Preamble: Consolidation Acts

Preamble: Consolidation Acts

It was stated in a case before Supreme Court of Canada that,

’The Preamble to the Code provides insight into the purposes of the statute as a whole. The primary object of the legislation is the promotion of an “effective relationship between employees and employers” through the “fair and equitable resolution of matters arising in respect of terms and conditions of employment”. When the Code was introduced in the Alberta legislature, these two tenets of the legislation were described as “philosophical statement[s]” that “must be kept in mind when reading every section of the statute.[1]”

As the preamble to the 1925 Act shows, it was an Act "to consolidate " the enactments relating to conveyancing and the law of property in England " and Wales ". In these circumstances the presumption is that such an Act is not intended to alter the law, but this prima facie view must yield to plain words to the contrary.[2]If there is any indication obtained about the scope of the preamble it is clearly stated that “10.(1) of INTERPRETATION ACT (NORTHERN IRELAND) 1954 - SECT 10 The preamble to an enactment shall be construed as a part thereof intended to assist in explaining the purport and object of the enactment.”

---

[1] (Alberta Hansard, vol. II, 21st Leg., 3rd Sess., June 7, 1988, at p. 1553 as quoed in Alberta Union of Provincial Employees v. Lethbridge Community College, [2004] 1 S.C.R. 727, 2004 SCC 28[Supreme Court Of Canada]

[2] Gray v. Inland Revenue Commissioners [1960] A.C.1. VISCOUNT SIMONDS page 13

Back to Preamble general Discussion