Bijural Terminology Records

Common Law

tort

Civil Law

fault

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50

Provision

   3. The Crown is liable in tort for the damages for which, if it were a private person of full age and capacity, it would be liable

  • (a) in respect of a tort committed by a servant of the Crown; or
  • (b) in respect of a breach of duty attaching to the ownership, occupation, possession or control of property.
Problem

Only common law concepts relating to civil liability are used in both linguistic versions of the provision.

Solution

Section 3 was rewritten to make it bijural. Terminology and concepts appropriate for both civil law and common law are used in different paragraphs to facilitate the application of the Act in every province.
For Quebec, subparagraph 3(1)(a)(i) indicates that the liability of the Crown results from the fault of its servants. For the common law provinces, Crown liability is based on "tort" / délits civils committed by its servants (subpar. 3(1)(b)(ii)).

In relation to liability concerning property, subparagraph 3(1)(a)(ii) indicates that in Quebec, the Crown's liability arises from the act of a thing of which it is custodian or owner. The corresponding concepts of this clause for the common law provinces are found in subparagraph 3(1)(b)(ii).

Harmonized Provision

  3. The Crown is liable for the damages for which, if it were a person, it would be liable

  • (a) in the Province of Quebec, in respect of
    • (i) the damage caused by the fault of a servant of the Crown, or
    • (ii) the damage resulting from the act of a thing in the custody of or owned by the Crown or by the fault of the Crown as custodian or owner; and
  • (b) in any other province, in respect of
    • (i) a tort committed by a servant of the Crown, or
    • (ii) a breach of duty attaching to the ownership, occupation, possession or control of property.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 36

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