上海市行政法制研究所译审外事室主办 （总第22期） [译文规范] 在地方性法规、政府规章和规范性文件的翻译中，我们经常会遇到一些政府部门名称的翻译，现根据多年的翻译经验并结合专家的意见，对其做出规范。 部分市级机关中英文全称与简称对照
[专家论坛] 评重译本《牛津法律大辞典》 陈忠诚 上世纪88年版的汉译《牛津法律大辞典》（光明日报出版）忽于2003年7月又由法律出版社请人重译出版了��重译名依旧是原来的《牛津法律大辞典》，而英文原名却是朴实无华的The Oxford Companion to Law。显然，原版一点也没有以“大辞典”自居的意思��倒有“伴侣”、“手册”或“便览”的意味！这也难怪，只有苏联、日本和我国才称词典为大辞典的习惯，英美可以说编幅再浩瀚的词传也没有以“大”称的。由此可见，我华夏辞书文化与英美的落差之大。 在评重译本之前，得说说原本。因为英文原本之缺陷，正是《牛津法律大辞典》之先天不足也。最引人注目的，便是词目之间有失平衡、缺乏照应。这是有悖各类词典之总规律的，例如： 一、 收词纳语缺乏方寸，犹如乌合之众： 1. 有year（年）有day（日）而无month（月）； 2. （同为“海洋法”）仅有sea laws而无law of the sea； 3. （表示“性”的词）只知其一“sex”而不知其二“gender”； 4. （“终审法院”）但给“court of last resort”而不给“court of last instance”； 5. 表示“全席审庭”仅为“inbanc”而不见“embanc”，而更为常见的，也许还是后者； 6. （“工会“）仅有“trade union”而缺“labor union”; 7. （“法官”）只是“justice”而不见”judge”； 8. （“法人”）仅有“corporation”却无“body corporate”等等； 9. 有“general average”可查,却无相应的“particular average”可考； 10. （“口头证据”）只有“parole or parole evidence”、“testimony”以为是很“全”了，孰不知还有“oral evidence”，更有“verbal evidence”哩； 11. “pactional damages”一目内明明标注着参见“liquidate damages”却怎么也查不到“liquidate damages”！ 12. 有“general average共同海损”可查，却无相应的“particular average单独海损”可考！ 13. 只有表示“成年”、“多数”的“majority”而没有表示“未成年”、“少数”的“minority”！ 14. 同是“上诉法院”只有“court of appeal”而没有“court of appeals”，更别想查到“appellate court”了！ 15. 表示“举证责任”的仅有非驴非马的“onus（拉丁文）of burden（英文）”却无亦驴（“burden of proof”）亦马（onus probandi）的道地纯品！ 诸如上述，如果说问题全在大辞典的原作者，即所谓先天不足；那么一下诸例，怕主要归责于译者群体��特别是学有专长的该辞典的主编。 二、 该“大辞典”系由译解辞典而系通过翻译而转变为双语词典（词目为英语而释文译为汉语），从而受翻译词典规律的支配，这里孰不侈谈大道理，但有一点不得不说：这种词典，贵在最大限度的确切。当然这是要求，能否完全做到呢？没有，试举例以明之： 16. Res judicate已决事项不再理原则��>宜作：一事不再理（原则） 17. delegated legislation授权立法��>委托立法； 18. reasons for decisions判决根据��>判决理由； 19. “pupil未成年人”一目的释文中有“未成年人仅具有限的行为能力”，其中“有限的”宜作“限制”（行为能力）��既确切又符合术语； 20. “self-defence”作“自卫”尚不得为错，但根据“具体词语具体翻译”原则，自应以“正当防卫”为首选译名； 21. “identification认定”��依该目释义之界定，自宜译作“同一认定”； 22. “industry工业”��此乃“industry”初期之译；现见多识广，人们早已以“企业”译之了，如“hotel industry”乃至等而下之“prostitution industry”了； 23. “Nulla poena sine lege法无明文不处罚”��>宜译作“法无明文者不罚”，尊重法谚之文体也； 24. “suit诉讼”，自以译作“民事诉讼”为贴切； 25. “J./Justice审判官”，自以作“（高级法院）法官”为宜； 三、此外，法律翻译有法律翻译的特殊规律，更非严格遵守不可，此即“译名同一律”，即：除极少数因特殊历史原因而形成的例外情况外，必须恪守译名同一律，即具有同一法律内涵之概念必须确定同一译名，贯穿始终，一陈不变。这是与如文学讲求词藻多变，切忌用词单调、呆板之类的要求适得其反，例如： 26. 同一概念“brief”必须坚持同一译名，像《牛津大辞典》那样一会儿译作“案情摘要”（见“brief”目），一会又译作“诉讼要点”（见“retaimer”一目释文所译），兴至为之，同名（又同一义项）异译，是不能允许的； 27. 同样“solicitor”一词异译为“诉状律师”、“初级律师”��见《大辞典》P1046-1047），应统一于“事务律师”（见外文出版社《汉英法律词典》）； 28. “copyright”一目在全部释文之中一律只译作“版权”，而以之立目的“copyright”却亦异译为“著作权”了，显然违规； 29. 同一概念“royal”却被异译为“王室”（royal fish王室的鱼）和“皇家”（royal forest皇家猎场）； 30. “contributory negligence”在此目之译名为“共同过失”；而在此目释文中，却被同名异译为“共有过失”了； 31. “jury”在“death qualified jury”一目中与另一目“jury”中完全是同一概念，但这样一个英美法中的基本概念却也横遭《牛津法律大辞典》的译者诸公同名而异译为“陪审员”于先，“陪审团”于后��姑不问孰是孰非，显然必有一错； 32. 同名异译现象之严重，莫过于作为“女王”解的“Queen”（且不说其误译为“后”（如“后座法庭”））之被异译为“王”、“女王”、“王室”、“皇室”，乃至“政府”（如“Queen’s coroner”之译作“政府验尸官”）、“国家”（如“Queen’s Prison”之译作“国家监狱”）、乃至“公”（如“Queen’s enemy”之译作“公敌”），作为收入《牛津法律大辞典》之法律术语且由国际私法学“博士生导师”（中国少见多怪，贻笑大方之称）、国际私法学终身教授李双元先生组织翻译并亲自审定云云，不胜诧异！ 当然，译英国情事王与皇不分，女王与王后不分，由来已久，绝非《牛津》与李氏首创，乃代代相传、因循之谬也。 四、如前所述，法律翻译（尤其术语）其规律在于力求精确，在于同一，然则《牛津法律大辞典》却颇有舛误，殊属遗憾��其由今日学风浮躁所有以致之者乎？！兹亦略指其要： 33.“perpetuating testimony”误作“证据保全”，按“证据”系“口头证据”之谬； 34.“sentence刑事判决”，应作“刑事有罪判决”（大半科刑，亦有不科刑）； 35.“consideration对价”，此译谬矣。按“对价”，其前提为有“价”可“对”；如无“价”可“对”，又何“对价”之有��唯“约因”而已矣。“对价”乃“valuable consideration”也； 36.“legal ethics法律职业道德”，此译虽离正译不远，却亦不中焉。其弊在于做表面文章，怠于深入其实质，满足于鲁迅所说的“硬译”��“legal”译“法律”，大学法科一年生也会！按“legal ethics”之界定乃“律师界成员在从事律师业务时应遵守的道德原则”（《牛津法律大辞典》），近在咫尺，何以视而不见！！ 37.“KKK”萧规曹随，因循守旧，明明是“两K党”（第三个K是“党”字），偏要冬瓜撞木钟，抄老文章得过且过。原文若是“KKK Klank”才可能是“三K党”啊！（所谓“约定俗成”虽是翻译规则之一，却不是主导的翻译规则！） 38.“The Law Society律师协会”此译差矣��按其在《牛津法律大辞典》自身的价定，乃“事务律师协会”，而非泛泛的、包罗万象的什么“律师协会”��这种“律师协会”在律师两元制的英国是没有也不可能有的！ 39.“testate succession遗嘱继承法”而同目释义中“无遗嘱继承”之英语却是“intestate succession”；然则，“succession”究竟是“继承法”耶，抑或“继承”耶？两者必居其一！ 40.“unliquidated damages未确定的损害赔偿”��又错了。此乃复数“damages”，非“损害赔偿”，乃“损害赔偿金”也。 41.“untried prisoner”竟误作“未决犯”！非“未决犯”，“未审犯”也！ 42.“modus operandi”竟作“惯技”！此语正译通常作“作案手法”为是； 43.“nullification否认原则”又是误译！其词根为“null”乃“无效”之意与“否认”何涉？该目释文“在美国，是指一种理论，即主张各州有权宣布该州认为违宪的联邦行为在本州内无效”。瞧，是“无效”，不是“否认”！ 44.“Riot Act”译作“取缔暴动法”――百分之百地正确。奇怪的是该目释文中忽指称“该法”为“该法案”，从而犯了把“法案”同“法”混为一译的由来已久的常犯错误――此错亦非《牛津法律大辞典》的原创而是有六十多年的错史了。 45.英国只有“国王”（男王和女王）而无“国皇”；既然如此，曰称“王”可而称“皇”不可，故“royal pardon皇家赦免”、“Royal Courts of Justice 皇家法院”或“Royal Forces皇家武装力量”之类，均属无稽之译！ 以上我们从四个方面举例环绕一个中心议题初步论述了《牛津法律大辞典》的不足和错误，特别是：法律术语务必力求译名同一、高度准确和绝对无误，从而维护法律之严肃性以保证译者之责任感。 《牛津法律大辞典》乃1980年的版本，要求其新，殆不可能。我们只能退而求其次，求其二十余年之旧了。这就是说，该《法律大辞典》也许得以法学史料为其特色了吧。此外，有关法学人名的条目较多，亦堪称其长，惜往往语焉不详，似有简陋之嫌，如Roscee Pound之由中国情结，一笔亦未带过，而帝俄苏修跨时代法学家A.BuwNHckuN且未载其在托洛斯基一案中的作用，而给多留下了一份遗憾！ 加拿大法规行文参考(一) 周建中 笔者虽从事法规的汉译英多年，但一直在摸索和学习之中。值此旅居加拿大期间，笔者注意阅读了该国的法规。加拿大是个英法双语国家，在用词及语法结构上有其特色。笔者认为有许多行文方式可以作为法规翻译工作者的参考。 以下例句摘自加拿大安大略省的各种法规 (下划线为笔者所加)： 一、条款项名称 Acts and Regulations: part I, section 2, subsection (1), clause (a), subclauses i, ii, iii, and iv… 有时在section 下面用 paragraph 1,2,3, or 4。 二、法规名称用斜体字 Non-application (4) The Corporations Act, the Corporations Information Act and the Insurance Act do not apply to AgriCorp or corporations constituted under subsection 16 (1). 1996, c. 17, Sched. A, s. 1 (4). 英语中没有与汉语中的引号相对应的标点符号，现使用“ ”, 笔者以为不如用英语中的斜体字。 三、小标题short title用词简略，使用不完整的词句。 Regulations re power of entry; Rules re hearings; No need to specify premises； Where child not returned to parent within twelve hours; Hearings private unless court orders otherwise; 例如 Court may withhold report from child（省略冠词） (6) The court may withhold all or part of the report from the child where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm. 四、施行日期 (“施行”多用COME INTO FORCE) 例如： This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. 1993, c. 27, Sched. Effective date (2) The designation takes effect on the date specified in the regulation. 2001, c. 33, s. 2 (2). Effective date of terminations (27) The terminations are effective on the day the Minister is served with the notice. Review of this Act 55. The Minister may conduct a review of this Act after three years have passed since the day this section comes into force.?2001, c. 20, s. 55. Pre-Act work (2) This Act applies in respect of a site or environmental assessment referred to in subsection (1) even if work relating to the site or environmental assessment was done before the coming into force of this Act. 1992, c. 1, s. 13 (2). Transitional 14. (1) The Board may deal with any matter referred to it by the Minister before this Act came into force in the same manner as if it were a matter referred to it after this Act came into force. 2000, c. 36, Sched., s. 14 (1). Same (2) All consents given by the Minister before the day this Act came into force shall be deemed to be consents given under this Act. 2000, c. 36, Sched., s. 14 (2). Retroactive (3) A regulation under this section may be retroactive to a date no earlier than the day this Act comes into force. 2004, c. 9, s. 10 (3). 五、常用 thereof, thereon, thereto, therefrom, therefor, thereafter, thereunder, thereby, thereupon, therewith 例如： Admission to teachers’ college (g) prescribing the terms and conditions upon which students may be admitted to a teachers’ college, remain therein and be dismissed therefrom; Claim for compensation 68. A person applying for compensation pursuant to section 67 shall make application therefor to the Director in writing, setting out therein the person's full name and address and the particulars of the person's claim and shall furnish to the Director such additional information with respect to the subject-matter of the claim that the Director may require and that is within the person's knowledge. R.S.O. 1990, c. E.19, s. 68. Director's certificate, compensation 69. The Director may award compensation under section 67 in such amount and on such terms and conditions as appear just under the circumstances and shall set out the award in a certificate together with written reasons therefor and send a copy thereof to the applicant by registered mail at the address set out in the application. R.S.O. 1990, c. E.19, s. 69. Appeal, certificate of compensation 71. The applicant may appeal to the Tribunal at any time before the certificate of the Director becomes final and the procedure thereon shall be the same as upon an appeal from an order of the Director under Part XIII. R.S.O. 1990, c. E.19, s. 71; 2000, c. 26, Sched. F, s. 12 (12). Entry and removal 95. (1) For the purpose of carrying out any duty imposed or order or direction made or given under this Part, any person subject to the duty or to whom the order or direction is made or given and that person's employees and agents may, (a) enter any place; (b) construct structures and use machinery, structures, materials and equipment therein or thereon; and (c) remove therefrom the pollutant or any matter, thing, plant or animal or any part of the natural environment that is affected or that may reasonably be expected to be affected by the pollutant. 六、尽量用单数 No person shall… Every person who…; A person… 例如： Obligation of spouses and same-sex partners for support 30. Every spouse and every same-sex partner has an obligation to provide support for himself or herself and for the other spouse or same-sex partner, in accordance with need, to the extent that he or she is capable of doing so. R.S.O. 1990, c. F.3, s. 30; 1999, c. 6, s. 25 (3). Obligation of parent to support child 31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2. Obligation of child to support parent 32. Every child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so. R.S.O. 1990, c. F.3, s. 32. Information for the public 18. The Minister shall make every annual report of every community care access corporation available to the public and may make available such other information about each corporation as he or she considers to be necessary in the public interest. 2001, c. 33, s. 18. 七、 处罚条款：必有“be guilty of...” 和 on conviction (convicted of ) ...is liable to...；多用a fine of not more than... Offence (3) A person who contravenes subsection (2) is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. 2001, c. 33, s. 17 (3). Offence 15. Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence. R.S.O. 1990, c. E.1, s. 15. Offence (2) Every owner and every manager of a hotel who fails to keep posted the notice required by subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. H.17, s. 5 (2). Offence, litter 89. (1) Every person who fails to comply with a (any) provision of this Part or a provision of a regulation relating to this Part that relates to litter is guilty of an offence and is liable on conviction to a fine of not more than $1,000 on a first conviction and not more than $2,000 on each subsequent conviction. Idem, corporation (2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed is $2,000 on a first conviction and $5,000 on each subsequent conviction and not as provided in subsection (1). R.S.O. 1990, c. E.19, s. 89. A person convicted of an offence under subsection (4) or (6.1) is liable to a fine of not more than $1,000. 1999, c. 2, s. 22 (3). Penalty 4. (1) Every person who contravenes section 3 is guilty of an offence and is liable, (a) on the first conviction to a fine of not more than $50,000; and (b) on each subsequent conviction to a fine of not more than $100,000, or to imprisonment for a term of less than two years. R.S.O. 1990, c. D.1, s. 4 (1). Penalty for offence under subs. (2) (2.2) Every person who is guilty of an offence under subsection (2) is liable, on conviction, (a) to a fine of not more than $1 million for the day during which the offence first occurs and to an additional fine of not more than $20,000 for each day during which the offence continues; (b) to imprisonment for a term of not more than six months; or (c) to both a fine described in clause (a) and imprisonment described in clause (b). 2002, c. 1, Sched. C, s. 3 (5). Increasing fine by amount of monetary benefit (2.3) Despite the maximum fine provided in subsection (2.1) or (2.2), the court that convicts a person of an offence under clause (1) (a) or (b) or (2) (a), (b) or (c) may, in addition to any other penalty imposed or order made under this section, increase the fine imposed on the person for the commission of the offence by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as a result of the commission of the offence. 2002, c. 1, Sched. C, s. 3 (5). Penalties 46. (1) An individual convicted of an offence under this Act is liable to, (a)on a first conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; (b)on each subsequent conviction, a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; (c)imprisonment for a term of not more than two years; or (d)both the fine mentioned in clause (a) or (b) and the imprisonment mentioned in clause (c).?2001, c. 20, s. 46 (1). Impose such fine as the committee considers appropriate, to a maximum of $25,000 or such lesser amount as is prescribed, to be paid by the licensee to the Minister of Finance or to such other person as may be prescribed. Idem (2) Every person who contravenes any provision of this Act or the regulations for which no other penalty is provided by this Act is guilty of an offence and is liable on conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding one year. R.S.O. 1990, c. D.1, s. 4 (2). Offence 11. (1) Every person is guilty of an offence who, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be provided under this Act or the regulations; or (b) contravenes any provision of this Act. 2000, c. 36, Sched., s. 11 (1). Penalty (2) Every person who is guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $25,000 if the person is an individual or $100,000 if the person is a corporation; (b) to imprisonment for a term of not more than one year; or (c) to both a fine under clause (a) and imprisonment under clause (b). 2000, c. 36, Sched., s. 11 (2). Operating tourist establishment without a licence (3) In addition to the penalty provided in subsection (1), a person who is convicted of a contravention of section 3 is liable to a fine of $50 for each day the offence continues, not exceeding ninety days. R.S.O. 1990, c. T.16, s. 15 (3). Administrative penalties 41. (1) If, (a) a director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act or has failed to comply with a condition of a licence, certificate or permit; and (b) the contravention or failure is not one in respect of which a director is required by a regulation made under subsection (16) to issue a notice described in this subsection, the director may, subject to the regulations under subsection (16), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues. 2001, c. 20, s. 41 (1). Amount of penalty (4) The amount of an administrative penalty in respect of a contravention or failure, (a) shall not exceed $15,000 for each day or part of a day on which the contravention or failure occurs or continues, if the contravention or failure is one in respect of which a director may issue a notice under subsection (1); (b) shall be the amount specified in the regulation made under subsection (16), if the contravention or failure is one in respect of which a director is required by that regulation to issue a notice under subsection (2) and the regulation sets a specific amount for the penalty; (c) shall be within the range of amounts specified in the regulation made under subsection (16), if the contravention or failure is one in respect of which a director is required by that regulation to issue a notice under subsection (2) and the regulation sets a range of amounts for the penalty. 2001, c. 20, s. 41 (4). Penalty (3) An individual convicted of an offence under subsection (1) is liable to, (a) in the case of an offence other than one described in clause (b), a fine of not more than $10,000 or imprisonment for a term of not more than one year, or both; and (b) in the case of an offence for contravention of the fire code, a fine of not more than $25,000 or imprisonment for a term of not more than one year, or both. 1997, c. 4, s. 28 (3). Penalties 46. (1) An individual convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; (b) on each subsequent conviction, a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; (c) imprisonment for a term of not more than two years; or (d) both the fine mentioned in clause (a) or (b) and the imprisonment mentioned in clause (c). 2001, c. 20, s. 46 (1). Corporation (2) A corporation convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues; or (b) on each subsequent conviction, a fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues. 2001, c. 20, s. 46 (2). First offenders receive a $255 fine, while repetitive offenders can be charged up to $5,000. To whom fine, etc., to be paid 4. Every fine imposed for a contravention of any statute in force in Ontario and the proceeds of every forfeiture imposed and given to the Crown shall, where the disposal thereof is within the power of the Legislature, and except so far as other provision is made in respect thereto, be paid to the Treasurer of Ontario and shall form part of the Consolidated Revenue Fund. R.S.O. 1990, c. F.13, s. 4. 八、期限的表述: within the prescribed time； within such time as is prescribed 1) Where an application for an adoption order is not heard within twelve months of the day on which the applicant signed it, 2) within the week immediately following the day that is fourteen days after the child is placed, Records must be retained for less than six years following the date a decision is rendered.；within forty-five days immediately preceding the application。 3) within thirty days of the referral；within thirty days after the day of the appointment；. within ten days of the making of the application 4)shall, within thirty days of completing the review, make a report of its findings and recommendations to the Minister； Appointment of board of arbitration 50.2 (1) Within seven days after the day upon which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, each of the parties shall appoint to a board of arbitration a member who has agreed to act. Term of office (5) A director may be appointed for a term not exceeding three years, but may be eligible for reappointment except that a director shall not serve for more than two consecutive terms, but any such director shall be again eligible for appointment after the expiration of one year following completion of two consecutive terms. Time limit (3) No proceedings under this section may be instituted after two years from the day the offence was committed. R.S.O. 1990, c. D.1, s. 4 (3). Consent to delivery (2) In such circumstances as may be prescribed, a purchaser under a contract described in subsection (1) may consent to the provision by the operator of all or part of the licensed supplies and services under the contract within 30 days after the day the contract is made. 2002, c. 33, s. 43 (2) Obligation to bargain 48. (1) The employer and the bargaining agent shall meet within 15 days after the notice is given, or within such longer period as they may agree upon, and they shall bargain in good faith and make every reasonable effort to make a collective agreement. (3) An application for an extension of time may be made either before or after the expiration of the time fixed in subsection (1) but shall be made within 30 days after a copy of the order under subsection 21 (1) or (2) is served. 1997, c. 4, s. 25 (3). Application to judge (2) An application under subsection (1) shall be made within sixty days of the date of forfeiture to the Ontario Court (General Division). R.S.O. 1990, c. F.13, s. 6 (2). within, (a) 15 days after the day of publication in a local newspaper; or (b) if the appeal is brought by the applicant or registrar and that person receives a copy of the municipality’s decision after the day it was published in a local newspaper, 15 days after the day the applicant or registrar, as the case may be, receives a copy of the decision Execution of agreement (5) Within five days of the date of the decision of the board of arbitration or such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the board and any agreement of the parties, and the document thereupon constitutes a collective agreement. Failure to execute agreement (7) If the parties or either of them fail to execute the document prepared by the board within a period of five days from the day of its submission by the board to them, the document shall come into effect as though it had been executed by the parties and the document thereupon constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1). (4) A notice to a cemetery owner under subsection (3) shall state that the cemetery owner is entitled to a hearing by the Tribunal to review the registrar’s determination if the owner mails or delivers, vithin 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal. 2002, c. 33, s. 54 (4). Six-month maximum (3) An order made under subsection (1) shall be in force for a specified period not exceeding six months. Term of agreement limited (5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director's written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed an aggregate of twelve months. R.S.O. 1990, c. C.11, s. 29 (5). Order ends at eighteen (3) No order made under subsection (1) shall extend beyond the day on which the child attains the age of eighteen years. Where order expires after eighteenth birthday (4) A person who is the subject of an order made under subsection 117 (1) or 120 (5) may be kept in the secure treatment program after attaining the age of eighteen years, until the order expires. R.S.O. 1990, c. C.11, s. 118 (4). Term of licence (3) A licence issued under this section, (a) becomes effective on the 1st day of April of the year in which it is issued or the date on which it is issued, whichever is the later; and (b) expires with the 31st day of March next following unless sooner suspended or cancelled. R.S.O. 1990, c. T.16, s. 4 (3). Expiry of warrant (7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by the investigator named in the warrant. 2002, c. 33, s. 70 (7). Limitation period 45. No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of, （a）the day on which the offence was committed; and (b) the day evidence of the offence first came to the attention of a director.?2001, c. 20, s. 45. (2) The report shall be submitted to the Director no later than June 1 in the year that follows the year to which the report relates. Refund (2) An operator who receives a notice of cancellation under subsection (1) shall, within 30 days of receiving the notice, refund to the purchaser all money received under the contract together with any income earned on that money. 2002, c. 33, s. 41 (2). Report to Minister (3) Within 14 days after being appointed or within such longer period as the parties may agree upon, the conciliation officer shall report the results of his or her endeavour to the Minister. Application (9) This section applies to money received by an operator on or after the day this section comes into force. 2002, c. 33, s. 52 (9). Transfer of money, etc. (3) If money is placed in a trust account under this section, it shall be transferred into the cemetery operator’s care and maintenance fund or paid out within no less than 30 days and no more than 60 days. 2002, c. 33, s. 55 (3). Effective date of order (9) Unless there is an appeal of the order under section 89, an order to close a cemetery takes effect on the later of, (a) the day that is 30 days after the day the order is made; (b) 30 days after the last day on which notice was given to a person under subsection (8); or (c) the day set out in the order. 2002, c. 33, s. 88 (9). To be continued [法律文本] 编者按：本栏目主要刊载国外通用的格式法律文本，以为大家提供一个学习和研究各类法律文件的园地。 本期所刊载的两篇委托书摘选自《涉外商务英语函件》（赵如松主编 1997第一版）。 一、限权委托书 LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS，that, I, (name) residing at (address) , do hereby make, constitute and appoint (name of attorney) residing at (address) , as the true and lawful attorney-in-fact for me and in my name, place and stead, and on my behalf, and for my use and benefit with respect to the following matter(s): _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ This instrument shall be construed and interpreted as a limited power of attorney. The enumeration of specific items, rights or powers herein shall not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the limited power herein granted to said attorney-in-fact. The rights, powers and authority of said attorney-in-fact granted in this instrument shall commerce and be in full force and effort on ___________,19____, and such rights, powers and authority shall remain in full force and effect thereafter until I, (name of the mandatory) ,give notice in writing that such power is terminated. It is my desire, and I so freely state, that this power of attorney shall not be affected by my subsequent disability or incapacity. Furthermore, upon a finding of incompetence by a court of appropriate jurisdiction, this power of attorney shall be irrevocable until such time as said court determines that I am no longer incompetent. (signature) I, (name of the mandator) , whose name is signed to the foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed this power of attorney; that I am of sound mind; that I am eighteen(18) years of age or older; that I signed it willingly and am under no constraint or undue influence; and that I signed it as my free and voluntary act for the purpose therein expressed. (signature) (NOTARY PUBLIC) 二、全权委托书 FULL POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS，that, I, (name) residing at (address) , do hereby make, constitute and appoint (name of attorney) residing at (address) , as the true and lawful attorney-in-fact for me and in my name, place and stead, and on my behalf, and for my use and benefit，in the following matter(s): 1. To ask, demand, sue for, recover and receive all manner of goods, chattels, debts, rents, interest, sums of money and demands whatsoever, due or/and owing, or belonging to me, and to make, give and execute acquaintances, receipts, satisfactions or other discharges for the same, whether under seal or otherwise; 2. To make, execute, endorse, accept and deliver in my name or in the name of my aforesaid attorney all checks, notes, drafts, warrants, acknowledgments, agreements and all other instruments in writing, of whatever nature, as to my said attorney-in-fact may seem necessary to conserve my interests; 3. To execute, acknowledge and deliver any and all contracts, debts, leases, assignments of mortgage, extensions of mortgage, satisfactions of mortgage, releases of mortgage, subordination agreements and any other instrument of agreement of any kind or nature whatsoever, in connection therewith, and affecting any and all property presently mine or hereafter acquired, located anywhere, which to my said attorney-in-fact may seem necessary or advantageous for my interests; 4. To enter into and take possession of any lands, real estate, tenement, houses, stores or buildings, or parts thereof, belonging to me that may become vacant or unoccupied, or to the possession of which I may be or may become entitled, and to receive and take for me and in my name and to my use all or any rents, profits or issues of any real estate to my belonging, and to let the same in such manner as to my attorney shall seem necessary and proper, and from time to time to renew leases; 5. To commence, and prosecute in my behalf, and suits or actions or other legal of equitable proceedings for the recovery of any of my lands or for any goods, chattels, debts, duties, demand, cause or thing whatsoever, due or to become due or belonging to me, and to prosecute, maintain and discontinue the same, if he or she shall deem proper; 6. To take all steps and remedies necessary and proper for the conduct and management of my business affairs, and for the recovery, receiving, obtaining and holding possession of any lands, tenements, rents, or real estate, goods, and chattels, debts, interest, demands, duties, sum or sums of money or any other thing whatsoever, located anywhere, that is, are or shall be, by my said attorney-in-fact, thought to be due, owing, belonging to or payable to me in my own right or otherwise; 7. To appear, answer and defend in all actions and suits whatsoever that shall be commenced against me and also for me and in my name to compromise, settle and adjust, with each and every person or persons, all actions, accounts, dues and demands, subsisting or to subsist between me and them or any of them, and in such manner as my said attorney-in-fact shall think proper; herby giving to my said attorney power and authority to do, execute and perform and finish for me and in my name all those things that shall be expedient and necessary, or which my said attorney shall judge expedient and necessary in and about or concerning the premises, or any or them, as fully as I could do if personally present, herby ratifying and confirming whatever my said attorney shall do or cause to be done in, about or concerning the premises and any part thereof. The instrument shall be construed and interpreted as a general power of attorney. The enumeration of specific items, rights or powers herein shall not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers herein granted to said attorney-in-fact. The rights, powers and authority of said attorney-in-fact granted in this instrument shall commence and be in full force and effect on (date) , 19___, and such rights, powers and authority shall remain in full force and effect thereafter until I give notice in writing that such power is terminated. It is my desire, and I so freely state, that this power of attorney shall not be affected by my subsequent disability or incapacity. Furthermore, upon a finding of incompetence by a court of appropriate jurisdiction, this power of attorney shall be irrevocable until such time as said court determines that I am no longer incompetent. (signature) I, (name of the mandator) , whose name is signed to the foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed this power of attorney; that I am of sound mind; that I am eighteen(18) years of age or older; that I signed it willingly and am under no constraint or undue influence; and that I signed it as my free and voluntary act for the purpose therein expressed. (signature) (NOTARY PUBLIC) |
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法规翻译 2005第1期
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