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Julielai Posted 21 years ago
Legal Studies

Legislative lingo

"Notwithstanding any other provision in this Act, the department of ABC shall be responsible for the payment of all xyz out of appropriated funds."

One lawyer said the "notwithstanding" part means the department can safely ignore all other provisions in the act. Another lawyer said just the opposite. Who is right?

(I know...I know...legislative intent is everything, right?)

Emotion: smile
  

Top answer

' The department is responsible for payment without regard to other parts of the Act. They cannot ignore the provisions, but they cannot use the other provisions to avoid the responsibility of paying .

— Mister Micawber

  • ' The department is responsible for payment without regard to other parts of the Act.
  • They cannot ignore the provisions, but they cannot use the other provisions to avoid the responsibility of paying .
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4 Answers
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From Duhaime's Canadian Law Dictionary:

'Notwithstanding: In spite of, even if, without regard to or impediment by other things.'

The department is responsible for payment without regard to other parts of the Act. They cannot ignore the provisions, but they cannot use the other provisions to avoid the responsibility of paying .
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So, when there is a conflict in language, this clause "overrides" other provisions on the payment issue, correct?
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Logically and grammatically I would say so, Julie. Of course, I haven't passed my bar exam yet.
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