Bijural Terminology Records

Common Law
legal counsel
Civil Law
legal counsel
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision
n/a
Problem

There are several references in the Bankruptcy and Insolvency Act to "solicitors" in the English version and "avocats" in the French version. The term "avocat" refers to the members of the Barreau du Québec or of a Law Society in the common law provinces whereas the term "solicitor" applies only in the common law provinces. It is the provincial legislative assemblies, pursuant to their jurisdiction regarding the administration of justice, which determine who is authorized to give legal advice and to appear before the courts in each province. Therefore the term used to refer to these persons varies from province to province.

Solution

A neutral definition of "legal counsel/conseiller juridique" is added to address the problem created by the variations in the provincial rules and in the terms used to refer to those persons who are authorized by the provincial legislatures to give legal advice.

Harmonized Provision

  2. "legal counsel" means any person qualified, in accordance with the laws of a province, to give legal advice;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 7(7).

Date modified: