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Program of Research Contracts on Canadian Bijuralism
6th Edition – 2006-2007
INFORMATION DOCUMENT
Introduction
Background
Terms and conditions of the program
Research topics
How to apply
Introduction
The Program of Research Contracts on Canadian Bijuralism was established in 2000 to assist the Department of Justice Canada in legislative revision pertaining to the coexistence in Canada of two private law systems: civil law and common law. The purpose of this program is also to promote the development of expertise in Canadian bijuralism among law students and to contribute to the dissemination of knowledge on the subject through the publication of legal texts.
The program is open to law students who are graduates of a Canadian university and are, at the time of application, enrolled full-time in a graduate studies program, and to law students who are, at the time of application, enrolled full-time in a Canadian university in the final year of studies leading to a degree in both common law and civil law.
The value of each research contract is $5,000, plus an additional amount of up to a maximum of $500 to cover related costs.
Students wishing to submit a research proposal must do so on or before January 27, 2006.
Background
Following the enactment by the Quebec National Assembly of the Civil Code of Québec in 1990, the Department of Justice Canada adopted the Policy for Applying the Civil Code of Québec to Federal Government Activities in 1993. The purpose of this Policy was to take into account the specificity of Quebec’s civil law as well as the concepts and terminology of the new Code, which came into force in 1994. Subsequently, the Department of Justice approved in 1995 the Policy on Legislative Bijuralism, which was intended to provide Canadians with federal legislative texts that reflect, in each linguistic version, the two legal systems. Finally, the Cabinet Directive on Law-Making requires that proposed laws are properly drafted in both official languages and that they respect both the common law and civil law.
To further these policies, a legislative revision process with regard to bijuralism has been established, the results of which include the Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4, which came into force on June 1, 2001) and the Federal Law-Civil Law Harmonization Act, No. 2 (S.C. 2004, c. 25, which came into force on December 15, 2004).
Terms and conditions of the program
Eligibility criteria
Candidates must be, at the time of application:
- law graduates of a Canadian university enrolled full-time in a Masters or doctoral program; or
- law students in a Canadian university enrolled full-time in the final year of studies in a program leading to a degree in both civil law and common law.
Value and number of research contracts
Each research contract awarded by the Department of Justice Canada consists of:
- $5,000 per contract to conduct research and write an article that is fit for publication; and
- a maximum of $500 per contract for allowable related expenses (upon production of receipts).
The number of contracts awarded will be determined by the Department of Justice, depending on the quality of the applications received and available financial resources. The Department reserves the right not to award any contracts for a given edition. Selection
A selection committee will review the applications received based on the following criteria:
- the quality of the presentation of the application, in particular the quality of language, structure of ideas and clarity of the objectives;
- the relevance of the research proposal for the Department of Justice, in particular the contribution of the research to the development of knowledge on Canadian legislative bijuralism;
- the merit of the candidate, based on the transcript of marks for the law degree, and the Masters degree (where applicable), research experience, the candidate's publications, scholarships, prizes and scholastic honours, and references.
Research Topics
Each research project carried out under the program must contribute to a better understanding of issues relating to the coexistence of the civil law and the common law in Canada and to the identification of problems related to Canadian legislative bijuralism.
To this end, candidates can choose from the following topics:
| 1) |
Section 8.1 of the Interpretation Act provides for reliance on provincial private law if federal legislation is silent. The Interpretation Act provides that the term “province” also includes the territories. What is the impact of this presumption on the interpretation of federal legislation with respect to the principle of complementarity? |
| 2) |
Analyse the concept of subrogation in civil law and at common law. Compare its characteristics and the ways in which it applies. Distinguish between the available ways of implementing the transferred rights. |
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The concept of subrogation may also be analysed in a tax law context, in which case determine in what situations the concept is applicable. Specifically, do differences in provincial private law have an impact on the application of federal tax legislation? |
| 3) |
What type of rights or interests may be subject to expropriation under federal legislation? Are there differences in the type of property that may be expropriated under the various provincial private laws? What criteria are used to determine whether property may be expropriated? |
| 4) |
What are the characteristics that make mining law an exception to the property law of Quebec, Alberta and at least one other Canadian province? Compare those characteristics and, on the basis of that comparison, evaluate whether it is possible to arrive at uniform Canadian mining law principles. |
| 5) |
Conduct a comparative study of the concept of corporate veil on the basis of case law interpreting each of the following: federal legislation, Quebec legislation and the legislation of one Canadian common law jurisdiction. In particular, compare and analyse the various criteria that allow, in each of these jurisdictions, to lift the corporate veil. |
Other topics related to Canadian legislative bijuralism may be proposed. In all cases, the relevance of the proposed research for the Department of Justice will be evaluated.
The Department of Justice reserves the right to modify any proposal, to specify the terms of the research project and to offer a research contract on this basis.
Excluded research topics
A number of topics have already been the subject of a research contract or there have been papers published on them. Most of these topics can be found on the Canadian Legislative Bijuralism Site (www.bijurilex.gc.ca).
The following topics have also been the object of research projects:
- Standardization of the law of personal property security throughout the Americas;
- Interaction of the civil law with federal legislation relating to First Nations;
- The concept of indefeasible vesting in the context of tax legislation and its application in Quebec;
- Limitation periods that apply to the collection of federal tax debts;
- Security under Section 427 of the Bank Act;
- Simulation and counter letters in tax law;
- The contractual transfer of personal property and movables in Canadian law;
- The creation of a contractual obligation and its impact on commercial transactions;
- Rectification orders and similar civil law concepts in the context of tax legislation;
- The issue of collection from a partnership;
- The concept of interest in property in the context of the Income Tax Act and of the Excise Tax Act.
Unless a new aspect can be developed, these topics cannot be chosen under the Program of Research Contracts on Canadian Bijuralism – 6th Edition. We invite students to consult the web site www.bijurilex.gc.ca or contact us to determine whether a topic has already been the subject of a research project.
Obligations of the contracting parties
Successful candidates undertake to:
- provide proof that they meet all the Eligibility criteria as described above;
- submit a detailed work plan and a research timetable;
- modify the proposal as requested by the Department of Justice Canada, as the case may be, so as to present the work plan and the research reports according to the terms and conditions of the contract;
- submit periodic research progress reports together with bibliographies;
- take into account the Department’s comments and modify the preliminary research reports accordingly;
- produce, within twelve months of signing the contract, an original research report, the final version consisting of 40 to 60 pages. The quality of the report is to be such that it could be published in a legal journal or other publication;
- provide a summary of the research report of approximately two pages;
- provide paper and electronic copies of the final report as soon as it is completed;
- comply with deadlines set out in the contract;
- submit all relevant receipts for reimbursement of allowable administrative expenses, such as photocopies, faxes and telephone calls; and
- as required, be available for meetings in Ottawa or conference calls with Department of Justice officials.
The Department of Justice Canada agrees to:
- finalize contractual offers within a reasonable time once the successful candidates are notified of the selection committee's decisions;
- provide support, as needed, for the successful completion of the research project; and
- pay the amounts due according to the terms of the contract.
Note regarding copyright: Under the General Terms and Conditions of Contracts entered into by the Department of Justice Canada, intellectual property rights are vested in the contracting party (the student), subject to a non-exclusive licence granted to the Department to use, copy or translate the research report.
Additional information
For more information on the work of the Department of Justice on bijuralism in Canada, consult the Canadian Legislative Bijuralism Site (www.bijurilex.gc.ca). How to apply
Candidates wishing to apply for a research contract must complete the attached Application Form (PDF, ) - Program of Research Contracts on Canadian Bijuralism, 6th Edition – 2006-2007. The application form, and accompanying documents, must be sent to the Department of Justice Canada on or before January 27, 2006.
The application must be accompanied by the following documents:
- a resume;
- written confirmation of registration at university;
- an official transcript of marks for the law degree, and the Masters degree (where applicable);
- two letters of reference in the attached form;
- a printed detailed research proposal including the objective of the research (maximum of 2 pages), accompanied by a preliminary bibliography and a summary of about 12 lines.
The Application Form (PDF,  ) - Program of Research Contracts on Canadian Bijuralism, 6th Edition – 2006-2007 and the required documents must be sent to:
Program of Research Contracts on Canadian Bijuralism
Department of Justice Canada
275 Sparks Street, St. Andrew's Tower, 7th floor
Ottawa, Ontario K1A 0H8
The letters of reference must be sent directly by the providers of the references to the Department no later than on February 10, 2006.
For further information, contact Marie-Claude Gaudreault at (613) 946-8951 or by e-mail at contractsbijuralism@justice.gc.ca.
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