Department of Justice

THE MINISTER OF JUSTICE TABLES THE FIRST BILL TO HARMONIZE FEDERAL LEGISLATION WITH QUEBEC CIVIL LAW

OTTAWA, June 12, 1998 - Today, Anne McLellan, Minister of Justice and Attorney General of Canada, tabled the first bill to harmonize federal legislation with Quebec civil law. This initiative will ensure that all existing federal legislation that deals with private law integrates the terminology, concepts and institutions of Quebec civil law.

This harmonization project is a unique legal undertaking, unprecedented in the world. It is the first time that a government attempts to harmonize the terminology and concepts of two legal systems. The Government of Canada is providing the means to take advantage of the many benefits that can be drawn from the co-existence of our two legal traditions and to ensure that each of them can flourish.

According to Minister McLellan, "The harmonization of federal legislation will improve the application of federal laws in Quebec and will increase the efficiency of courts charged with this responsibility. It will also reaffirm the unique bijural character of Canadian federalism and further recognize civil law’s rightful place beside common law in the statute books of Canada." The Minister added that, "once again, we can see how much the unique character of Quebec society, expressed in this case by its great tradition of civil law, is fundamental to Canada’s well-being."

The Harmonization Bill that was tabled today - the first of a series - harmonizes certain laws relating to security and property law, as well as the Bankruptcy and Insolvency Act, the Federal Real Property Act, and the Crown Liability and Proceedings Act. It also contains other provisions intended to clarify the application of Quebec civil law to federal law on a suppletive basis, amend the Interpretation Act and repeal the pre-Confederation provisions of the 1866 Civil Code of Lower Canada that fall within federal jurisdiction. The Government of Canada plans to harmonize 300 federal laws with Quebec civil law over the next nine years.

Ref.:      Pierre Gratton                   Mario Dion                           
           Minister’s Office                Civil Law Sector                      
           (613) 992-4621                   (613) 941-4073                       

           Louise Sabourin-Hébert
           Civil Code Section
           (613) 941-0375