Does the Attorney General have any authority or authority to “opting in” in the context of Section 64(1) of the Statutory Review Act?
British Columbia, Canada
The following excerpt is from Johnstone v. Wright, 2001 BCSC 838 (CanLII):
Bauman J. referred to other authorities and to extracts from the legislative debates during which the Attorney General referred specifically to the concept of “opting in.” He did not rest his conclusion on the statements of the Minister but took comfort from that discussion. He also found support in the judgment of Sigurdson J. in Atkinson v. Klassen, 2000 BCSC 1831, who referred to the: strong presumption against the retrospective effect of a statutory provision unless “such construction is expressly or by necessary implication required by the language”… (para 64)
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