Words and terms
29. (1) In every Act, unless the context otherwise requires, “Act” includes enactment; (“loi”) “affidavit”, in the case of persons allowed by law to affirm or declare instead of swearing, includes affirmation and declaration; (“affidavit”) “Assembly” means the Legislative Assembly of Ontario; (“Assemblée”) “county” includes two or more counties united for purposes to which the Act relates; (“comté”) “Court of Appeal” means the Court of Appeal for Ontario; (“Cour d’appel”) “Divisional Court” means the Divisional Court of the Superior Court of Justice; (“Cour divisionnaire”) “Great Seal” means the Great Seal of Ontario; (“grand sceau”) “herein” used in a provision of an Act relates to the whole Act and not to that provision only; (“ci-inclus”, “dans les présentes”) “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; (“Sa Majesté”, “la Reine”, “le Roi”, “la Couronne”) “holiday” includes Sunday, New Year’s Day, Good Friday, Easter Monday, Christmas Day, the birthday or the day fixed by proclamation of the Governor General for the celebration of the birthday of the reigning Sovereign, Victoria Day, Dominion Day, Labour Day, Remembrance Day, and any day appointed by proclamation of the Governor General or the Lieutenant Governor as a public holiday or for a general fast or thanksgiving, and when any holiday, except Remembrance Day, falls on a Sunday, the day next following is in lieu thereof a holiday; (“jour férié”) “justice of the peace” includes two or more justices of the peace or provincial judges assembled or acting together; (“juge de paix”) “legally qualified medical practitioner”, “duly qualified medical practitioner”, or any words importing legal recognition of a person as a medical practitioner or member of the medical profession, means a member of the College of Physicians and Surgeons of Ontario; (“médecin dûment qualifié”, “médecin dûment qualifié pour exercer sa profession”) “Lieutenant Governor” means the Lieutenant Governor of Ontario, or the chief executive officer or administrator for the time being carrying on the government of Ontario by whatever title that person is designated; (“lieutenant-gouverneur”) “Lieutenant Governor in Council” means the Lieutenant Governor of Ontario or the person administering the government of Ontario for the time being acting by and with the advice of the Executive Council of Ontario; (“lieutenant-gouverneur en conseil”) “mental illness” means the condition of mind of a mentally ill person; (“maladie mentale”) “mental incompetency” means the condition of mind of a mentally incompetent person; (“incapacité mentale”) “mental incompetent” and “mentally incompetent person” means a person, (i) in whom there is such a condition of arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, or (ii) who is suffering from such a disorder of the mind, that the person requires care, supervision and control for his or her protection and the protection of his or her property; (“incapable mental”, “personne frappée d’incapacité mentale”) “mentally ill person” means a person, other than a mental defective, who is suffering from such a disorder of the mind that he or she requires care, supervision and control for his or her own protection or welfare, or for the protection of others; (“malade mental”) “month” means a calendar month; (“mois”) “newspaper”, in a provision requiring publication in a newspaper, means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers; (“journal”) “now”, “next”, “heretofore” and “hereafter” shall be construed as having reference to the date of the coming into force of the Act; (“maintenant”, “prochainement”, “jusqu’ici”, “dorénavant”) “oath”, in the case of persons allowed by law to affirm or declare instead of swearing, includes affirmation and declaration; (“serment”) “peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, and justice of the peace, and also the superintendent, governor, jailer, keeper, guard or any other officer or permanent employee of a correctional institution, and also a police officer, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; (“agent de la paix”) “person” includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; (“personne”) “proclamation” means a proclamation under the Great Seal; (“proclamation”) “registrar” includes a deputy registrar; (“greffier”, “registrateur”, “registraire”, “préposé aux registres”) “rules committee” means a rules committee established under the Courts of Justice Act; (“comité des règles”) “rules of court”, when used in relation to a court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of such court, or for the purpose of an Act directing or authorizing anything to be done by rules of court; (“règles de pratique”) “security” means sufficient security, and “sureties” means sufficient sureties, and where these words are used, one person is sufficient therefor unless otherwise expressly required; (“caution”, “cautionnement”) “swear”, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, includes affirm and declare, and “sworn” has a corresponding meaning; (“prêter serment”, “sous serment”, “assermenté”) “writing”, “written”, or any term of like import, includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any other mode in a visible form; (“écrit”) “year” means a calendar year. (“an”, “année”) R.S.O. 1990, c. I.11, s. 29 (1); 1993, c. 27, Sched.; 1998, c. 18, Sched. G, s. 61; 2006, c. 19, Sched. B, s. 11; 2006, c. 19, Sched. C, s. 1 (1). Imperative and permissive forms (2) In the English version of an Act, the word “shall” shall be construed as imperative and the word “may” as permissive. In the French version, obligation is usually expressed by the use of the present indicative form of the relevant verb, and occasionally by other verbs or expressions that convey that meaning; the conferring of a power, right, authorization or permission is usually expressed by the use of the verb “pouvoir”, and occasionally by other expressions that convey those meanings. R.S.O. 1990, c. I.11, s. 29 (2). Special Interpretation Clauses