Thursday, May 3, 2012

Interpretations Act definitions of Person..."Includes" meaning that which comes after the word includes, A dead in law corporation!!

DEFINITIONS Marginal note:General definitions 35. (1) In every enactment, “Act” « loi provinciale » “Act”, as meaning an Act of a legislature, includes an ordinance of the Northwest Territories and a law of the Legislature of Yukon or of the Legislature for Nunavut; “bank” « banque » “bank” means a bank listed in Schedule I or II to the Bank Act; “British Commonwealth” or “British Commonwealth of Nations” « Commonwealth », « Commonwealth britannique », « Commonwealth des nations » ou « Commonwealth des nations britanniques » “British Commonwealth” or “British Commonwealth of Nations” has the same meaning as “Commonwealth”; “broadcasting” « radiodiffusion » “broadcasting” means any radiocommunication in which the transmissions are intended for direct reception by the general public; “Canada” « Canada » “Canada”, for greater certainty, includes the internal waters of Canada and the territorial sea of Canada; “Canadian waters” « eaux canadiennes » “Canadian waters” includes the territorial sea of Canada and the internal waters of Canada; “Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council” « greffier du Conseil privé » ou « greffier du Conseil privé de la Reine » “Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council” means the Clerk of the Privy Council and Secretary to the Cabinet; “commencement” Version anglaise seulement “commencement”, when used with reference to an enactment, means the time at which the enactment comes into force; “Commonwealth” or “Commonwealth of Nations” « Commonwealth », « Commonwealth britannique », « Commonwealth des nations » ou « Commonwealth des nations britanniques » “Commonwealth” or “Commonwealth of Nations” means the association of countries named in the schedule; “Commonwealth and Dependent Territories” « Commonwealth et dépendances » “Commonwealth and Dependent Territories” means the several Commonwealth countries and their colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories; “contiguous zone” « zone contiguë » “contiguous zone”, (a) in relation to Canada, means the contiguous zone of Canada as determined under the Oceans Act, and (b) in relation to any other state, means the contiguous zone of the other state as determined in accordance with international law and the domestic laws of that other state; “continental shelf” « plateau continental » “continental shelf”, (a) in relation to Canada, means the continental shelf of Canada as determined under the Oceans Act, and (b) in relation to any other state, means the continental shelf of the other state as determined in accordance with international law and the domestic laws of that other state; “contravene” « contravention » “contravene” includes fail to comply with; “corporation” « personne morale » “corporation” does not include a partnership that is considered to be a separate legal entity under provincial law; “county” « comté » “county” includes two or more counties united for purposes to which the enactment relates; “county court” “county court”[Repealed, 1990, c. 17, s. 26] “diplomatic or consular officer” « agent diplomatique ou consulaire » “diplomatic or consular officer” includes an ambassador, envoy, minister, chargé d’affaires, counsellor, secretary, attaché, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul, acting consular agent, high commissioner, permanent delegate, adviser, acting high commissioner, and acting permanent delegate; “exclusive economic zone” « zone économique exclusive » “exclusive economic zone”, (a) in relation to Canada, means the exclusive economic zone of Canada as determined under the Oceans Act and includes the seabed and subsoil below that zone, and (b) in relation to any other state, means the exclusive economic zone of the other state as determined in accordance with international law and the domestic laws of that other state; “Federal Court” “Federal Court”[Repealed, 2002, c. 8, s. 151] “Federal Court — Appeal Division” “Federal Court — Appeal Division” or “Federal Court of Appeal”[Repealed, 2002, c. 8, s. 151] “Federal Court — Trial Division” “Federal Court — Trial Division”[Repealed, 2002, c. 8, s. 151] “Governor”, “Governor General” or “Governor of Canada” « gouverneur », « gouverneur du Canada » ou « gouverneur général » “Governor”, “Governor General” or “Governor of Canada” means the Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title that officer is designated; “Governor General in Council” or “Governor in Council” « gouverneur en conseil » ou « gouverneur général en conseil » “Governor General in Council” or “Governor in Council” means the Governor General of Canada acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the Queen’s Privy Council for Canada; “Great Seal” « grand sceau » “Great Seal” means the Great Seal of Canada; “Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” « Sa Majesté », « la Reine », « le Roi » ou « la Couronne » “Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” means the Sovereign of the United Kingdom, Canada and Her other Realms and Territories, and Head of the Commonwealth; “Her Majesty’s Realms and Territories” « royaumes et territoires de Sa Majesté » “Her Majesty’s Realms and Territories” means all realms and territories under the sovereignty of Her Majesty; “herein” Version anglaise seulement “herein” used in any section shall be understood to relate to the whole enactment, and not to that section only; “holiday” « jour férié » “holiday” means any of the following days, namely, Sunday; New Year’s Day; Good Friday; Easter Monday; Christmas Day; the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign; Victoria Day; Canada Day; the first Monday in September, designated Labour Day; Remembrance Day; any day appointed by proclamation to be observed as a day of general prayer or mourning or day of public rejoicing or thanksgiving; and any of the following additional days, namely, (a) in any province, any day appointed by proclamation of the lieutenant governor of the province to be observed as a public holiday or as a day of general prayer or mourning or day of public rejoicing or thanksgiving within the province, and any day that is a non-juridical day by virtue of an Act of the legislature of the province, and (b) in any city, town, municipality or other organized district, any day appointed to be observed as a civic holiday by resolution of the council or other authority charged with the administration of the civic or municipal affairs of the city, town, municipality or district; “internal waters” « eaux intérieures » “internal waters”, (a) in relation to Canada, means the internal waters of Canada as determined under the Oceans Act and includes the airspace above and the bed and subsoil below those waters, and (b) in relation to any other state, means the waters on the landward side of the baselines of the territorial sea of the other state; “legislative assembly”, “legislative council” or “legislature” « législature », « assemblée législative » ou « conseil législatif » “legislative assembly”, “legislative council” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September 1, 1905, the Legislature of Yukon, the Commissioner in Council of the Northwest Territories, and the Legislature for Nunavut; “lieutenant governor” « lieutenant-gouverneur » “lieutenant governor” means the lieutenant governor or other chief executive officer or administrator carrying on the government of the province indicated by the enactment, by whatever title that officer is designated, and in Yukon, the Northwest Territories and Nunavut means the Commissioner; “lieutenant governor in council” « lieutenant-gouverneur en conseil » “lieutenant governor in council” means the lieutenant governor acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council of the province indicated by the enactment, and in Yukon, means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon and, in the Northwest Territories and Nunavut, means the Commissioner; “local time” « heure locale » “local time”, in relation to any place, means the time observed in that place for the regulation of business hours; “military” « militaire » “military” shall be construed as relating to all or any part of the Canadian Forces; “month” « mois » “month” means a calendar month; “oath” and “sworn” « serment » “oath” includes a solemn affirmation or declaration when the context applies to any person by whom and to any case in which a solemn affirmation or declaration may be made instead of an oath, and in the same cases the expression “sworn” includes the expression “affirmed” or “declared”; “Parliament” « Parlement » “Parliament” means the Parliament of Canada; “person” « personne » “person”, or any word or expression descriptive of a person, includes a corporation; “proclamation” « proclamation » “proclamation” means a proclamation under the Great Seal; “province” « province » “province” means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut; “radio” or “radiocommunication” « radiocommunication » ou « radio » “radio” or “radiocommunication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves of frequencies lower than 3 000 GHz propagated in space without artificial guide; “regular force” « force régulière » “regular force” means the component of the Canadian Forces that is referred to in the National Defence Act as the regular force; “reserve force” « force de réserve » “reserve force” means the component of the Canadian Forces that is referred to in the National Defence Act as the reserve force; “security” and “sureties” « caution » ou « cautionnement » “security” means sufficient security, and “sureties” means sufficient sureties, and when those words are used one person is sufficient therefor, unless otherwise expressly required; “standard time” « heure normale » “standard time”, except as otherwise provided by any proclamation of the Governor in Council that may be issued for the purposes of this definition in relation to any province or territory or any part thereof, means (a) in relation to the Province of Newfoundland, Newfoundland standard time, being three hours and thirty minutes behind Greenwich time, (b) in relation to the Provinces of Nova Scotia, New Brunswick and Prince Edward Island, that part of the Province of Quebec lying east of the sixty-third meridian of west longitude, and that part of Nunavut lying east of the sixty-eighth meridian of west longitude, Atlantic standard time, being four hours behind Greenwich time, (c) in relation to that part of the Province of Quebec lying west of the sixty-third meridian of west longitude, that part of the Province of Ontario lying between the sixty-eighth and the ninetieth meridians of west longitude, Southampton Island and the islands adjacent to Southampton Island, and that part of Nunavut lying between the sixty-eighth and the eighty-fifth meridians of west longitude, eastern standard time, being five hours behind Greenwich time, (d) in relation to that part of the Province of Ontario lying west of the ninetieth meridian of west longitude, the Province of Manitoba, and that part of Nunavut, except Southampton Island and the islands adjacent to Southampton Island, lying between the eighty-fifth and the one hundred and second meridians of west longitude, central standard time, being six hours behind Greenwich time, (e) in relation to the Provinces of Saskatchewan and Alberta, the Northwest Territories and that part of Nunavut lying west of the one hundred and second meridian of west longitude, mountain standard time, being seven hours behind Greenwich time, (f) in relation to the Province of British Columbia, Pacific standard time, being eight hours behind Greenwich time, and (g) in relation to Yukon, Yukon standard time, being nine hours behind Greenwich time; “statutory declaration” « déclaration solennelle » “statutory declaration” means a solemn declaration made pursuant to section 41 of the Canada Evidence Act; “superior court” « juridiction supérieure » ou « cour supérieure » “superior court” means (a) in the Province of Prince Edward Island or Newfoundland, the Supreme Court, (a.1) in the Province of Ontario, the Court of Appeal for Ontario and the Superior Court of Justice, (b) in the Province of Quebec, the Court of Appeal and the Superior Court in and for the Province, (c) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, the Court of Appeal for the Province and the Court of Queen’s Bench for the Province, (d) in the Provinces of Nova Scotia and British Columbia, the Court of Appeal and the Supreme Court of the Province, and (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and includes the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada; “telecommunications” « télécommunication » “telecommunications” means the emission, transmission or reception of signs, signals, writing, images, sounds or intelligence of any nature by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system; “territorial sea” « mer territoriale » “territorial sea”, (a) in relation to Canada, means the territorial sea of Canada as determined under the Oceans Act and includes the airspace above and the seabed and subsoil below that sea, and (b) in relation to any other state, means the territorial sea of the other state as determined in accordance with international law and the domestic laws of that other state; “territory” « territoires » “territory” means Yukon, the Northwest Territories and Nunavut; “two justices” « deux juges de paix » “two justices” means two or more justices of the peace, assembled or acting together; “United Kingdom” « Royaume-Uni » “United Kingdom” means the United Kingdom of Great Britain and Northern Ireland; “United States” « États-Unis » “United States” means the United States of America; “writing” « écrit » “writing”, or any term of like import, includes words printed, typewritten, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in visible form. Marginal note:Governor in Council may amend schedule (2) The Governor in Council may, by order, amend the schedule by adding thereto the name of any country recognized by the order to be a member of the Commonwealth or deleting therefrom the name of any country recognized by the order to be no longer a member of the Commonwealth. R.S., 1985, c. I-21, s. 35; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 26; 1992, c. 1, s. 91, c. 47, s. 79, c. 51, s. 56; 1993, c. 28, s. 78, c. 38, s. 87; 1995, c. 39, s. 174; 1996, c. 31, s. 87; 1998, c. 15, s. 28, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 71, c. 28, s. 168; 2002, c. 7, s. 188, c. 8, s. 151. Previous Version

2 comments:

minister Belanger said...

note the the capitalization of "P" in Province is a different designation than province lower case...One is a corporation the other is a land mass...

minister Belanger said...

include: verb-- absorb, adscribere, be composed of, be formed of, be made up of, begird, boast, bound, bracket, circumscribe, classify, close in, combine, compass, comprehend, comprehendere, consist of, contain, cover, embody, embrace, encircle, engird, envelop, girdle, hold, incorporate, involve, merge, put a barrier around, span, subsume, surround, take in, unify, unite
Foreign phrases: In eo quod plus sit semper inest et minus.The less is always included in the greater. Inclusio unius est exclusio alterius. The inclusion of one thing is the exclusion of another. Capital"P" on the word Province means a corporation....Small "p" designates a land mass..Only the Yukon NWT and Nunavit comprise Canada as provinces, section 24 Canada Land Surveys Act as well as section 30 from the Charter and section 2 definitions from the criminal code confirms this...