Bijural Terminology Records

Common Law

every person responsible

Civil Law

every person responsible

Title of the Legislative Text

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

Provision

  5. (1) No payment of compensation shall be made to a farmer pursuant to this Act in respect of a loss suffered by him by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister deems necessary

  • ...

  • (b) to pursue any legal action that the farmer may have against

    • ...

    • (ii) any person whose act or omission resulted in or contributed to the presence of the pesticide residue in or on the product.

Problem

There is a disparity between linguistic versions. The French version uses the notion of liability without describing its components, whereas the English version refers to the person whose act or omission resulted in the presence of pesticide residue.

Solution

In the English version, the phrase "any person whose act or omission resulted in or contributed to" is replaced by the phrase "every person responsible for".

Harmonized Provision

  5. (1) No payment of compensation shall be made to a farmer under this Act in respect of a loss suffered by the farmer by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister considers necessary

  • ...

  • (b) to pursue any legal action that the farmer may have against

    • ...

    • (ii) every person responsible for the presence of the pesticide residue in or on the product.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 116

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