Section 19 – Evidence of byelaws
58.Section 19 recasts section 238 of the 1972 Act. It makes provision for evidencing the existence of byelaws made by a legislating authority for byelaws made that are not subject to the confirmation procedure. A certified copy of a byelaw is deemed to be a printed copy of the byelaw that was made which is endorsed together with a certificate signed by the proper officer of a legislating authority.
59.The certified copy byelaw must state that the byelaw was made by the legislating authority, that it is a true copy of the made byelaw, the date upon which the byelaw was confirmed by the legislating authority named in the certificate, or not, as the case may be, and if sent to the confirming authority was not disallowed. In addition, the certified copy must state the date, if any, fixed by the confirming authority for the coming into effect of the byelaw.
60.This section provides that the production of a certified copy byelaw is deemed sufficient evidence of the facts stated in the certificate, unless otherwise proved.
61.A legislating authority would not be required to state within the certified copy the requirements detailed at subsection 19(2)(c) and (d) if the byelaw was not subject to confirmation after it was made.