Bijural Terminology Records

Common Law

jointly and severally

Civil Law

solidarily

Title of the Legislative Text

Aeronautics Act, R.S.C. (1985), c. A-2

Provision

  4.4 (5) Where a charge is imposed in respect of an aircraft under this section, both the registered owner and operator of the aircraft are jointly and severally liable for payment of the charge.

Problem

The term "jointly and severally" no longer exists in civil law in English and has been replaced with the term "solidarily".

Solution

In the English version, the term "solidarily" is added to the term "jointly and severally", which is maintained for common law purposes. The French version does not need to be amended since the term solidaires found therein is appropriate for both civil and common law.

Harmonized Provision

  4.4 (5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 53

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