Department of Justice

BILL INTRODUCED TO HARMONIZE FEDERAL LEGISLATION WITH QUEBEC CIVIL LAW

OTTAWA, May 11, 2000 - Today, on behalf of The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, the Honourable Daniel Hays, Deputy Leader of the Government in the Senate, tabled a bill to harmonize federal legislation with Quebec civil law. The Harmonization Bill - the first of a series - harmonizes certain federal laws that deal with provincial private law to ensure that they integrate the terminology, concepts and institutions of Quebec civil law.

"The co-existence of two of the world's major legal traditions in Canada - civil law and common law - is an undeniable asset to all Canadians: it strengthens our justice system and allows us to better understand the legal systems of other countries, which are based on one or the other of these legal traditions," Senator Hays said. Equally important, 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," added the Senator.

The Harmonization Program was implemented by the Department of Justice Canada after the coming into force of the Civil Code of Quebec in 1994. The reform of the Civil Code 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 of Justice the opportunity to review the concept of the co-existence of our two legal systems in federal laws.

The Harmonization Bill harmonizes 48 federal laws. It also amends the Interpretation Act to add provisions that recognize the co-existence of Canada's two legal traditions, repeals the pre-Confederation provisions of the Civil Code of Lower Canada, 1866 dealing with issues that fall under the jurisdiction of the Parliament of Canada since 1867 and replaces pre-Confederation provisions of the Civil Code of Lower Canada regarding marriage.

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Ref.:

Farah Mohamed
Minister's Office
(613) 992-4621

Alain Bisson
Civil Code Section
(613) 946-8959