THE COMPOSITION
OF LEGISLATION
LEGISLATIVE
FORMS AND PRECEDENTS
BY
ELMI­R A. DRIEDGER, Q.C., B.A., LL.B., LL.D.
OI I in? BARS OF SASKATCHEWAN AND ONTARIO
PROFESSOR OI­ LAW, UNIVERSITY OF OTTAWA
ONE­TIME DEPUTY MINISTER OF JUSTICE AND
DEPUTY ATTORNEY GENERAL OF CANADA
SECOND EDITION, REVISED
PUBLISHED BY
THE DEPARTMENT OF JUSTICE
OTTAWA
C HAPTER VI
DEFINITIONS
The principal function of a definition section is to clarify the statute by
assigning statutory meanings to words and expressions found therein. An­
other important function is to shorten and simplify the statute and its pro
visions. The following examples illustrate the various uses of definition
provisions.
TO DELIMIT
Many definitions are intended to set the limits of meaning, without
altering the normal meaning.
''subsidiary coin" means a coin other than a gold coin.
"property" means real or personal property.
"aircraft" means any machine used or designated for navigation of the air.
I
"invention" means any new and useful art, process, machine, manufacture
or composition of matter, or any new and useful improvement in any an,
process, machine, manufacture or composition of matter.
"disabled" means incapable of pursuing regularly any substantially gainful
occupation.
"salary" means the compensation received for the performance of the reg­
ular duties of a position or office.
"Canadian citizen" means a person who is a Canadian citizen within Ilu*
meaning of the Canadian Citizenship Act.
"advertise" means to make known by the publication or distribution of any
advertisement, circular or other notice.
"highway" means any public road, street, lane or other public way or
communication.
TO NARROW
A definition may narrow the ordinary meaning of a word. Things ni di
narily included are excluded, either by setting limits or by expressly
excluding.
"dividend " does not include a slock dividend.
"rank" means substantive rank or appointment, but does not include acting
rank.
"grain " means wheal, oats, barley and rye.
"oil" means any liquid hydrocarbon.
I >I I INI I I< >NS
I III' ('OMPOSI I ION OI' I I < ilSI A I K )N
TO PARTICULARI/l­ (i IN IK A I I )IS< U 11' IK INS
A definition may restrict a word to a particular tiling wilhoul chan^in/»,
ordinary meaning.
"contract" means a contract made before the 1st day of.lanuary, 1955.
"notes" means notes of the Bank of Canada payable to bearer on demand
and intended for circulation.
"agreement" means an agreement made under section 3.
"widow" means a widow of a veteran.
TO ENLARGE
A definition may retain the ordinary meaning of a word and add a
waning it does not normally have.
"lease" includes an agreement for a lease.
"servant" includes agent.
" money" includes negotiable instrument.
"fish" includes shell fish, crustaceans and marine animals.
Occasionally the included meaning is virtually exhaustive.
"intoxicant" includes alcohol, alcoholic, spirituous, vinous, fermented malt
or other intoxicating liquor or combination of liquors and mixed liquor a
part of which is spirituous, vinous, fermented or otherwise intoxicating and
all drinks, drinkable liquids, preparations or mixtures capable of human
consumption that are intoxicating.
ie above definition seems to include everything that is included in the
rmal meaning. Includes rather than means is used to catch anything that
dn't happen to come to the draftsman's mind; he has therefore protected
mself against oversight. Similarly, in the following examples:
"rodent" includes all members of the order Rodentia.
"mark" includes mark, sign, device, imprint, stamp, brand, label, ticket,
letter, word or figure.
TO SETTLE DOUBTS
There are cases where there may be doubt whether a word means a
rticular thing. Includes is used, but rather than add a meaning it serves to
.tie the doubt. For example —
"securities" includes bonds, debentures and obligations, secured or unse­
cured, whether issued within or outside Canada, and rights in respect of
such bonds, debentures and obligations, but does not include shares of
capital stock of corporations or rights in respect of such shares.
"highway" includes any public road, street, lane or other public way or
communication.
"unmarried person" includes a widow, a widower and a divorced person,
"child" includes a natural child, stepchild or adopted child.
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"wares" includes punted publications.
­land" includes mines, minerals, easements, servitudes and all other inter­
ests in real properly.
TO AHUKIVVIA IT; OR TO SHORTEN AND SIMPLIFY COMPOSITION
Definitions arc commonly used to abbreviate, particulary names of cor­
porations, officials, bodies, etc. Thus, Commission may be defined to mean
Unemployment Insurance Commission; Corporation to mean the Canadian
Overseas Telecommunication Corporation; Minister to mean the Minister of
Public Works; Board to mean the Board of Directors. Definitions are also
used to define verbs, things and expressions for the purpose of simplifying
construction.
"Convention" means the International Convention for the Northwest At­
lantic Fisheries set out in the Schedule.
"trafficking" means the importation, exportation, manufacture, sale, giving,
administering, transportation, delivery or distribution by any person of a
drug or any substance represented or held out by such person to be a drug,
or the making of any offer in respect thereof, but does not include
(i) the importation or exportation of any drug by or on behalf of any
person who has a licence therefor under section 3, or
(ii) the manufacture, sale, giving, administering, transportation, deliv­
ery or distribution of a drug, or the making of any offer in respect
thereof, by or on behalf of any person who has a licence therefor
under section 3, or by or on behalf of a physician, dentist, veteri­
nary surgeon or retail druggist for a medicinal purpose.
"law of the province" means a law of a province or municipality not repug­
nant to or inconsistent with this Act.
"unsanitary conditions" means such conditions or circumstances as might
contaminate a food, drug or cosmetic with dirt or filth or render the same
injurious to health.
"apply" includes to apply or attach to, or to use on, in connection with, or in
relation to, an article by any method or means, whether to, on, by, in, or with
(i)
(ii)
(iii)
(iv)
(v)
the article itself,
anything attached to the article,
anything to which the article is attached,
anything in or on which the article is, or
anything so used or placed as to lead to a reasonable belief that the
mark on that thing is meant to be taken as a mark on the article
itself.
"sell" includes to dispose of for valuable consideration, to offer to sell, to
distribute or offer as premiums or prizes, to offer to dispose of for valuable
consideration, to have in possession with intent to sell or intent to dispose of
for valuable consideration and to display in such manner as to lead to a
reasonable belief that the article is intended for sale.
"Member" means a member of the House of Commons.
"officer" means a commissioned officer.
47
THE COMPOSITION OF LEGISLATION
"agricultural equipment" means implements, apparatus, appliances and
machinery, of any kind usually affixed to real or immovable property, for
use on a farm, but does not include a farm electric system.
we have a restrictive definition followed by an exclusion.
"cattle" means neat cattle or an animal of the bovine species by whatever
technical or familiar name it is known, and includes a horse, mule, ass, pig,
sheep or goat.
is again a double definition. There could be, for example, a definition of
al as meaning cattle, horse, mule, etc. followed by a definition of cattle to
i neat cattle or an animal of the bovine species.
"highway" means a road to which the public has the right of access, and
includes bridges over which or tunnels through which a road passes.
n, a double definition.
IN RELATION TO
Words in addition to means or includes may be used to introduce a
ition. There are instances where a word is to have a special meaning in
ase, and its ordinary meaning in other cases.
"title" in relation to a loan secured by a mortgage on a long­term lease
means the entire interest of the lessee.
"distinctive" in relation to a trade mark means a trade mark that actually
distinguishes the wares or services in association with which it is used by its
owner from the wares or services of others or is adapted so to distinguish
them.
DEFINITIONS
Definitions should not be inserted unless they are needed. Frequently a
word or expression cannot be exactly defined and the presence of a definition
may cause more difficulties in construction than its absence. In many cases
the dictionary meaning is adequate and the exact interpretation of the word
or expression can safely be left to the courts.
The definition technique can usefully be employed to make a sentence
more comprehensible by removing lengthy descriptive material from the
case so as to expose more prominently the main subject and predicate. In one
section of the Official Secrets Act, for example, there are fifteen lines of type
describing the information to which the section applies. A defined expres­
sion, such as "official secret", could be substituted for this descriptive mate­
rial, thus cutting the length of the section in half, and making it more pre­
sentable. In situations such as this, where an expression is devised for a
specific purpose, the expression chosen should be one that, apart from the
definition, will convey to the reader the general idea of the definition.
Generally speaking, it is better to write the sentence in complete form first,
than to start with an artificial definition and build a sentence around it. The
draftsman might then see that a better way to make the provision more
presentable would be to re­cast its grammatical form, or divide it into two
or more sections or subsections.
')r a word may have two defined meanings for two situations.
"recorded address" means
(i) in relation to a person as a shareholder, his last known post office
address according to the share register of the bank, and
(ii) in relation to a person in any other respect, his last known post
office address according to the records of the branch concerned.
\ common phrase for these situations is in relation to. Other expressions,
i the case of are also used.
"resident of Canada" means, in the case of a natural person, a person who
ordinarily resides in Canada and, in the case of a corporation, a corporation
having iis head office in Canada or operating a branch office in Canada.
­donally one linds
in its application to or when referring to.
GFNHRAL
KTmitions should be listed in strict alphabetical order,
n the final draft of a bill, the definitions should be carefully examined to
any are unnecessary. Sometimes ;i definition is inserted for a section
s dropped in the draft in;', stages.
vVhere a definition is used only in another 1 deli nil ion, an effort should be
to combine them into one
Ml
'> I
THE COMPOSITION OP' LEGISLATION
Assent ­ To assent to.
Attach — To attach to.
Because ­ May imply reason, sake, purpose. By reason of, for the reason that, on the
ground that or similar expressions are generally better. See By reason only. There
is ambiguity with a negative. Thus, He did not fail because can mean either that
he succeeded for the stated reason, or that he failed but not for the stated reason.
Belong — To belong to.
Bestow — To bestow on or upon.
Bind, bound ­ To be bound to do something; to bind by agreement; an agreement is
binding upon or on a person.
Border — On, upon.
But so that — To introduce a predicate modifier specifying the mode in which some­
thing is to be done. Thus, to divide between A, B, and C, but so that each receives
at least a quarter. But not but so that A receives nothing.
By reason only ­ Frequently more precise than because. To say a person is ineligible
by reason only of age implies that on all other counts he is eligible; to say he is
ineligible because of age merely specifies one ground of ineligibility and does not
necessarily exclude other possible grounds. Because only will hardly do, and only
be cause might in cei tain contexts mean for the sake of or for the purpose of.
Capable — To be capable of.
Care — To care/bra thing.
Charge on a fund, against a person, with an offence, to an account.
Coincide — To coincide with.
Collective nouns ­ A collective noun is singular even though it comprises more than
one. 7 he committee has power. But usages difler. In Britain government is plural,
but singular in Canada.
Communicate — Communicate information to a person; communicate with a person.
Compare — To compare to (quality); compare with (illustration).
Comply ­ Comply and compliance with.
Composed — To be composed of.
Compound subjects ­ Normally a compound subject takes a plural verb. The Minis­
tet and his Deputy are authorized. But there are difficulties where two combined
nouns may form a single concept. The ship and cargo is (are?) forfeited. Rc­
gaided as one entity, the verb should be singular; regarded as separate, it should
be plural.
Concede — To.
Conceive — Of.
Concur — With a person; in a course of action.
Confer ­ To confer on or upon a person (bestow); to confer with (discuss).
Conform — To conform to.
Conjunctions ­ The principal co­ordinating conjunctions encountered in legislation
are and, but, or, nor. Co­ordinating conjunctions join sentence elements of equal
value.
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WORDS AND EXPRESSIONS
Subordinating conjunctions are used to join dependent clauses, especially
adverbial clauses expressing the case — reason, time, place, conditions, etc. The
principal subordinating conjunctions are after, although, as, as if as long as, as
often as, as soon as, as though, before, for the purpose of if, in case, in order that,
notwithstanding, so that, such as, unless, until, when, where, while, with a view to.
Correlative conjunctions come in pairs; not only...but also; (hough...yet;
whether...or; either...or; neither...nor; both... and; so...as; if...then; as...as.
The pronouns who, which, what, that also have conjunctive uses.
Some adverbs serve as subordinating conjunctions — nevertheless, notwith­
standing, accordingly, moreover, therefore — but must be preceded by a semico­
lon or other stop of higher value, or, in some cases, by a regular conjunction.
Consent — To consent to.
Consign — To consign to.
Consist — To consist in (to have its being in); to consist of {to be made up by or
composed of).
Consistent — To be consistent with.
Contained — In expressions like Notwithstanding anything contained in this Act the
word contained can be omitted. Contained in this Act is usually better than in this
Act contained.
Contend — To contend with or against (struggle); to contend about (argue).
Contiguous — To be contiguous to.
Contrary — To be contrary to.
Convict — To convict of an offence.
Correspond — Correspond to (similar in character or function); correspond with
(a g re e m e n t, h a r m o n y).
Convenant — With a person; for a thing.
Deal — To deal in a thing; with a person.
Debar — To debar/raw.
Deemed — Used to establish legal fictions. For a statutory purpose it is often necessary
to deem a thing to be something it is not. Also used negatively to declare that a
thing is not something it is, but the difference between shall not be deemed and
shall be deemed not should be noted. Shall not be deemed should be used only
where a previous deeming is denied; shall be deemed not is used to establish a
negative fiction that can stand on its own feet.
Also used in the sense of considering — as he deems necessary.
Defend, Defence — Defend or defence against a claim; defend /><?/;? danger.
Deficient, Deficiency — A deficiency of an amount; in an account: deficient in.
Defraud — To defraud a person of a thing.
Demand — To demand of
Depend — To depend ( be dependent) on or upon.
Deprive — To deprive a person of a thing.
Derogate — To derogatefrom.
Desirous — To be desirous of.
133
icnl
To assent to.
ach — To attach to.
:ause — May imply reason, sake, purpose. By reason of, for the reason that, on the
ground that or similar expressions are generally better. See By reason only. There
is ambiguity with a negative. Thus, He did not fail because can mean either that
he succeeded for the stated reason, or that he failed but not for the stated reason,
ong — To belong to.
;to\v — To bestow on or upon.
d, bound — To be bound to do something; to bind by agreement; an agreement is
binding upon or on a person,
Subordinating conjunctions are used to join dependent clauses, especially
adverbial clauses expressing the case ­ reason, time, place, conditions, etc. The
principal subordinating conjunctions are after, although, as, as if as long as, as
often as, as soon as\ as though, before, for the purpose of if, in case, in order that,
notwithstanding, so that, such as, unless, until, when, where, while, with a view to.
Correlative conjunctions come in pairs; not only...but also; though...yet;
whether...or; either...or; neither...nor; both... and; so...as; if...then; as...as.
The pronouns who, which, what, that also have conjunctive uses.
Some adverbs serve as subordinating conjunctions — nevertheless, notwith­
standing, accordingly, moreover, therefore
but must be preceded by a semico­
lon or other stop of higher value, or, in some cases, by a regular conjunction.
der — On, upon.
Consent — To consent to.
so that — To introduce a predicate modifier specifying the mode in which some­
thing is to be done. Thus, to divide between A, B, and C, but so that each receives
at least a quarter. But not but so that A receives nothing,
reason only — Frequently more precise than because. To say a person is ineligible
by reason only of age implies that on all other counts he is eligible; to say he is
ineligible because of age merely specifies one ground of ineligibility and does not
necessarily exclude other possible grounds. Because only will hardly do, and only
because might in certain contexts mean for the sake of or for the purpose of.
Consign — To consign to.
Consist — To consist in (to have its being in); to consist of (to be made up by or
composed of).
Consistent — To be consistent with.
Contained ­ In expressions like Notwithstanding anything contained in this Act the
word contained can be omitted. Contained in this Act is usually better than in this
Act contained.
Contend — To contend with or against (struggle); to contend about (argue).
table — To be capable of.
Contiguous — To be contiguous to.
Contrary — To be contrary to.
e — To carz for a thing.
trge — on a fund, against a person, with an offence, to an account,
ficide — To coincide with.
lective nouns — A collective noun is singular even though it comprises more than
one. The committee has power. But usages differ. In Britain government is plural,
but singular in Canada.
imunicaie — Communicate information to a person; communicate with a person,
lpare ­­ To compare to (quality); compare with (illustration),
lply — Comply and compliance with.
lposed — To be composed of.
lpound subjects — Normally a compound subject takes a plural verb. The Minis­
ter and his Deputy are authorized. But there are difficulties where two combined
nouns may form a single concept. The ship and cargo is (are?) forfeited. Re­
garded as one entity, the verb should be singular; regarded as separate, it should
be plural,
Convict — To convict of an offence.
Correspond ­ Correspond to (similar in character or function); correspond with
(agreement, harmony).
Convenant — With a person; /bra thing.
Deal ­ To deal in a thing; with a person.
Debar — To debar/>ww.
Deemed ­ Used to establish legal fictions. For a statutory purpose it is often necessary
to deem a thing to be something it is not. Also used negatively to declare that a
thing is not something it is, but the difference between shall not be deemed and
shall be deemed not should be noted. Shall not be deemed should be used only
where a previous deeming is denied; shall be deemed not is used to establish a
negative fiction that can stand on its own feet.
Also used in the sense of considering ­ as he deems necessary.
Defend, Defence — Defend or defence against a claim; defend/row danger.
cede — To.
ceive — Of
cur — With a person; in a course of action.
fer — To confer on or upon a person (bestow); to confer with (discuss),
form — To conform to.
Deficient, Deficiency — A deficiency 0/an amount; in an account; deficient in.
junctions — The principal co­ordinating conjunctions encountered in legislation
are and, but, or, nor. Co­ordinating conjunctions join sentence elements of equal
value.
Derogate — To derogate from.
Desirous — To be desirous of.
132
Defraud — To defraud a person of a thing.
Demand — To demand of.
Depend — To depend (be dependent) on or upon.
Deprive — To deprive a person of'& thing.
133