Bijural Terminology Records

Common Law

other interests

Civil Law

pecuniary interests

Title of the Legislative Text

Canada Grain Act, R.S., c. G-10

Provision

  7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or proprietary interest in grain or the carriage of grain, other than as a producer of grain.

Problem

Only common law terminology is used in the two language versions. The common law concept of "proprietary interest" is more broad than the civil law concept of "property right".

Solution

In the English version, the terms "proprietary interest" are replaced by "other interest". In the French version, the terms "détiennent des titres de propriété ou des intérêts pécuniaires sur des grains" are replaced by "ont des intérêts, pécuniaires ou autres, liés aux grains ou au".

Harmonized Provisions

  7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 106.

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