Bijural Terminology Records

Common Law

representative

Civil Law

representative

Title of the Legislative Text

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

Provision

  26. (3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies thereof made by the Superintendent, the bankrupt or any creditor or their agents at any reasonable time.

Problem

The term "mandataire" used in the French version is derived from the concept of "mandat" which has a specific and more limited meaning in civil law than the concepts of "agent" and "agency" in common law. Given the context and broad scope of this provision, the generic term "representative/représentant" is preferable as it is sufficiently broad to cover all cases in both systems where a person acts on behalf of another.

Solution

In the English version, the term "agents" is replaced by "representative". In the French version, the term "mandataires" is replaced by "représentants".

Harmonized Provision

  26. (3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies of them made by the Superintendent, the bankrupt or any creditor or their representative at any reasonable time.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 21.