Bijural Terminology Records

Common Law

agent

Civil Law

mandatary

Title of the Legislative Text

Pesticide Residue Compensation Act, R.S.C. (1985), c. P-10

Provision

  3. (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • ...

  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, his employee or agent, or of a previous owner of the land on which the product was grown, or that previous owner's employee or agent.

Problem

Only common law terminology ("agent") is used in the English version.

Solution

In the English version, the term "mandatary" is added after the term "agent" to correspond, in civil law, to the common law concept of "agent". No amendment is required to the French version, since the term mandataires is appropriate for both civil law and common law.

Harmonized Provision

  3. (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • ...

  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, the farmer's employee, agent or mandatary or of a previous owner of the land on which the product was grown, or that previous owner's employee, agent or mandatary.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 115

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