Bijural Terminology Records

Common Law

receiver

Civil Law

sequestrator

Title of the Legislative Text

Canada Business Corporations Act, R.S.C., 1985, c. C-44.

Provision

2. (1) ...

"personal representative" means a person who stands in place of and represents another person including, but not limited to, a trustee, an executor, an administrator, a receiver, an agent, a liquidator of a succession, a guardian, a tutor, a curator, a mandatary or an attorney;

Problem

Only common law terminology ("receiver") is used in the English version. The corresponding civil law concept is "sequestrator".

The problem does not arise in the French version because "séquestre" refers to both the civil law and the common law concept.

Solution

In the English version, "or sequestrator" is added.

Harmonized Provision

(Amendment to the English version only)

2. (1) ...

"personal representative" means a person who stands in place of and represents another person including, but not limited to, a trustee, an executor, an administrator, a liquidator of a succession, an administrator of the property of others, a guardian or tutor, a curator, a receiver or sequestrator, an agent or mandatary or an attorney;

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 13(1).

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