Interpretation (Clearity Requirement)

Hamilton Independent Variety & Confectionary Stores Inc. v. Hamilton (City), 1983 CanLII 3114 (ON CA)

[20] The duty of a municipal council in framing a by-law is to express its meaning with certainty, 28 Hals., 4th ed., p. 731, para. 1329:

1329. Byelaws must be certain. A byelaw must provide a clear statement of the course of action which it requires to be followed or avoided, and must contain adequate information as to the duties and identity of those who are to obey, although all the information need not be apparent on the face of the byelaw. However, if the words of the byelaw are ambiguous but their meaning can be resolved to give a reasonable result the courts will give effect to that result. Any penalty provided must also be expressed with certainty.

[21] The obligation of clarity is to enable every citizen to understand the by-law in order to comply with it. Kelly J.A., delivering the judgment of the court in R. v. Sandler, 1971 CanLII 478 (ON SC), [1971] 3 O.R. 614 at p. 620, 21 D.L.R. (3d) 286 at p. 292, said:

When a municipal council purports to legislate under the powers found in the Municipal Act and thereby creates obligations to be observed by its citizens, the failure to observe which attracts punishment, it is to be expected that the by-law creating such obligations will itself be so explicit that a well-intentioned citizen seeking to observe the provisions of the by-law may, from a reading of the by-law, without the enlargements of its requirement by the order of a municipal servant, be able to satisfy himself that he has complied with its requirements.