Bijural Terminology Records

Common Law

n/a

Civil Law

act of a thing

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

The provision is rewritten in order to add the appropriate civil law concepts. It now refers to the notion of "act of a thing"/fait des biens.

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