References to repealed bylaws?

Question

Section 67 of the Municipal Government Act states:

References to repealed bylaws

67. A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in respect of any subsequent transaction, matter or thing occurring after the revised bylaws come into force, to be considered to be a reference to the bylaw in the revised bylaws that has been substituted for the repealed bylaw.

Meaning if a bylaw references another, and the bylaw it's referencing is replaced by another, then the reference is to be considered to be referencing the new bylaw.

What happens if a bylaw references another bylaw that has been repealed, but was not replaced by a new bylaw?

Answer 1

One would have to look at the repealed bylaw and the nature of the cross-reference in the referring document, and then evaluate them using common sense to see if this has an effect on the validity of the referring document.

If the bylaw was referenced, for example, to define a word, the repealed bylaw might still be relevant to interpreting the meaning of the referring document.

But, if the bylaw was referenced, for example, to refer to part of the municipality that is no longer part of the municipality due to de-annexation, or to provide a source of authority to adopt the referring document, the repeal of the bylaw without a replacement might cast doubt on the continuing validity of the referring document.