Rules of Construction (continued)
Appointment, Retirement and Powers of Officers
Marginal note:Public officers hold office during pleasure
23 (1) Every public officer appointed by or under the authority of an enactment or otherwise is deemed to have been appointed to hold office during pleasure only, unless it is otherwise expressed in the enactment, commission or instrument of appointment.
Marginal note:Effective day of appointments
(2) Where an appointment is made by instrument under the Great Seal, the instrument may purport to have been issued on or after the day its issue was authorized, and the day on which it so purports to have been issued is deemed to be the day on which the appointment takes effect.
Marginal note:Appointment or engagement otherwise than under Great Seal
(3) Where there is authority in an enactment to appoint a person to a position or to engage the services of a person, otherwise than by instrument under the Great Seal, the instrument of appointment or engagement may be expressed to be effective on or after the day on which that person commenced the performance of the duties of the position or commenced the performance of the services, and the day on which it is so expressed to be effective, unless that day is more than sixty days before the day on which the instrument is issued, is deemed to be the day on which the appointment or engagement takes effect.
(4) Where a person is appointed to an office, the appointing authority may fix, vary or terminate that person’s remuneration.
Marginal note:Commencement of appointments or retirements
(5) Where a person is appointed to an office effective on a specified day, or where the appointment of a person is terminated effective on a specified day, the appointment or termination is deemed to have been effected immediately on the expiration of the previous day.
- R.S., c. I-23, s. 22
Marginal note:Implied powers respecting public officers
Marginal note:Power to act for ministers
(2) Words directing or empowering a minister of the Crown to do an act or thing, regardless of whether the act or thing is administrative, legislative or judicial, or otherwise applying to that minister as the holder of the office, include
(a) a minister acting for that minister or, if the office is vacant, a minister designated to act in the office by or under the authority of an order in council;
(b) the successors of that minister in the office;
(c) his or their deputy; and
(d) notwithstanding paragraph (c), a person appointed to serve, in the department or ministry of state over which the minister presides, in a capacity appropriate to the doing of the act or thing, or to the words so applying.
Marginal note:Restriction as to public servants
Marginal note:Successors to and deputy of public officer
(4) Words directing or empowering any public officer, other than a minister of the Crown, to do any act or thing, or otherwise applying to the public officer by his name of office, include his successors in the office and his or their deputy.
Marginal note:Powers of holder of public office
(5) Where a power is conferred or a duty imposed on the holder of an office, 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., 1985, c. I-21, s. 24
- 1992, c. 1, s. 89
Marginal note:Documentary evidence
25 (1) Where an enactment provides that a document is evidence of a fact without anything in the context to indicate that the document is conclusive evidence, then, in any judicial proceedings, the document is admissible in evidence and the fact is deemed to be established in the absence of any evidence to the contrary.
Marginal note:Queen’s Printer
(2) Every copy of an enactment having printed thereon what purports to be the name or title of the Queen’s Printer and Controller of Stationery or the Queen’s Printer is deemed to be a copy purporting to be printed by the Queen’s Printer for Canada.
- R.S., c. I-23, s. 24
Computation of Time
Marginal note:Time limits and holidays
26 Where the time limited for the doing of a thing expires or falls on a holiday, the thing may be done on the day next following that is not a holiday.
- R.S., 1985, c. I-21, s. 26
- 1999, c. 31, s. 147(F)
Marginal note:Clear days
Marginal note:Not clear days
(2) Where there is a reference to a number of days, not expressed to be clear days, between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included.
Marginal note:Beginning and ending of prescribed periods
(3) Where a time is expressed to begin or end at, on or with a specified day, or to continue to or until a specified day, the time includes that day.
Marginal note:After specified day
(4) Where a time is expressed to begin after or to be from a specified day, the time does not include that day.
Marginal note:Within a time
(5) Where anything is to be done within a time after, from, of or before a specified day, the time does not include that day.
- R.S., c. I-23, s. 25
Marginal note:Calculation of a period of months after or before a specified day
28 Where there is a reference to a period of time consisting of a number of months after or before a specified day, the period is calculated by
(a) counting forward or backward from the specified day the number of months, without including the month in which that day falls;
(b) excluding the specified day; and
(c) including in the last month counted under paragraph (a) the day that has the same calendar number as the specified day or, if that month has no day with that number, the last day of that month.
- R.S., c. I-23, s. 25
Marginal note:Time of the day
29 Where there is a reference to time expressed as a specified time of the day, the time is taken to mean standard time.
- R.S., c. I-23, s. 25
Marginal note:Time when specified age attained
30 A person is deemed not to have attained a specified number of years of age until the commencement of the anniversary, of the same number, of the day of that person’s birth.
- R.S., c. I-23, s. 25
Marginal note:Reference to provincial court judge, etc.
31 (1) Where anything is required or authorized to be done by or before a judge, provincial court judge, justice of the peace or any functionary or officer, it shall be done by or before one whose jurisdiction or powers extend to the place where the thing is to be done.
Marginal note:Ancillary powers
(2) Where power is given to a person, officer or functionary to do or enforce the doing of any act or thing, all such powers as are necessary to enable the person, officer or functionary to do or enforce the doing of the act or thing are deemed to be also given.
Marginal note:Powers to be exercised as required
(3) 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.
Marginal note:Power to repeal
(4) Where a power is conferred to make regulations, the power shall be construed as including a power, exercisable in the same manner and subject to the same consent and conditions, if any, to repeal, amend or vary the regulations and make others.
- R.S., 1985, c. I-21, s. 31
- R.S., 1985, c. 27 (1st Supp.), s. 203
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