4. Questions and Answers

Questions and Answers

Bill S-11, A fourth Act to harmonize federal law with the civil law 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

Harmonization and Bijuralism

Harmonization Initiative

Bill S-11 – Fourth Harmonization Bill

Indigenous Matters

Harmonization and Bijuralism

Q 1 What is harmonization?

Q 2 What are the foundations of harmonization?

Q 3 What is the purpose of harmonization?

Q 4 How does federal legislation interact with provincial private law?

Q 5 What is the commitment of the Government of Canada concerning bijuralism?

Q 6 Why does the federal government have to harmonize its legislation with the private law of the provinces, including the civil law of Quebec?

Q 7 Is harmonized federal legislation more complicated and difficult to understand?

Q 8 Are there any guides that would allow the reader to determine when common law or civil law concepts apply in federal legislation?

Harmonization Initiative

Q 9 Who harmonizes federal legislation?

Q 10 Will all federal legislation be harmonized?

Q 11 Has any harmonization work already been done?

Q 12 Why is harmonization carried out through omnibus legislation?

Q 13 How does the harmonization initiative pertain to federalism and federal-provincial-territorial relations?

Q 14 To date, how many statutes, regulations and other statutory texts have been examined as part of the harmonization initiative and how many of these texts have been harmonized?

Statutes:

Regulations and Other Statutory Instruments:

Q 15 The harmonization initiative was launched in 1998. Why is this initiative not yet completed?

Q 16 In December 2010, in his appearance before the Standing Senate Committee on Legal and Constitutional Affairs, at the consideration stage of the third harmonization bill, the then Minister of Justice, the Honourable Rob Nicholson, stated that “[t]his by no means will be the last harmonization bill that you will see.” In addition to the current Bill, what are the Department of Justice’s plans for similar future legislation?

Bill S-11 – Fourth Harmonization Bill

Q 17 Who was consulted as part of the preparation for the fourth harmonization bill?

Q 18 The public consultations go back to 2017. Are those consultations still relevant for the harmonization amendments included in Bill S-11?

Q 19 What is the economic impact of the fourth harmonization bill?

Indigenous Matters

Q 20 Why doesn’t the Bill address Indigenous customs, traditions, rules and legal orders of Indigenous peoples?

Q 21 What is the Government of Canada doing on the matter of Indigenous customs, traditions, rules and legal orders of Indigenous peoples if these are not addressed by Bill S-11?

Q 22 Were Indigenous communities consulted in the course of preparing the fourth harmonization bill?

Q 23 The fourth harmonization bill takes into account terminology and legal concepts in both official languages. What about the terminology and concepts in Indigenous languages?