Bijural Terminology Records

Common Law

charged

Civil Law

charged

Title of the Legislative Text

Labour Adjustment Benefits Act, R.S.C. (1985), c. L-1

Provision

  23. Labour adjustment benefits are not capable of being assigned, charged, attached, anticipated or given as security and, subject to subsections 22(1) and 26(1), any transaction purporting to assign, charge, attach, anticipate or give as security any of those benefits is void.

Problem

The use of the term privilèges in the French version is inappropriate as this notion no longer exists in civil law.

Solution

In the term grevées de privilèges, the term grevées must be maintained because it conveys the meaning of "charged" in both civil and common law in French. The word privilèges is withdrawn because it no longer exists in civil law and the English version of the provision does not refer to it.

Harmonized Provision

(amendment to the French version only)

  23. Labour adjustment benefits are not capable of being assigned, charged, attached, anticipated or given as security and, subject to subsections 22(1) and 26(1), any transaction purporting to assign, charge, attach, anticipate or give as security any of those benefits is void.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 97

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