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Clear Days

Full and complete days.

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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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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