Bijural Terminology Records

Common Law

alimony

Civil Law

alimentary pension

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

  178. (1) An order of discharge does not release the bankrupt from

  • ...

  • (b) any debt or liability for alimony; ...

Problem

The term "alimony" is not appropriate for civil law in English. The terms used in the French version have a much broader meaning that the term "alimony" which refers only to payments made to a spouse, whereas the terms "pension alimentaire" also cover payments to a former spouse or to children.

Solution

In the English version, the terms "or alimentary pension" are added to reflect civil law.

Harmonized Provision

(Amendment to the English version only)

  178. (1) An order of discharge does not release the bankrupt from

  • ...

  • (b) any debt or liability for alimony or alimentary pension;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 83(1).