THE CONSOLIDATED ORDINANCES OF THE NORTH-WEST TERRITORIES TITLE I. PRELIMINARY. CHAPTER 1. An Ordinance respecting the Form and Interpretation of Ordinances. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Interpretation Or- Short title dinance." R.O. c. 1, s. 1. THE CONSOLIDATED ORDINANCES-CITATION. Citation 2. This Ordinance and following series of Ordinances shall What constitute and may be cited for all purposes as "The Consoli-constitute dated Ordinances of the Territories 1898," and any chapter of Ordinances the said consolidated Ordinances may be cited and referred to for all purposes whatever either by its title as an Ordinance or by its short title or by using the expression " The Ordinance (or The Consolidated Ordinance) respecting (adding the remainder of the title given at the beginning of the particular chapter) or by using the expression "The Consolidated Ordinances" or "The Consolidated Ordinances of the Territor ies" together with a reference to the number of the particular chapter in the copies printed by authority. R.O. c. 1, s. 2; No. 38 of 1897, s. 2 (1). No. 37 of 1898 s. 5. Application of APPLICATION. 3. This Ordinance and every provision thereof shall extend this Ordinance and apply to every Ordinance of the Territories now or hereafter passed except in so far as the provision is inconsistent with the intent and object of such Ordinance or the interpretation which such provision would give to any word, expression or clause is inconsistent with the context and except in so far as any provision hereof is in any such Ordinance declared not applicable thereto; and the omission in any Ordinance of a declaration that The Interpretation Ordinance applies thereto shall not be construed to prevent it so applying although such express declaration is inserted in some other Ordinance or Ordinances of the same session. R.O. c. 1, s. 3; No. 38 of 1897, s. 2 (2). Form of enacting clause Preamble and operative part FORM OF ENACTING. 4. The following words may be inserted in the preambles of Ordinances and shall indicate the authority by virtue of which they are passed: "The Lieutenant Governor by and with "the advice and consent of the Legislative Assembly of the "Territories enacts as follows." R.O. c. 1, s. 4. 5. After the insertion of the words aforesaid, which shall of Ordinances follow the setting forth (if any) of the considerations or reasons upon which the law is grounded and which shall with these considerations or reasons constitute the entire preamble, the various clauses of the Ordinance shall follow in a concise and enunciative form. R.O. c. 1, s. 5. Indorsement of assent TIME OF COMMENCEMENT OF ORDINANCES. 6. The clerk of the Legislative Assembly shall indorse on every Ordinance of the Territories immediately after the title of such Ordinance, the day, month and year when the same was by the Lieutenant Governor assented to or reserved by him for the assent of the Governor General; and in the latter case such clerk shall also indorse thereon the day, month and year when the Lieutenant Governor has signified (either by speech or message to the Legislative Assembly or by proclamation) that the same was laid before the Governor General and that the Governor General was pleased to assent to the same; and such indorsement shall be taken to be a part of such Ordinance; and the date of such assent or signification (as the case may be) shall be the date of the commencement of the Ordinance if no later commencement is therein provided. R.O. c. 1, s. 6. Amendment AMENDMENT OR REPEAL. 7. Any Ordinance of the Territories may be amended, altered of law in same or repealed by any Ordinance passed in the same session. R.O. session c. 1, s. 7. INTERPRETATION. 8. In every Ordinance unless the context otherwise re- Interpretation quires : speaking 1. The law shall be considered as always speaking; and Law always whenever any matter or thing is expressed in the present tense the same shall be applied to the circumstances as they arise so that effect may be given to each Ordinance and every part thereof according to its spirit, true intent and meaning; 2. The expression "shall" shall be construed as imperative, "Shall" and the expression "may" as permissive; "May" 3. Whenever the expression "herein" is used in any section "Herein" of an Ordinance it shall be understood to relate to the whole Ordinance and not to that section only; 4. The expression "Her Majesty," "the Queen," or "the The Sovereign Crown," means Her Majesty, her Heirs and Successors. Sovereigns of the United Kingdom of Great Britain and Ireland; Governor' 5. The expression "Lieutenant Governor" means the Lieu- "Lieutenant tenant Governor for the time being or other chief executive officer or administrator for the time being carrying on the government of the Territories by whatever title he is designated; Governor in 6. The expression "Lieutenant Governor in Council" means "Lieutenant the Lieutenant Governor or person administering the govern- Council" ment of the Territories for the time being acting by and with the advice of or by and with the advice and consent of or in conjunction with the Executive Council of the said Territories; 7. The expression "Government," "Government of the Terri- "Government" tories" or "North-West Government" used in any Ordinance whenever enacted means Her Majesty the Queen acting for the Territories; 8. The expression "the United Kingdom" means the United "United Kingdom of Great Britain and Ireland; Kingdom" 9. The expression "the United States" means the United "United States of America; States" 10. The expression "Territories" means the North-West "Territories" Territories as defined by The North-West Territories Act excepting that portion of the said Territories declared by The Yukon Territory Act to constitute the Yukon Territory; country, place, 11. The name commonly applied to any country, place, body, Name of corporation, society, officer, functionary, person, party or thing officer, etc. means such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof; 12. The expression "proclamation" means a proclamation "Procla under the seal of the Territories; mation" 13. When the Lieutenant Governor is authorised to do any Acts by act by proclamation such proclamation is to be understood to proclamation be a proclamation issued under an Order of the Lieutenant Number and gender "Person" "Writing" "Now" "Next" Month" "Year" "Holiday" "Gazette" Time expiring on holiday Standard time "Felony Governor in Council but it shall not be necessary that be it mentioned in the proclamation that it is issued under such Order: 14. Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one and females as well as males and the converse; 15. The expression "person" includes any body corporate and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom the context can apply according to law; 16. The expression "writing," "written" or any term of like import includes words printed, painted, engraved, lithographed or otherwise traced or copied; 17. The expression "now" or next" shall be construed as having reference to the time when the Ordinance was assented to: 18. The expression "month" means a calendar month; and the expression "year" means a calendar year; and the number of any year (unless the contrary is indicated) means "the year of our Lord" without the mention of "the year of our Lord;" the 19. The expression "holiday" includes Sunday, New Year's day, Ash Wednesday, Good Friday, Easter Monday, second Friday in May to be known as Arbour day, Christmas day, the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign, Dominion day, Labour day and such day as may in each year be proclaimed a public holiday for the planting of forest and other trees and any other day appointed by proclamation for a general fast or thanksgiving; 20. The term "gazette" or "official gazette official gazette" whenever enacted means The North-West Territories Gazette published by the Queen's printer under the authority of the Lieutenant Governor in Council; 21. If the time limited by any Ordinance for any proceeding or the doing of anything under its provisions expires or falls upon a holiday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday; 22. The time used upon the Canadian Pacific railway and known as "mountain standard time" (being the local time at the one hundred and fifth meridian of longitude) is hereby declared to be the standard time of the Territories; and when any Ordinance refers to any particular time of day such standard time shall be considered to be meant; 23. The expression "felony" shall mean any crime which before the passing of The Criminal Code 1892 would have been a felony under the law of Canada: and "misdemeanour" shall mean any crime or offence which before the passing of the said Code would have been a misdemeanour under the said law; 24. The expression "oath " includes a solemn affirmation or "Oath" declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declaration may be made instead of an oath; and in like cases the expression "sworn" includes the expression "affirmed" or "declared:" "Sworn" take oaths 25. Whenever (by any Ordinance or by any Order, regulation Officers to or commission made or issued by the Lieutenant Governor or Lieutenant Governor in Council under any law authorising him to require the taking of evidence under oath) an oath is authorised or directed to be made, taken or administered, such oath may be administered and a certificate of its having been made, taken or administered may be given by any one named in any such Ordinance, Order, regulation or commission, or by a judge of any court, a notary public, a justice of the peace or a commissioner for taking affidavits having authority or jurisdiction within the place where the oath is administered; **Security' 26. The expression "sureties" means sufficient sureties and "Sureties" the expression "security" means sufficient security; and whenever these words are used one person shall be sufficient therefor unless otherwise expressly required; 27. The expression "magistrate" means justice of the peace; Magistrate', 28. The expression "justice" means a justice of the justice of the peace "Justice" and includes two or more justices if two or more justices act or have jurisdiction and also any person having the power or authority of two or more justices of the peace; jurisdiction 29. If anything is directed to be done by or before a magis- Official trate or a justice of the peace or other public functionary or officer, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to be done; 30. Whenever power is given to any person, officer or func- Implied tionary to do or to enforce the doing of any act or thing, all powers such powers shall be understood to be also given as are necessary to enable such person, officer or functionary to do or enforce the doing of such act or thing; 31. If in any Ordinance any person is directed to be im- Imprisonment prisoned or committed to prison, such imprisonment or committal shall (if no other place is mentioned or provided by law) be in or to the common gaol of the locality in which the order for such imprisonment is made or if there is no common gaol there then in or to that common gaol which is nearest to such locality; and the keeper of any such common gaol shall receive such person and safely keep and detain him in such common gaol under his custody until discharged in due course of law or bailed in cases in which bail may by law be taken ; 32. If any sum of the public money be by any Ordinance Public appropriated for any purpose or directed to be paid by the expenditure Lieutenant Governor, the Lieutenant Governor in Council or the North-West Government, then (if no other provision be made respecting it) such sum shall be payable under warrant of the Lieutenant Governor directed to the Treasurer of the Territories out of the general revenue fund of the Territories; and |