Legistics est un recueil d’articles portant exclusivement sur les questions de rédaction en anglais des textes législatifs. La nature même de l’ouvrage fait en sorte qu’il n’est offert qu’en anglais.
Section 38 of the Interpretation Act states that "the
name commonly applied to any country, place . . . or thing means the country,
place . . . or thing to which the name is commonly applied, although the name
is not the formal or extended designation thereof."
This provision advocates a
common-sense approach to naming geographical entities in legislation. However,
there are well-established policies and practices governing the writing of
geographical names in federal documents, and it is only logical that federal
legislation abide by them.
These policies and practices are based on the principles set out in Treasury Board Circular 1983-58, which implemented the policy adopted at the time by the Canadian Permanent Committee on Geographical Names (CPCGN) on the treatment of geographical names in federal bilingual documents. TB Circular 1983-58 identified the CPCGN, known today as the Geographical Names Board of Canada (GNBC),[1] as the body responsible for authorizing the geographical names to be used on federal maps. It also recognized the Translation Bureau as the body responsible for determining the treatment of those names in prose texts. Today, the GNBC and the Bureau, along with the Gazetteer of Canada, are the most authoritative sources of information on the writing and translation of Canadian geographical names.
The field of geographical naming is vast and subject to considerable and continuing analysis in Canada. This article provides some basic guidelines for drafters of the English version of legislative texts and identifies the sources they can consult for more detailed information. For practical purposes, geographical names have been divided into four categories:
This is the national and most authoritative repository of official Canadian geographical names, including those authorized by the provinces and territories. It may be consulted on the GNBC web site: http://geonames.nrcan.gc.ca/search/search_e.php.
The information in the Translation Bureau's terminology bank complements that in the Canadian Geographic Names Data Base.
This is a document produced by the GNBC and available for consultation on its web site, under Gazetteers and publications. Its Appendix 3 provides useful and still current guidelines on the writing and translation of geographical names.
This has traditionally been the most authoritative source, but since it is in paper form, it is not as up to date as the first three.
This is a GNBC document available on the GNBC web site that provides detailed rules on the designation and translation of geographical names. See in particular Principles 8, 9 and 12, and Appendices 3 and 5. The information regarding bilingual official names (Principle 1, Note 2) may not be up to date.
Chapter 15 provides extensive information on the subject. The information regarding bilingual official names (15.04, 15.15) may not be up to date.
This glossary, produced jointly by the CPCGN and the Translation Bureau, provides bilingual versions of generics (explained under Geographical features, below). An Addition to the glossary is available on the GNBC web site.
Most geographical entities in Canada have only one official name. However, the treatment of that name in a document depends on whether the entity is an inhabited place or a geographical feature.
Inhabited places - with the exception of those listed in Canada's Geographical Names Approved in English and French and dealt with in part 2 of this article - have only one official name: the name adopted by the provincial or federal authority in whose jurisdiction it is located. The official name, as it appears in the Gazetteer of Canada or the Canadian Geographical Names Data Base, is to be used in both English and French documents. Therefore, the following names should be used in the English version of a legislative text:
Admittedly, this represents a departure from long-standing drafting practice and from usage among the general public, and therefore there may be a psychological barrier to overcome in following the rule. Moreover, there is the practical concern that, in the case of "Québec", at times it may not be clear whether the reference is to the city or the province (although the name of the province is written as "Quebec" in English-language documents). One solution, provided in Termium and considered acceptable by the Geographical Names Board of Canada, is to use, if the context permits, "city (or City) of Québec". Termium and The Canadian Style recommend "city" in reference to the geographical entity and "City" in reference to the corporate entity.
Examples:
The names of geographical features consist of a generic component, which identifies the type of feature, and a specific component, which is the proper name of the feature. In "Buck Lake", for example, "Lake" is the generic and "Buck" is the specific.
Under the federal policy, it is permissible to translate the generic component of the name, but the specific component must always be identical to the one that appears in the Canadian Geographical Names Data Base or the Gazetteer of Canada. For example, "lac Saint-Jean" can be written in English as "Saint-Jean Lake"; "mont Adagio", as "Mount Adagio"; and "rivière Abitibi", as "Abitibi River". The French and English equivalents for many generics are provided in Termium, in the Translation Bureau's Glossary of Generic Terms in Canada's Geographical Names (BT 176) and in the Additions to that glossary provided on the GNBC web site.
This document may be consulted on the GNBC web site: http://geonames.nrcan.gc.ca/search/search_e.php. It should be consulted first, since it is likely to contain the most up-to-date information. See below for a detailed list of its contents.
As mentioned earlier, this is the most comprehensive and authoritative source of information. It contains all official Canadian geographical names.
This terminology bank may provide information that is not available in the above sources or that is complementary to them, and tends to be up to date.
Again, this has traditionally been the most authoritative source, but since it is in published form, it is not as up to date as the first three.
Although most geographical names have only one official form, some have two (English and French). While the accuracy of a geographical name can be checked in the Canadian Geographical Names Data Base or the Gazetteer of Canada, it may not be obvious from those sources whether the name has an official version in the other language.
The best source of information on bilingual official names is Canada's Geographical Names Approved in English and French, which sets out various categories of such names in easy-to-consult lists. English drafters may find the following lists useful:
This is a list of entities (chiefly geographical features) in Canada that have established, well-known names in both English and French. Both names were recognized by Treasury Board Circular 1983-58 as having official status. English drafters should use the English name.
Examples:
| Les Appalaches | Appalachian Mountains |
| Québec | Quebec (the province) |
| Rivière Saint-Jean | Saint John River |
These are the names of entities (mainly bodies of water) shared between Quebec and another province. The portion in Quebec has one official name, and the portion in the other province has another.
Examples:
| In Quebec: | In Newfoundland and Labrador: |
|---|---|
| Mont D'Iberville | Mount Caubvick |
| Lac Des Marets | Cheeseman Lake |
| In Quebec: | In New Brunswick: |
|---|---|
| Cours d'eau Courchesne | Kitchen Brook |
| Rivière Kedgwick | North Branch Kedgwick River |
If both portions of the entity are being referenced in a legislative text, the English drafter should use both names, but make it clear that only one entity is being referred to, as in the following example:
"The licence is valid in respect of the body of water known as Lac Des Marets in Quebec and as Cheeseman Lake in Newfoundland and Labrador."
If the names are being used in a list, similar care should be taken to remove any ambiguity, although the solution may vary with each case.
This is a list of entities (primarily inhabited places) that have an English name and a French name, both of which have been accorded official status by the province. The provincial practice is followed in federal documents. English drafters should use the English name.
Examples:
Caissie Cape (New Brunswick rural
community)
Cap-des-Caissie
French River
(Ontario municipality)
Rivière des
Français
Albert Beach
(Manitoba locality)
Plage Albert
This is a very long list that sets out the names of the features in alphabetical order in both English and French.
The waters in question are those shared with Greenland or with the United States.
This is a long list that sets out, by province, the names of national parks (including proposed national parks), national park reserves, national historic sites of Canada, and heritage canals.
NOTE: The issue of Aboriginal geographical names is currently under review. Questions related to this issue should be addressed to the Director of the Headquarters Legislation Section and the Director of the Headquarters Regulations Section.
This list is available on the
GNBC web site under "Information for translators"(http://geonames.nrcan.gc.ca/info/tra_e.php).
Look under "Names of sovereign states", then "list of English and French
names of sovereign states"
. The list provides a ready reference for the
names of foreign countries. It is updated in consultation with the
Department of Foreign Affairs and International Trade and the Translation
Bureau.
This list, which is produced by the Translation Bureau and may be more up to date than the GNBC list, is available at http://www.bureaudelatraduction.gc.ca/index.php?lang=english&cont=686.
Some foreign geographical names have been standardized in Termium.
Like the above-mentioned List of Independent States, this GNBC document is found on the Board's web site under "Information for translators", then "Names of sovereign states" (http://geonames.nrcan.gc.ca/info/tra_e.php).
To assist with the writing of foreign geographical names not found in the first three sources listed above, the GNBC has approved the Guidelines for Names Outside Canada for Official Canadian Use, which sets out the principles to follow and the types of sources (gazetteers, atlases, etc.) to consult in this field. Although the document does not list specific reference works, the GNBC toponymist consulted in the writing of this article commented favourably on the Times Atlas of the World and the National Geographic atlases with respect to English-language place names, and on the Bordas atlases with respect to French-language place names.