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Legislative Changes in Saskatchewan

Legislative Changes in Saskatchewan

Effective May 15, 2019, Saskatchewan has two new pieces of legislation.

The Proceedings Against the Crown Act has been repealed and replaced by The Proceedings Against the Crown Act, 2018.  There are no substantial changes to this new Act and provisions surrounding the Government of Saskatchewan’s liability have largely remained the same. 

The Legislation Act has consolidated and replaced three statutes pertaining to the drafting, interpretation, publication and revision of Saskatchewan laws.  The now repealed statutes include The Interpretation Act, 1995, The Regulations Act, 1995, and The Statutes and Regulations Revision Act.

The most substantial changes pertain to the incorporation of The Interpretation Act, 1995 into the new Legislation Act. At section 2-10, the Legislation Act adopts the principle of statutory interpretation that was recognized by the Supreme Court of Canada in Rizzo & Rizzo Shoes Ltd., Re, [1998] 1 SCR 27: The words of an Act and regulations authorized pursuant to an Act are to be read in their entire context, and in their grammatical and ordinary sense, harmoniously with the scheme of the Act, the object of the Act and the intention of the Legislature.  It maintains the principle that every Act and regulation be construed as remedial and be given the “fair, large and liberal interpretation that best ensure the attainment of its objects.”

Language surrounding the computation of time has been revised.  The Interpretation Act, 1995, previously read that when calculating time that would otherwise end on a day for which there was no calendar number in a month, “the time ends on the last day of that month.” Section 2-28(9) of the Legislation Act now states, “if a period would end on a date in a month that has no date numerically corresponding to the first date in the period, the period ends on the first day of the next month.

The term “statutory instrument” has replaced the term “regulation,” adopting its definition from The Interpretation Act, 1995.  “Enactment” is now defined in section 2-29 of the Legislation Act as “an Act or a statutory instrument or a portion of an Act or a statutory instrument.” The Legislation Act differentiates between “domestic enactments” and “foreign enactments”. 

Domestic enactment refers to an enactment of Saskatchewan, Canada, or another Canadian province or territory.  Reference to a domestic enactment is a reference to the enactment as amended or replaced.  If the enactment has been repealed, it is a reference to the enactment as it is read immediately before it was repealed.  A foreign enactment refers to an enactment outside of Canadian jurisdiction and is read on the date in which the reference was enacted.

Provisions surrounding corporations and directors, including the duties of care of officers and directors, and indemnification and insurance for officers and directors, have remained consistent with those provisions previously found in the Interpretation Act, 1995. The Legislation Act now recognizes affirmations in additions to oaths taken pursuant to an enactment or order of the Lieutenant Governor.

Both the Legislation Act and The Proceedings Against the Crown Act, 2018 have been enacted in English and French.