Bijural Terminology Records

Common Law

executing officer

Civil Law

executing officer

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

2. "sheriff" includes bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor; ....

Problem

To avoid any confusion that could result from the use of the term "sheriff" in the English version, it is preferable for the benefit of the civil law audience in English to define the neutral terms "executing officer" and include the "sheriff" in the definition. The Sheriff is one type of executing officer in civil law.

Solution

In the English version, the definition of "sheriff" is replaced by a new definition of "executing officer" , in which the term "sheriff" is included.

Harmonized Provision

(Amendment to the English version only)

2. "executing officer" includes a sheriff, a bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s.2 (3) and (8).

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