Model By-law Manual
Interpretation By-law
 Inasmuch as we have included an Interpretation By-law with this
manual, we have opted to provide fairly extensive “interpretations”
with each and every by-law. This means we have quite comprehensive
“definition” sections with each by-law.
 What we have aimed to do with the Interpretation by-law is to draw
heavily from the Interpretation Act and to include those parts of that
Act which has relevance to municipal by-laws. This does not mean that
we are replacing the Act, but it should limit significantly the need to
refer to the Act.
 The key benefit of the Interpretation By-law is that it contains a
number of definitions principally designed to avoid the necessity of
making reference in by-law provisions to the fuller legal name of the
entity. For example, a reference to “Council” will mean the “Council of
the municipal corporation of the Town of Muni”. Much shorter, but
conferring the same meaning in law.
 Finally, the adoption of an Interpretation By-law creates a hierarchy:
this by-law has application and will take precedence over the ordinary
meaning contained in an individual by-law unless the context suggests
otherwise.
DISCLAIMER
The reader is cautioned that editorial and drafting choices involve interpretation of the law. Municipal units should consult
with their own legal advisors before relying upon, and applying to their own circumstances, the comments or drafts
contained in this Manual.
The legal effect of the model by-law documents may be affected by legal developments since the time of drafting.
Additionally, the documents may be subject to particular legal issues affecting your municipality. Other errors or omissions
may have found their way into the documents. The model by-laws should not be enacted without prior review with
your Municipal solicitor. The publishers, editors, and authors of this manual accept no liability for any claims arising from
the use of this Manual.
Interpretation By-Law
1.
This By-Law is entitled the “Interpretation By-Law”.
2.
In this By-Law:
(1)
3.
“existing or future by-law, policy, recorded resolution or
resolution” means a by-law, policy, recorded resolution or
resolution of the [Municipality] in force immediately before the
coming into force of this By-Law, or a by-law, by-law
amendment, policy, policy amendment or resolution of the
[Municipality] which comes into force after the coming into
force of this By-Law.
In this By-Law and in any existing or future by-law, policy, recorded
resolution or resolution, unless the context otherwise requires:
(1)
words importing the singular number only include the plural
number and vice versa;
(2)
words importing only one gender include the masculine, feminine
and neutral genders;
(3)
all references to officers or employees of the [Municipality]
include a person authorized or appointed in an interim or
“acting” capacity;
(4)
all references to an employee of the [Municipality] include
references to subordinate employees authorized to act in place
of or on behalf of the employee;
(5)
all references to committees are references to committees of the
[Municipality];
(6)
all references to the time of day shall be to that system of time
in use in the [Municipality] at the relevant time whether it be
"Atlantic Standard Time: or "Atlantic Daylight Time";
(7)
words in any by-law, policy, recorded resolution or resolution
have the meaning ascribed to them in definitions in that by-law,
policy, recorded resolution or resolution, and, if no definition is
contained therein or if the context indicates otherwise,
4.
(a)
they have the meaning ascribed to them in section [4] of
this By-Law, and, if no definition is contained herein or if
the context indicates otherwise;
(b)
they have the meaning ascribed to them in definitions in
the legislation enabling that by-law, policy, recorded
resolution or resolution, and, if no definition is contained
therein or if the context indicates otherwise;
(c)
they have the meaning ascribed to them in definitions in
the Interpretation Act;
For purposes of section [3(7)(a)] of this By-Law, the following
definitions apply unless the context otherwise requires:
(1)
“[e.g. Municipality OR Region OR County OR Town]” means
[insert full legal name of the municipal unit] and
“[Municipal OR Regional]” has a corresponding meaning;
(2)
“Building Inspector” means the Building Inspector of the
[Municipality];
(3)
“by-law” means by-law of the [Municipality];
(4)
“By-Law Enforcement Officer” means the employee(s) of the
[Municipality] appointed to enforce some or all by-laws of the
[Municipality];
(5)
“Chief Administrative Officer” or “CAO” means the Chief
Administrative Officer of the [Municipality];
(6)
“Clerk” means the Clerk of the [Municipality];
(7)
“Council” means the Council of the [Municipality];
(8)
“Councillor” means a member of Council;
(9)
“Development Officer” means the Development Officer of the
[Municipality];
(10) “Engineer” means the [[municipal] Engineer OR the Director
of Public Works of the [Municipality]];
(11) “Mayor” means the Mayor of the [Municipality] and DeputyMayor has a corresponding meaning;
(12) “[Municipal] Staff” means an employee of the [Municipality]
authorized by or through the [CAO OR Council] to undertake
an activity;
(13) "person" means any person, male or female, and any body
corporate, and includes a partnership except when modified by
the word “human” or “natural”;
(14) “Province” means the Province of Prince Edward Island and
“provincial” has a corresponding meaning;
(15) “Resolution” means a resolution of the [Municipality];
(16) “Treasurer” means the Treasurer of the [Municipality];
Clerk’s Annotation For Official By-Law Book
Date of first reading: ____________
Date of advertisement of Notice of Intent to Consider:____________
Date of second reading:____________
*Date of advertisement of Passage of By-Law:____________
Date of mailing to Minister a certified copy of By-Law:____________
I certify that this INTERPRETATION BY-LAW was adopted by Council and
published as indicated above.
_________________
Clerk
_____________________
Date
* Effective Date of the By-Law unless otherwise specified in the text of the
By-Law
Interpretation By-Law
Editor’s Annotations
Enabling Legislation
No specific authority, beyond the authority to pass the substantive by-laws.
Important Notice
The reader is cautioned that editorial and drafting choices involve
interpretation of the law. Municipal units should consult with their own legal
advisors before relying upon, and applying to their own circumstances, the
comments or drafts contained in this Manual.
Comment
•
Please note the comments in the User’s Guide under the heading
“Interpretation and Enforcement and Penalties By-Law”.
•
The legislative authority for an Interpretation By-Law stems from the
substantive by-law, policy and resolution-making authority over the
subjects set out in the legislation. By using an Interpretation By-Law,
a [Municipality] is in effect splitting into two by-laws matters which
could be contained exclusively within the by-law dealing with the
specific substantive subject matter.
•
In the absence of an Interpretation By-Law, the Interpretation Act will
likely apply to municipal by-laws (because the Act applies to
“regulations” which include “by-laws”.
•
The model By-Law has been drafted to assist in the interpretation of
existing bylaws and future by-laws as well as policies, recorded
resolutions and ordinary resolutions of Council. The rules of
interpretation and definitions contained within the by-law are not
absolute and specifically are subject to:
•
context requiring another interpretation; and
•
The specific definitions contained within the by-law, policy or
resolution which is being interpreted.
•
Section 3 contains some general rules of interpretation, including
conventional rules about singular/plural numbers and
masculine/feminine/neutral genders and references to time.
•
Subsection (7) of section 3 contains an interpretive hierarchy for
definitions found in by-laws, enabling legislation and the Provincial
Interpretation Act (which Act serves the same purpose for statutes
that an Interpretation By-Law serves for by-laws).
•
Amongst other general rules of interpretation, section 3 contains rules
allowing employees in an “acting” position or subordinate employees
to act on behalf of their principals. Legal advice should be obtained
regarding whether this is consistent with the statutory authority in any
particular instance.
•
Section 4 contains a number of definitions principally designed to avoid
the necessity of making reference in by-law provisions to the full legal
name of the municipal unit when referring to that municipal unit or to
one of its employees or officers. These should be tailored to suit each
municipal unit’s circumstances.