Bijural Terminology Records

Common Law

n/a

Civil Law

authentic copy

Title of the Legislative Text

Canada Business Corporations Act, R.S.C., 1985, c. C-44.

Provision

51. ...

(7) ...

  • (b) in the case of transmission by notarial will in the Province of Quebec, a copy thereof authenticated pursuant to the laws of that Province,

Problem

Quebec civil law uses the concept of "authentic copy/copie authentique" rather than "copy thereof authenticated/copie certifiée authentique". An authentic act is received or attested by a competent public officer according to the laws of Quebec or Canada, in compliance with the formalities required by law. The concept of certification refers to the possibility of certifying that a copy of an ordinary document, as opposed to an authentic document, is a faithful and accurate reproduction of the original.

Solution

In the English version, "a copy thereof authenticated pursuant to" is replaced by "an authentic copy established in accordance with".

In the French version, "certifiée" is deleted.

Harmonized Provision

51. ...

(7) ...

  • (b) in the case of transmission by notarial will in Quebec, an authentic copy established in accordance with the laws of that province,

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 31(4).