From time to time various persons of every description will enquire of a lawyer when does a law take effect. Very few will enquire of said lawyer what is the Jamaica Gazette. This is unfortunate as the Jamaica Gazette is one of the most important tools for the effective enactment of law. This is important as law passed by Parliament or enunciated by a Minister, as a general rule, cannot act retroactively (that is, it generally will be considered unconstitutional for Parliament to pass laws which will make past acts illegal). Therefore, if you have driven your car while talking on your cell phone sometime last year and this year Parliament passes a law making it illegal to drive while talking on your cell, no crime was committed by you based on your conduct last year. Such a law must take effect in respect of future acts only and should not affect the status of past acts.

We oftentimes read in our newspapers or watch on our televisions (or cellular phones) some pronouncement by our Finance Minister regarding some change in the revenue law. Such announcements, normally met with much chagrin by the populace, are often taken by the man in the street to mean that the law automatically comes into force.

Well, this is not so. Firstly, we need to look at the several categories of statutory law. They are, in order of decreasing hierarchy, as follows:

1. Acts of Parliament – This will be the statutory law that most persons are familiar with. Acts of Parliament cover social, economic and political issues. The only law of higher status than these Acts (save for the religious) is the Constitution of Jamaica. In order for an Act of Parliament to come into effect, the Bill on which it is based must be passed by Parliament and must be given the assent of the Governor-General.

2. Regulations – These are subsidiary legislation which supplement specific Acts of Parliament. Regulations usually establish rules and procedures for the implementation of laws enunciated in Acts of Parliament.

3. Ministerial Orders – Some Acts of Parliament give Cabinet Ministers the power to make subsidiary laws which supplement the relevant Acts of Parliament. They allow for flexibility in governance. Among the most famous Ministerial Orders are those issued under the Provisional Collection of Tax Act by the Minister of Finance.

The relationship between the Jamaica Gazette and the effective date of any law, including Acts of Parliament, Regulations and Orders is spelled out in the Interpretation Act, one of the most important statutes in our country. The Interpretation Act states that, no Act of Parliament or Regulation shall take effect in Jamaica until the assent to the Bill by the Governor-General is published in the Gazette. Unless otherwise provided for in the Bill, the presumption in law is that the Act shall take effect from the date of publication, unless the law speaks to some forward date. As it relates to Ministerial Orders, again they do not come into operation as law until they are published by the officer making the Order in the Gazette.

Publication in the Jamaica Gazette is governed by the Jamaica Gazette Act. Publication within the context of the Jamaica Gazette Act means that the Government Printer must print the assent or the ministerial order in the Gazette.

Law, at least of the statutory kind, only becomes effective when it is printed by the Government Printer in the Jamaica Gazette. So, until ‘gazetted’ all the talk in Parliament remains within the realm of intention and, as any good student of the law can tell you, all the intention in the world without any ‘Act’ remains as tangible (in law) as the air we breathe.

Robert Collie is an Associate at Myers, Fletcher & Gordon and is a member of the firm’s Litigation Department. Robert may be contacted via robert.collie@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.