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Punctuation with Restrictive/Non-Restrictive ElementsIntroduction Phrases (prepositional, participle, gerund and infinitive) and subordinate clauses (adverbial and relative) are a prominent feature of legislative provisions; therefore, it is important that they be accompanied by punctuation that helps convey the intended meaning of the provision. An important consideration in this respect is whether a phrase or clause is restrictive or non-restrictive: it is restrictive if it is essential to the principal meaning of the sentence; it is non-restrictive if the principal meaning of the sentence is clear without it. In the latter case, the modifier is merely providing additional, as opposed to essential, information. (Accordingly, some people use the term "defining" instead of "restrictive" and "non-defining" instead of "non-restrictive.") Commas, when used carefully, help to highlight the restrictive or non-restrictive nature of a phrase or clause, and so the tendency to insert them between the various elements of a sentence without due care ought to be avoided. Recommendation The general rule for punctuating these elements is that, because a restrictive element is essential to the meaning of a sentence, it should not be set off by commas (or, for that matter, by dashes or parentheses), while a non-restrictive element should be set off by punctuation. Some people remember this rule by thinking that, for a restrictive element, the punctuation is restricted. Examples Phrases Restrictive: A vessel other than a barge shall be provided with the equipment set out in Schedule 1. Restrictive: This Act applies in respect of crops grown in Canada except wheat and barley grown in the designated area. Non-restrictive: An application referred to in subsection (1) shall include the applicant's name, business address, including the postal code, and telephone number. In the restrictive examples, the phrases clearly provide information that is essential to the meaning of the sentence. In the non-restrictive example, "including the postal code" is an added detail. Clauses Restrictive: Profits, income or gains of a resident of a Contracting State that are taxed in the other Contracting State shall be excluded. Restrictive: Trustees shall not disclose confidential information concerning any professional engagement unless the disclosure is required by law. Non-restrictive: The Fund may adopt periods other than those that apply in accordance with paragraph (c) above, which shall be the same for all members, for the repurchase of holdings of currency acquired by the Fund. In the first restrictive example, the clause "that are taxed in the other Contracting State" identifies the profits, income and gains that are the subject of the exclusion and so is essential to the meaning of the sentence. Similarly, in the second example, the "unless" clause provides information about an important exception to the prohibition. In the non-restrictive example, "which shall be the same for all members" is not essential to the principal meaning of the sentence, but is just extra information. Drafters are reminded that while English grammar allows "which" to be used in either a restrictive or a non-restrictive relative clause, the use of "which" for both types of clauses could result in some cases in ambiguity as to whether the meaning is intended to be restrictive or non-restrictive. As English grammar allows "that" to be used only in restrictive relative clauses, drafting practice is to use only "that" for restrictive relative clauses and to use "which" only for non-restrictive ones, which tend to be rare in legislation in any case. Exceptions to the general rule There may be occasions when an element, though restrictive in meaning, should be set off by commas because of the syntactical requirements of the sentence, as in the following examples:
The following types of situation can often be avoided by redrafting; however, when the particularities of the sentence require that the restrictive element be placed as shown, it has to be set off by commas (or by one comma, if the restrictive element is at the beginning of the sentence):
Subpart 1 does not apply in respect of aircraft that, under subsection 202.13(1), are not required to be registered. |
Last Updated: 2007-09-11 | Important Notices |