Wednesday, April 29, 2015

Interpreting a Regulation

Erickson & Partners v. Ontario (Health and Long-Term Care), 2015 ONCA 285:

[20]       Starting, then, from first principles, the interpretation of s. 39(6) of the Regulation requires the court to read the words of the Act and the Regulation "in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament." As well, when interpreting a regulation, a court must consider the words granting the authority to make the regulation in question, in addition to the other interpretive factors. 

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