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Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4) (as amended up to December 14, 2012)



Federal Law—Civil Law Harmonization Act, No. 1 S.C. 2001, c. 4

Assented to 2001-05-10

A First Act to harmonize federal law with the civil law of the Province 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

Preamble

WHEREAS all Canadians are entitled to access to federal legislation in keeping with the common law and civil law traditions;

WHEREAS the civil law tradition of the Province of Quebec, which finds its principal expression in the Civil Code of Québec, reflects the unique character of Quebec society;

WHEREAS the harmonious interaction of federal legislation and provincial legislation is essential and lies in an interpretation of federal legislation that is compatible with the common law or civil law traditions, as the case may be;

WHEREAS the full development of our two major legal traditions gives Canadians enhanced opportunities worldwide and facilitates exchanges with the vast majority of other countries;

WHEREAS the provincial law, in relation to property and civil rights, is the law that completes federal legislation when applied in a province, unless otherwise provided by law;

WHEREAS the objective of the Government of Canada is to facilitate access to federal legislation that takes into account the common law and civil law traditions, in its English and French versions;

AND WHEREAS the Government of Canada has established a harmonization program of federal legislation with the civil law of the Province of Quebec to ensure that each language version takes into account the common law and civil law traditions;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title Short title

1 This Act may be cited as the Federal Law—Civil Law Harmonization Act, No. 1.

PART 1

Federal Law and Civil Law of the Province of Quebec Title Title

2 This Part may be cited as the Federal Law and Civil Law of the Province of Quebec Act.

Civil Code of Lower Canada Provisions repealed

3 (1) The provisions of the Civil Code of Lower Canada, adopted by chapter 41 of the Acts of 1865 of the legislature of the Province of Canada, entitled An Act respecting the Civil Code of Lower Canada, are repealed in so far as they relate to subjects that fall within the legislative competence of Parliament and have not been expressly repealed.

Interpretation Act

(2) The Interpretation Act applies to the repeal referred to in subsection (1).

Marriage Substitution

4 Sections 5 to 7, which apply solely in the Province of Quebec, are to be interpreted as though they formed part of the Civil Code of Québec.

Consent required

5 Marriage requires the free and enlightened consent of two persons to be the spouse of each other. 2001, c. 4, s. 5 2005, c. 33, s. 9

Minimum age

6 No person who is under the age of sixteen years may contract marriage.

Monogamy

7 No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null.

PART 2

Amendments to the Interpretation Act 8 [Amendment]

PART 3

Amendments to the Federal Real Property Act 9 to 24 [Amendments]

PART 4

Amendments to the Bankruptcy and Insolvency Act 25 to 33 [Amendments]

PART 5

Amendments to the Crown Liability and Proceedings Act 34 to 52 [Amendments]

PART 6

Miscellaneous Amendments to Other Acts 53 to 128 [Amendments]

PART 7

Consequential Amendments 129 to 173 [Amendments]

PART 8

Coordinating Amendments 174 [Repealed, 2012, c. 31, s. 403]

175 and 176 [Amendments]

PART 9

Transitional Provision and Coming into Force Transitional Provision Bankruptcy and Insolvency Act — secured creditor

177 (1) The definition secured creditor in subsection 2(1) of the Bankruptcy and Insolvency Act, as enacted by section 25 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

Bankruptcy and Insolvency Act — par. 136(1)(e)

(2) Paragraph 136(1)(e) of the Bankruptcy and Insolvency Act, as enacted by section 31 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

Bankruptcy and Insolvency Act — par. 178(1)(d)

(3) Paragraph 178(1)(d) of the Bankruptcy and Insolvency Act, as enacted by section 32 of this Act, applies only to bankruptcies in respect of which proceedings are commenced after the coming into force of that section.

Coming into Force Coming into force

178 The provisions of this Act, other than Part 8, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Part 8 in force on assent May 10, 2001; Act, other than Part 8, in force June 1, 2001, see SI/2001-71.]

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