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Wednesday, March 27th, 2013 technology  research  practice

A Research Tip

  • Research & Writing

One of my colleagues asked a great question that makes for an excellent tip:

The definitions of the Minor Injury Regulation say in (g)(ii):

any insurer made a third party to the claim by the Court under section 635(14) of the Act

But there is no s.635(14) in the current Insurance Act. There was a s.635(14) before the July 1, 2012 amendments, which was Rights of Creditors. That section is now 579, 579(15) to be exact.

The question was “What am I missing”.

The answer is “Nothing” since the correct section number that should be referenced can be identified.

Regulations are not always updated when an act is revised.  Last July, a major amendment to the Insurance Act for Alberta was brought into force that revamped section numbering.  The context of the regulation making power in the act stayed the same, thus the regulations made under the previous act follow along, even when the section references do not line up.

For Alberta, this theory is dealt with by the Interpretation Act, see sections 36(1)(e):

 (e)    all regulations made under the repealed enactment remain in force and are deemed to have been made under the new enactment, insofar as they are not inconsistent with the new enactment;

At some point there will likely be a Regulations Act Regulation, or an Insurance Act Regulation that amends all of the section number referenced, but those administrative cleanup duties are likely lower on the priority list than substantive regulatatory changes.

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