Bijural Terminology Records

Common Law

fault

Civil Law

fault

Title of the Legislative Text

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

Provision

   3. (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • ...
  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, his employee or agent, or of a previous owner of the land on which the product was grown, or that previous owner's employee or agent.
Problem

There is a disparity between linguistic versions caused by the fact that, in the English version, absence of fault is a condition for obtaining compensation, whereas the term imputable, in the French version, does not necessarily imply fault.

Solution

In the French version, the term n'est pas imputable à is replaced by the phrase ne résulte pas de la faute de to better reflect the English version.

Harmonized Provision

(amendment to the French version only)

  3. (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • ...
  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, his employee or agent, or of a previous owner of the land on which the product was grown, or that previous owner's employee or agent.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 115

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