Purpose of this Bylaw

1   The purpose of this Bylaw is to authorize the:

(a) consolidation of one or more of the bylaws of the City in accordance with section 139 of the Community Charter, and

(b) revision of all or any of the bylaws of the City in accordance with section 140 of the Community Charter.

Interpretation

2   (1) The Interpretation Bylaw, 2019 applies to this Bylaw.

(2) Word and phrases used in this bylaw have the same meaning as in the Officer Designation and Delegation of Authority Bylaw, 2018.

Authorization to consolidate City bylaws

3   The Corporate Officer is authorized to consolidate one or more of the bylaws of the City in accordance with this Bylaw.

Requirements of consolidation

4   In consolidating a bylaw, the Corporate Officer must:

(a) incorporate in it all amendments that have been made to the bylaw; and

(b) omit any provision that was repealed or has expired.

Proof of original bylaw

5   A printed document purporting to be

(a) a copy of a bylaw consolidated under this section, and

(b) printed by authority of the Corporate Officer

is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of adoption of the original and all amending bylaws.

Authorization to revise City bylaws

6   The revision of all or any of the bylaws of the City in accordance with this bylaw is authorized for the following:

(a) omitting and providing for the repeal of a bylaw or a provision of a bylaw that is expired, inoperative, obsolete, spent or otherwise ineffective;

(b) omitting, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality;

(c) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of one or more bylaws;

(d) altering the citation and title of a bylaw and the numbering and arrangement of its provisions;

(e) adding, changing or omitting a note, heading, title, marginal note, diagram, map, plan or example to a bylaw;

(f) omitting the preamble and long title of a bylaw;

(g) omitting forms or schedules contained in a bylaw that can more conveniently be contained in a resolution, and adding to the bylaw authority for forms or schedules to be established by resolution;

(h) correcting clerical, grammatical and typographical errors;

(i) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law; and

(j) unless restricted by the Community Charter, consolidating or revising bylaw provisions respecting any or all matters within the jurisdiction of the City into a general bylaw.

Bylaw required to adopt revision

7   (1) In order to be effective, a revised bylaw must be adopted by bylaw.

(2) Before a bylaw under subsection (1) is given third reading, the Corporate Officer must certify that the proposed revised bylaw has been revised in accordance with this Bylaw.

(3) For greater certainty, the Corporate Officer in providing the certification required under subsection (2) may rely on an opinion of the City Solicitor that the proposed revised bylaw has been revised in accordance with this bylaw .

(4) After a proposed revised bylaw is certified under subsection (2) and before it is adopted it may be amended only if the change made by the amendment is made in accordance with this bylaw.

(5) A bylaw under subsection (1) must specify the date on which the revised bylaw is to come into force.

Effect of revised bylaws

8   (1) When a revised bylaw comes into force, the bylaw provisions that it revises are repealed to the extent that they are incorporated in the revised bylaw.

(2) A reference in an enactment or document to a provision of a bylaw that was repealed under subsection (1) is deemed, in respect of any transaction, matter or thing occurring after the revised bylaw comes into force, to be a reference to the provision of the revised bylaw that has been substituted for the repealed provision.

(3) A revised bylaw does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the bylaw provisions replaced by the revised bylaw.

(4) To the extent that a provision of a revised bylaw has the same effect as the provision of a previous bylaw for which it is substituted, the provision of the revised bylaw operates retrospectively as well as prospectively and is deemed to have come into force on the date on which the previous bylaw provision came into force.

(5) If a provision of a revised bylaw does not have the same effect as the provision of a previous bylaw for which it is substituted:

(a) the provision of the previous bylaw prevails with respect to all transactions, matters and things occurring before the date on which the revised bylaw comes into force, and

(b) the provision of the revised bylaw prevails with respect to all later transactions, matters and things.

Correction of revision errors

9   If an error is made in the revision of a bylaw and the revised bylaw has been adopted under section 8, the error may be corrected by bylaw in accordance with this bylaw.

Repeal

10   Bylaw No. 574-98, "Consolidation Bylaw, 1998”, is repealed.