Duhaime's Law Dictionary


Clear Days Definition:

Full and complete days.

Related Terms: Day, Calendar Day

This entails, in a computation of days, the exclusion of the first and last days, as is the accepted definition in Canada, England and the USA.

Section 27 of the Canadian Interpretation Act defines clear days consistently with the common law and also shows the result of not specifying clear days between two events, as follows:

"Where there is a reference to a number of clear days or at least a number of days between two events, in calculating that number of days the days on which the events happen are excluded.

"Where there is a reference to a number of days, not expressed to be clear days, between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included."

The British Columbia Interpretation Act similarly states, at §25(4):

"In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded."

... as does the Interpretation Act of Alberta at §22(3):

"If an enactment contains a reference to a number of days expressed to be clear days or to at least or not less than a number of days between 2 events, in calculating the number of days, the days on which the events happen shall be excluded."

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