Bijural Terminology Records

Common Law

charge

Civil Law

charge

Title of the Legislative Text

National Energy Board Act, R.S.C. (1985), c. N-7

Provision
 111. (b) subject to the provisions of this Act, the company may create any lien, mortgage, charge or other security on the pipeline or on that part of it.
Problem
There is a disparity between linguistic versions. The notion of "charge" only appears in the English version. This concept, although understood in civil law, is superfluous in the context of this provision. It is, however, necessary for a common law audience.
Solution
In the French version, the word charges is added to better reflect the common law concept of "charge" used in the English version.
Harmonized Provision

(amendment to the French version only)

 111. (b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on the pipeline or on that part of it.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s.105