Bijural Terminology Records

Common Law

bond

Civil Law

suretyship

Title of the Legislative Text

Seeds Act, R.S.C. (1985), c. S-8

Provision

 4. (1) The Governor in Council may make regulations

  • …

  • (h.5) determining the cases in which and the conditions, including provision of a bond, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

Problem

Only common law terminology is used in the English version ("bond"). In addition, in the French version, the term caution is inappropriate. Caution refers to the person who undertakes, in favour of the creditor, to honour the debtor's obligations when the debtor fails to do so, and not to the contract of cautionnement envisioned by this provision.

Solution

In the French version, the term caution is replaced by cautionnement, which is appropriate for both common law and civil law. In the English version, the term "suretyship" is added for civil law purposes.

Harmonized Provision

 4. (1) The Governor in Council may make regulations

  • …

  • (h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

Federal Law-Civil Law Harmonization Act, No.1, S.C. 2001, c. 4, s. 117