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Federal Law—Civil Law Harmonization Act, No. 1

A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law

Canada (Federal)· F-7.5· 22 sections· current to 2012-12-14In force

Bills that amended this Act0

No published amendment links yet for this Act.

Sections22

  • 1Short title

    This Act may be cited as the Federal Law—Civil Law Harmonization Act, No. 1.

  • 2Title

    This Part may be cited as the Federal Law and Civil Law of the Province of Quebec Act.

  • 3Provisions repealed
  • 3(1)

    The provisions of the Civil Code of Lower Canada, adopted by chapter 41 of the Acts of 1865 of the legislature of the Province of Canada, entitled An Act respecting the Civil Code of Lower Canada, are repealed in so far as they relate to subjects that fall within the legislative competence of Parliament and have not been expressly repealed.

  • 3(2)Interpretation Act

    The Interpretation Act applies to the repeal referred to in subsection (1).

  • 4Substitution

    Sections 5 to 7, which apply solely in the Province of Quebec, are to be interpreted as though they formed part of the Civil Code of Québec.

  • 5Consent required

    Marriage requires the free and enlightened consent of two persons to be the spouse of each other.

  • 6Minimum age

    No person who is under the age of sixteen years may contract marriage.

  • 7Monogamy

    No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null.

  • 8

    [Amendment]

  • 9 to 24

    [Amendments]

  • 25 to 33

    [Amendments]

  • 34 to 52

    [Amendments]

  • 53 to 128

    [Amendments]

  • 129 to 173

    [Amendments]

  • 174Repealed

    [Repealed, 2012, c. 31, s. 403]

  • 175 and 176

    [Amendments]

  • 177Bankruptcy and Insolvency Act — secured creditor
  • 177(1)

    The definition secured creditor in subsection 2(1) of the Bankruptcy and Insolvency Act, as enacted by section 25 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

  • 177(2)Bankruptcy and Insolvency Act — par. 136(1)(e)

    Paragraph 136(1)(e) of the Bankruptcy and Insolvency Act, as enacted by section 31 of this Act, applies only to bankruptcies or proposals in respect of which proceedings are commenced after the coming into force of that section, but nothing in this subsection shall be construed as changing the status of any person who was a secured creditor in respect of a bankruptcy or a proposal in respect of which proceedings were commenced before the coming into force of that section.

  • 177(3)Bankruptcy and Insolvency Act — par. 178(1)(d)

    Paragraph 178(1)(d) of the Bankruptcy and Insolvency Act, as enacted by section 32 of this Act, applies only to bankruptcies in respect of which proceedings are commenced after the coming into force of that section.

  • *178Coming into force

    The provisions of this Act, other than Part 8, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Part 8 in force on assent May 10, 2001; Act, other than Part 8, in force June 1, 2001, see SI/2001-71.]