CHAPTER 4
INTERPRETING THE ACT AND THE REGULATIONS
4.2 Rules of Interpretation in the Case Law
4.2.1 Ordinary Meaning or Literal Construction Rule
This method was enunciated in an old case and is often considered the golden rule:
This "rule" can be divided into two principles: (a) the principle that requires that the words of a provision be interpreted in their grammatical and ordinary sense, and (b) the principle that the grammatical and ordinary sense of the words be followed unless it leads to an absurdity, repugnancy or inconsistency.581
Under this approach, words must be given the meaning ascribed to them in ordinary parlance. They must be given the meaning they had on the day of enactment; no additions should be made to the terms of the statute, and the effects of those terms should not be attenuated.582
The context in which the word is used - that is to say the statutory "environment" of a definition (the other provisions of the statute and related statutes) - must be taken into account. For example, if there can be two definitions of a term, the one that best suits the context should be used.
The ordinary meaning should not be followed if it leads to a patent absurdity or inconsistency.583 Absurdity should be understood to mean an interpretation that leads to ridiculous or futile consequences.
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