CML 3155

Assignment 1 September 29, 2011

5515007

Question No. 1 1. (1) The trustee shall, after being discharged, send to the latest known address of the bankrupt1, a written notice that they or their representative may, within the 30 days following the sending of the notice, take back any of the bankrupt's2 documents3 to which section 11 does not apply. (2) Subsection (1) does not apply if the court orders otherwise or if there is a written waiver giving up the right to be notified.4 Question No. 25 2. (1) A transporter6 shall file with the Minister the name of an agent7 who resides in Canada or has their chief place of business or head office in Canada, together with proof of willingness to act as an agent. (2) A transporter transports dangerous goods destined for Canada8 and9 is not resident in Canada or has their chief place of business or head office in a place outside Canada. (3) Transport means handling, offering for transport or transporting goods. (4) On such filing the agent is deemed to transport10 for the purposes of this Act. Question No. 3 3. (1) Every permit authorizing a person to temporarily store a prohibited or restricted firearm11 continues in force until the expiration of the period for which it was issued12 if it13
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Bankrupt is used to replace "debtor, bankrupt or officer of the bankrupt corporation" because in this provision they all refer to the same legal status of a person or corporation: one who is bankrupt. The inclusion of the word "representative" following bankrupt also clarifies that the notice would be sent to a representative of a bankrupt corporation. The additional synonyms violate the presumption against tautology. This change also assumes that debtor and bankrupt is not a term of art - that they have not been given different definitions under the Act. 2 Maintaining consistency in the use of the term "bankrupt" fulfills the presumption of consistent expression. The previous provision uses different terminology within the same sentence. 3 The phrase "books, records and documents" is merely triplets of the word "documents". As the phrase is not a word of art it can be reduced to "document". 4 The original provision embeds these two exceptions into the general rule of the provision, which make it difficult to read and understand. Extracting the exceptions and having them form their own section increases the comprehension of the rule. 5 The major problem with this question is that it is repetitive - it uses the same phrases without choosing a word that could be defined to reduce the verbiage. I have attempted to define the key phrases so as to separate them from the general rule. 6 The term "transporter" was created in order to extract the portion defining the type of "person" that this section applies to. "Person" is not a distinct term so it causes confusion. 7 "Agent" is used to replace "person" because the term is ambiguous and confusing. 8 The phrase "or for any place outside Canada through Canada" is repetitive and does not add anything to the sentence as the goods will still be destined for Canada even if their final destination is not Canada. 9 The "and" improves the readability of the provision. 10 The phrase "to be the person" can be replaced with "agent" because agent is defined in subsection (1). 11 "Particular" can be removed because it does not add anything to the sentence (it is a subjective qualifier) and removing the use of "firearm" two times allows the sentence to be more succinct without changing the meaning.

CML 3155

Assignment 1 September 29, 2011

5515007

(a) was issued under section 110 of the former Act, (b) had not been revoked before the commencement day, and (c) remained in force pursuant to section 111 of the former Act on the commencement day. (2) Subsection (1) does not apply if the permit is revoked by a chief firearms officer .14 Question No. 4 4. (1) A transaction15 referred to in the definition of a "taxable transaction",16 applies when the transferor is the government, or the transfer is between associated corporations within the meaning of section 256 of the Income Tax Act and the land being transferred includes an industrial improvement.17 (2) If the transaction applies18, the fair market value of the land with industrial improvements is deemed to be, at the election of the transferee: (a) the value of the land without industrial improvements as determined under section 19 of the Assessment Act, (b) the value of the land with19 the industrial improvements as determined under section 20 of the Assessment Act, or (c) the value resulting from an appraisal of the land with industrial improvements prepared, at the expense of the transferee, by a qualified appraiser.20 Question No. 5 5. Where21 personal injury by accident arising in22 the course of employment is caused to a worker, compensation as hereinafter provided shall be paid to such worker or his dependants23, except where the injury

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"Expressed to be" can be removed as it is a filler expression that marks time before the rest of the sentence continues. 13 Moving this portion of the sentence to the beginning of the paragraph eliminates the clause sandwich. 14 Removing the exception from subsection (1) allows the general rule to be stated first and then the exception to be identified. "For any good or sufficient reason" is removed because good and sufficient are subjective qualifiers that are not defined in the provision and thus do not add any information to the section. If good and sufficient are removed, "any reason" remains - this also does not clarify when the permit may be revoked so it can be eliminated. 15 "For the purposes of" is a filler expression and does not add anything to the provision (it only marks time before describing when the transaction applies). 16 This assumes that the definition of "taxable transaction" has been included in some prior provision of the Act. 17 By separating the entities to which the transaction applies from the rule that is being stated, the provision is easier to read. I did not separate this first part into paragraphs because this would disrupt the flow of the sentence. 18 Require lead in phrase to connect subsection (2) to subsection (1). 19 This section of the provision is not clear without making the sentence structure parallel to both (a) and (c). Both commence with referencing the value. 20 By dividing the provision into paragraphs, the various options under the rule are easily identified.

CML 3155

Assignment 1 September 29, 2011

5515007

(a) does not disable the worker for a period of at least three days from earning full wages at the work at which he was employed, unless the injury 24 results in a permanent partial disability to the worker. 25 The amount of such compensation is26 in the discretion of the Board; or (b) is attributable solely to the serious and wilful misconduct of the worker, unless the injury results in death or serious and permanent disablement.

21

"In any industry to which this part applies" is a universal qualifier - it applies to all possible situations within this Part of the Act. This assumes that this 'Part' of the Act has already been defined and it would be evident that the industries to which the Part applies remain the same. 22 "Out of and" is a double of the phrase "in the course" and can be eliminated without changing the meaning of the provision. 23 "As the case may be" is a filler expression. 24 "Provided however that where a personal injury by accident" can be reduced to "unless the injury" which shortens the phrase and better outlines the structure of the rule. 25 By restructuring slightly the wording of the rule, the repetition in subsection (a) becomes unnecessary - do not require the restatement that the Board may pay compensation when the worker is not disabled for more than 3 days. Reducing this repetition makes the provision much shorter and clearer. Also, keeping the exception within the subsection helps to identify the intricacies of the rule without having to add in too many paragraphs. 26 "To be" can be replaced with "is" - reducing the number of words in this lengthy provision.