the Court.
22(3)In any case in which
(a)
a question arises as to whether
(i)
a statute or a provision of any statute of the Legislature is constitutionally valid or operative, or
(ii)
a statute or a provision of any statute of the Parliament of Canada is constitutionally valid, or
(b)
a question arises as to the interpretation of the
Constitution Acts or as to whether in relation thereto any regulation or by-law made pursuant to a statute of the Legislature or the Parliament of Canada is constitutionally valid or operative,
the Attorney General for Canada and the Attorney General for the Province shall be given notice thereof and either may, if he thinks fit, intervene as a party, produce evidence and argue matters of law as well before the trial judge as before the Court of Appeal, but in no case shall costs be awarded either for or against the Crown, nor shall it be necessary for the Crown to plead any matters other than its position with reference to the statutory provision involved.
R.S., c.120, s.24; 1980, c.28, s.5; 1982, c.3, s.39; 1983, c.43, s.6