Small Tip: Computing time in statutes and regulations

  • 02 avril 2020
  • Shawn Erker

Unclear days: Computing time in statutes and regulations

What does it mean when a statute or regulation says that there must be “x days between” two actions? What about “at least x days between” two actions? In keeping with the relative, wibbly-wobbly nature of time itself, the answer sometimes depends on where you are.

Federally, ss. 26-30 of the Interpretation Act set out rules for computing time in Federal legislation, such as how a time limit that expires on a holiday is automatically extended to the following day (s. 26); or how one month after March 30th is April 30th, while one month after March 31st is… also April 30th (s. 28).

When timelines are described in Provincial statutes or regulations, it is the equivalent Provincial interpretation legislation that governs. In Ontario, for example, these rules are set out in the Legislation Act, while British Columbia and Alberta include these provisions in their respective Interpretation Acts.