Harmonization Acts and Related Information
To date, three harmonization Acts have been adopted in order to harmonize federal law with the civil law of Quebec. Other laws or regulations have also been adopted in recent years to make harmonization amendments. The legislative measures that have been taken will be explored in the following order:
- 1) Federal Law–Civil Law Harmonization Act, No. 1
- 2) Federal Law–Civil Law Harmonization Act, No. 2
- 3) Federal Law–Civil Law Harmonization Act, No. 3
- 4) Other amending Acts and regulations
1) Federal Law–Civil Law Harmonization Act, No. 1
The Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4 amended 49 Acts, including the Interpretation Act, the Federal Real Property and Federal Immovables Act, the Bankruptcy and Insolvency Act and the Crown Liability and Proceedings Act.
a) Public Consultations
- The Harmonization of Federal Legislation with Quebec Civil Law and Canadian Bijuralism – Respecting the Coexistence of Canada’s Two Legal Traditions, November 1997. (copy available at bijurilex@justice.gc.ca)
- Program for the Harmonization of Federal Legislation with the Civil Law of the Province of Quebec, Fall 1999. (copy available at bijurilex@justice.gc.ca)
b) Press Releases
- Bill to harmonize federal legislation with Quebec civil law, January 31, 2001. (copy available at bijurilex@justice.gc.ca)
- The Minister of Justice and Attorney General of Canada, the Honourable Anne McLellan, is pleased to announce the coming into force of the Federal Law – Civil Law Harmonization Act, No. 1, June 1, 2001. (copy available at bijurilex@justice.gc.ca)
c) Backgrounder
Bill to harmonize federal laws with Quebec civil law, January 31, 2001. (copy available at bijurilex@justice.gc.ca)
d) Parliamentary Business
S-4 – A first Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
Please consult the Parliament of Canada website (LEGISinfo).
2) Federal Law–Civil Law Harmonization Act, No. 2
The Federal Law–Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, amended 26 statutes. It completed the harmonization of 23 Acts, which were partially harmonized by the Federal Law–Civil Law Harmonization Act, No. 1, notably the Bank of Canada Act, the Bankruptcy and Insolvency Act, the Crown Liability and Proceedings Act and the National Energy Board Act.
a) Public Consultations
- Second series of proposals to harmonize the federal law with the civil law of the Province of Quebec, January 2003.
- Harmonization of the Bankruptcy and Insolvency Act with Quebec Civil Law, Revue juridique Thémis, volume 37, Nos. 1 and 2 – 2003.
b) Press Releases
- Legislation to Improve Federal Legislation by Harmonizing it with Civil Law, October 19, 2004. (copy available at bijurilex@justice.gc.ca)
- Legislation to Harmonize Federal Legislation with Civil Law receives Royal Assent, December 16, 2004. (copy available at bijurilex@justice.gc.ca)
c) Backgrounder
A Second Bill to Harmonize Federal Law with the Civil Law of the Province of Quebec, October 2004. (copy available at bijurilex@justice.gc.ca)
d) Parliamentary Business
S-10 – A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
Please consult the Parliament of Canada website (LEGISinfo).
3) Federal Law–Civil Law Harmonization Act, No. 3
The Federal Law–Civil Law Harmonization Act, No. 3, S.C. 2011, C. 11, made harmonization changes to 12 statutes, including the Canada Business Corporations Act, the Canada Cooperatives Act and the Expropriation Act.
a) Public Consultations
Third series of proposals to harmonize federal law with the civil law of the Province of Quebec, February 2008.
b) Press Release
Legislation to Improve the Application of Federal Legislation by Harmonizing it With the Civil Law of Quebec, September 29, 2011. (copy available at bijurilex@justice.gc.ca)
c) Backgrounder
A Third Bill to Harmonize Federal Law with the Civil Law of Quebec, September 29, 2011. (copy available at bijurilex@justice.gc.ca)
d) Parliamentary Business
Please consult the Parliament of Canada website (LEGISinfo).
4) Other Amending Acts and Regulations
Here are some examples of amending Acts and regulations that have been adopted to make harmonization amendments to federal law:
- Income Tax Amendments Act, 2000, S.C. 2001, c. 17;
- An Act to amend the Customs Act and to make related amendments to other Acts, S.C. 2001, c. 25;
- Rules Amending the Bankruptcy and Insolvency General Rules (Miscellaneous Program), SOR/2009-270;
- An Act to amend the First Nations Land Management Act, S.C. 2007, c. 17;
- Regulations Amending Certain Department of Industry Regulations, SOR/2010-128 these regulations harmonized the Canada Business Corporations Regulations, 2001, SOR/2001-512 and the Canada Cooperatives Regulations, SOR/99-256);
- Regulations Amending the Controlled Goods Regulations, SOR/2010-303.
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