Bijural Terminology Records

Common Law

gross negligence or wilful misconduct

Civil Law

gross or intentional fault

Title of the Legislative Text

National Energy Board Act , R.S.C (1985), c. N-7

Provision

  86. (2) A company may not acquire lands for a pipeline under a land acquisition agreement unless the agreement includes provision for

  • ...

  • (d) indemnification from all liabilities, damages, claims, suits and actions arising out of the operations of the company other than liabilities, damages, claims, suits and actions resulting from gross negligence or wilful misconduct of the owner of the lands;

Problem

Only civil law terminology is used in the French version ( faute lourde ou volontaire) and only common law terminology is used in the English version ("gross negligence or wilful misconduct").

Solution

Harmonization is achieved by making a distinction between the norm applicable in Quebec and that which is applicable in the other provinces. In the first case, to better reflect civil law terminology, the term intentionnelle replaces the term volontaire in the French version and the phrase "gross or intentional fault" is added to the English version. In the second case, the phrase négligence grossière ou d'inconduite délibérée is added to better reflect the common law in French.

Harmonized Provision

  86. (2) A company may not acquire lands for a pipeline under a land acquisition agreement unless the agreement includes provision for

  • ...

  • (d) indemnification from all liabilities, damages, claims, suits and actions arising out of the operations of the company other than liabilities, damages, claims, suits and actions resulting from

    • (i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and

    • (ii) in any other province, the gross negligence or wilful misconduct of the owner of the lands;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 104  

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