What is a retrospective or retroactive statute?

Nova Scotia, Canada


The following excerpt is from Pratt v. MacLeod, 1981 CanLII 2764 (NS SC):

Elmer A. Driedger in his book, The Construction of Statutes (1974), after considering the above quote from Phillips v. Eyre, said as follows at p. 140 of that volume: What is a retrospective or a retroactive statute? These words are derived from Latin root words meaning "looking" or "operating", and "backwards". A retrospective statute must therefore be one that is operative with respect to a time prior to its enactment. A statute or a provision thereof may be made retrospective in one of two ways: either it is stated that it shall be deemed to have come into force at a time prior to its enactment; or it is expressed to be operative with respect to past transactions as of a past time, as, for example, the Act of Indemnity considered in Phillips v. Eyre. Unless, therefore, a statute alters a right as of a prior time it cannot correctly be called retrospective within the normal meaning of that word.

Other Questions


What is the reasonableness standard for an administrative tribunal's interpretation of a statute by its own statute? (Nova Scotia, Canada)
When an obligation to pay retroactive spousal support arises, does a court have to pay the retroactive amount? (Nova Scotia, Canada)
What is the test for statutory interpretation of the words in the context of a statute? (Nova Scotia, Canada)
What is the test for making a retroactive contribution to child care costs? (Nova Scotia, Canada)
When will the court defer or delay a permanent care decision until the maximum time limit prescribed by statute has expired? (Nova Scotia, Canada)
How have courts interpreted the interpretation of taxation statutes? (Nova Scotia, Canada)
What is the law the court must apply when considering retroactive child support orders? (Nova Scotia, Canada)
What are the factors to consider before making a retroactive award? (Nova Scotia, Canada)
How have courts interpreted the meaning of words in the construction of statutes? (Nova Scotia, Canada)
What is the test for ousting a property owner under the statute of limitations? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.