INTRODUCTION OF SECOND BILL TO HARMONIZE FEDERAL LEGISLATION WITH THE CIVIL LAW OF THE PROVINCE OF QUEBEC

OTTAWA, May 13, 2004 - The Minister of Justice and Attorney General of Canada, Irwin Cotler today introduced a bill to harmonize federal law with the civil law of the Province of Quebec.

"The existence in Canada of two legal systems - the civil law in Quebec and the common law in the rest of the provinces - is a cause for pride. Bijuralism opens a window for Canada to 75 per cent of the world's countries, which have legal systems derived from these two traditions. This bill will contribute to the respect for civil law and common law in both official languages," said Minister Cotler. "It will also ensure better access to justice for all Canadians by making federal legislation more efficient and effective."

This bill is the second in a series of harmonization bills to be presented for adoption by the Parliament of Canada. It is designed to harmonize certain federal laws, which interact with provincial private law, with the civil law of the Province of Quebec. It will ensure that the federal laws it amends are fully consistent with Quebec civil law concepts and institutions, while also taking into consideration the terminology of the common law in French.

The bill tabled today is designed to continue or complete the harmonization of 26 federal laws. This should improve the efficiency and clarity of federal legislation and make federal statutes and regulations more accessible in accordance with the legal traditions of each province. The full development of our two legal traditions gives Canadians a window on the world and facilitates international exchanges.

Harmonization work was undertaken by the Department of Justice Canada after the Civil Code of Québec came into force in 1994. The reform of Quebec civil law has had a significant impact on the application of federal laws and regulations that deal with provincial private law. This reform has given the Department the opportunity to review federal legislation in order to improve its application when it interacts with provincial private law.

The first harmonization bill (S-4) was tabled on January 31, 2001. The Federal Law-Civil Law Harmonization Act No. 1 (S.C. 2000, c. 4) came into force on June 1, 2001.

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Backgrounder: A Second Bill to Harmonize Federal Law with the Civil Law of the Province of Quebec

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