Bill S-12 explained in plain English
A third Act to harmonize federal law with the civil law 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
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 3rd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-12 harmonizes federal law with Quebec's civil law by amending numerous statutes to ensure consistency between common law and civil law principles in both official language versions.
Bill S-12, also known as the Federal Law–Civil Law Harmonization Act, No. 3, aims to align federal laws with Quebec's civil law system. It amends various acts, including the Canada Business Corporations Act and the Expropriation Act, to ensure that both English and French versions of the laws accurately reflect both common law and civil law principles. The bill introduces changes to definitions, procedures, and legal interpretations across several federal statutes to achieve this harmonization.
- Amends various federal statutes to align them with Quebec's civil law principles.
- Ensures that both English and French versions of federal laws take into account both common law and civil law.
- Modifies definitions and legal interpretations in affected statutes to reflect civil law concepts.
- Introduces consequential amendments to several acts, including the Expropriation Act, to support the harmonization effort.
- Federal government departments and agencies
- Businesses operating under federal statutes
- Corporations and cooperatives
- Individuals involved in legal and business transactions governed by federal law
- Legal professionals
- Property owners affected by expropriation
- Shareholders and creditors of corporations
- Members of cooperatives
- Clarifies the rights and obligations of parties in legal and commercial transactions within the context of both common law and civil law.
- Establishes new definitions and interpretations for legal terms to ensure consistency.
- Modifies procedures for government processes such as expropriation and the issuance of public documents.
- The specific commencement date for these amendments is not detailed in the provided text.
- The full impact of harmonizing federal law with Quebec civil law across all affected statutes will depend on the interpretation and application of these changes in specific legal contexts.
Changes how successors and associates of board of trade members are described, and modifies how arbitration submissions are processed.
Source: Sections 2 and 3
Updates definitions and terminology related to agents, mandataries, and other roles within the bank, and clarifies provisions related to property acquisition, security interests, borrowing powers, agreements, and privileged information.
Source: Sections 4 to 12
Modifies definitions for terms like 'personal representative', 'security interest', and 'mandatary' to align with civil law concepts. It also changes rules regarding beneficial ownership, corporate capacity, directors' powers, shareholder lists, transfer validity, fiduciary duties, acquisition of securities, and the roles of agents and mandataries.
Source: Sections 13 to 71
Alters definitions for 'personal representative', 'security interest', 'call option', 'put option', and 'proxy' to better integrate with civil law principles. It also adjusts rules concerning membership shares, cooperative powers, auditor qualifications, and the application of the Expropriation Act to cooperatives.
Source: Sections 72 to 118
Amends the definition of 'product' and clarifies the liability of corporate officers, directors, and agents for offences committed under the Act.
Source: Sections 119 to 121
Modifies provisions related to the accreditation of meter verifiers, the appointment of persons to administer the Act, and the procedures for claiming interests in forfeited meters.
Source: Sections 122 to 126
Introduces significant changes to definitions and procedures related to expropriation, including updates to terms like 'land', 'registrar', 'expropriated interest or right', and 'owner'. It also modifies processes for providing notice of intention to expropriate, confirming intentions, calculating compensation, and handling abandoned expropriations.
Source: Sections 127 to 153
Amends the definition of 'dealer' to include directors, managers, officers, or mandataries of a person.
Source: Section 154
Modifies the process for correcting defective letters patent or other documents issued under the Great Seal or Privy Seal.
Source: Section 155
Changes the powers of the Council regarding the acquisition and disposal of real property and other assets.
Source: Section 156
Clarifies the proof required in prosecutions for offences under the Act, specifically regarding the actions of employees or agents.
Source: Section 157
Amends provisions related to unlawful disposition of devices and clarifies the liability of corporate officers, directors, and agents for offences committed under the Act.
Source: Sections 158 to 160
Deems land or interests in land, for which permission is granted under this Act, to be an interest in land or immovable real right for the purposes of the Expropriation Act, with references to the Crown being construed as references to the permitted person.
Source: Section 161
Deems land or interests in land, for which expropriation is approved under this Act, to be an interest in land or immovable real right for the purposes of the Expropriation Act, with references to the Crown being construed as references to the company.
Source: Section 162
Deems land or interests in land, for which expropriation is approved under this Act, to be an interest in land or immovable real right for the purposes of the Expropriation Act, with references to the Crown being construed as references to the Commission.
Source: Section 163
Applies section 4.1 of the Expropriation Act to persons requiring interests in land for international bridges or tunnels, treating them as railway companies for the purpose of seeking expropriation.
Source: Section 164
Consequential amendments are made to this Act.
Source: Section 161
Section 163 of this bill is repealed if section 201 of the Canada Marine Act comes into force before section 163.
Source: Section 165(2)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
On 20 October 2010, the Leader of the Government in the Senate introduced Bill S-12, A third Act to harmonize federal law with the civil law 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 (Federal Law-Civil Law Harmonization Act, No. 3) in the Senate and it was given first reading. Bill S-12 seeks to make harmonization changes to 12 statutes, including the Canada Business Corporations Act and the Expropriation Act. This is the third harmonization bill to be tabled by the Government and it is part of the harmonization work that was begun by the Department of Justice Canada after the Civil Code of Québec came into force in 1994. The coming into force in 1994 of the Civil Code of Québec, which replaced the Civil Code of Lower Canada, 1866, had a significant impact on the application of federal statutes and regulations that refer to the province's private law. Harmonization of federal legislation with the civil law of Quebec was undertaken in order to prevent difficulties in applying federal legislation arising from the reform of the Civil Code of Québec. Harmonization involves reviewing all federal legislation the application of which requires reliance on provincial private law. Where necessary, harmonization changes ensure that federal legislation integrates the terminology, concepts and institutions of Quebec civil law. French common law terminology is also taken into account in this process.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
Bill S-12, concerning the harmonization of federal law with Quebec's civil law, completed its First Reading in the Senate on October 20, 2010, and subsequently moved through various procedural stages in both the Senate and the House of Commons.
This artifact details the procedural stages of Bill S-12 in the Senate, beginning with its First Reading on October 20, 2010. It outlines subsequent readings, committee considerations, and third reading in the Senate, as well as its progression to the House of Commons where it reached the Second Reading stage. The record also notes speeches made by Senator Claude Carignan (Sponsor) and Senator Céline Hervieux-Payette (Response) during the Senate's Second Reading.
On October 20, 2010, Bill S-12 received first reading in the Senate as part of a broader sitting that included other procedural matters and debates.
This artifact is a record of a Senate sitting on October 20, 2010, where Bill S-12, "A third Act to harmonize federal law with the civil law 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," was introduced and received first reading. The sitting also included statements from senators on various topics, tabling of reports, question period concerning the 2011 census and missing/murdered Aboriginal women, and continuation of debates on other bills. For Bill S-12 specifically, the procedural step of first reading was completed, and the bill was scheduled for second reading. There was no debate or discussion about the substance of Bill S-12 itself recorded in this artifact. The artifact primarily details the procedural step of introducing the bill and scheduling its next stage.
This record outlines the progression of Bill S-12 through its second reading and subsequent stages in the Senate, leading to its introduction in the House of Commons.
This artifact details the procedural stages of Bill S-12 in the Senate. It notes that the bill completed its second reading in the Senate on October 27, 2010, with a sponsor's speech by Claude Carignan. A response speech was given by Céline Hervieux-Payette on November 18, 2010. The bill then proceeded to committee consideration and third reading in the Senate before moving to the House of Commons for first reading on December 15, 2010. The bill's current status is indicated as being at second reading in the House of Commons.
On October 27, 2010, the Senate debated various topics including Bill S-12 concerning legal harmonization, issues of national and international importance, and parliamentary reform, with the debate on Bill S-12 being adjourned.
On October 27, 2010, the Senate of Canada held a sitting where various matters were discussed, including statements on Acadian heritage, poverty in the North, the mission in Afghanistan, and congratulations for a wedding anniversary. The Senate also addressed questions during Question Period on the Truth in Sentencing Act, the Potash Corporation of Saskatchewan takeover bid, the Canadian Council on Learning, official development assistance reports, and Rights & Democracy. A significant portion of the sitting was dedicated to the debate on Bill S-12, "A third Act to harmonize federal law with the civil law 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." The debate for Bill S-12 was adjourned. Other debated items included parliamentary reform, the benefits of Canada's oil sands, and a report from the Human Rights Committee. The sitting concluded with the adjournment of the Senate.
In a Senate debate on October 27, 2010, the sponsor of Bill S-12, a bill to harmonize federal law with Quebec's civil law, delivered a speech, and the debate was subsequently adjourned.
This artifact is a record of a Senate debate on October 27, 2010. The main business discussed related to Bill S-12, a bill to harmonize federal law with Quebec's civil law. The Sponsor of the bill, Senator Claude Carignan, gave a speech explaining the bill's purpose and history. Other discussions included topics such as poverty, the mission in Afghanistan, a 59th wedding anniversary, the Truth in Sentencing Act, the Potash Corporation of Saskatchewan takeover bid, the Canadian Council on Learning, official development assistance, the Rights & Democracy organization, funding for northern projects, hydroelectric power generation, and parliamentary reform. The debate on Bill S-12 was adjourned.
The Senate completed a sitting on November 18, 2010, which included passing Bill S-12 at second reading, continuing debates on other bills and inquiries, and making various statements.
This document is a record of a Senate sitting on November 18, 2010. During this sitting, the Senate continued debates on Bill C-36 (Canada Consumer Product Safety Bill) and an inquiry on the impact of dementia. The Senate also passed Bill S-12 (Federal Law—Civil Law Harmonization Bill, No. 3) at second reading and referred it to committee. Other proceedings included tabling committee reports, introducing a new bill (Bill S-225), and notices of inquiries. Several senators also made statements on various topics, including financial audits, migrant agricultural workers, and remembering various deceased individuals.
During the Senate's second reading debate on November 18, 2010, Senator Céline Hervieux-Payette spoke in support of Bill S-12, emphasizing its importance in harmonizing federal law with Quebec's civil law tradition and celebrating Canada's bijural and bilingual nature, after which the bill was read a second time and referred to committee.
This Senate debate record from November 18, 2010, concerns Bill S-12, "A third Act to harmonize federal law with the civil law 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." During the Senate's second reading debate, Senator Céline Hervieux-Payette spoke in favour of the bill. She highlighted that this bill is the third in a series aimed at aligning federal laws with Quebec's civil law tradition, emphasizing Canada's unique bijural (two legal systems) and bilingual nature. She explained that this harmonization process is essential for respecting Quebec's legal system within the Canadian confederation and for understanding international legal systems, as common law and civil law are prevalent globally. The debate also touched upon the historical context of Quebec's civil law, its enshrinement in the Constitution, and the ongoing efforts since 1978 to ensure federal legislation respects both legal traditions. Senator Hervieux-Payette concluded by stating that Bill S-12 demonstrates Canada's commitment to its bijural system, its two official languages, and its respect for Quebecers, ultimately benefiting all Canadians by strengthening national unity and respecting provincial cultures and institutions. The Senate then adopted the motion for second reading of Bill S-12, referring it to the Standing Senate Committee on Legal and Constitutional Affairs for further study.
Bill S-12 completed its consideration in a Senate committee in December 2010 before moving to third reading in the Senate, while also being at second reading in the House of Commons.
This artifact describes the stage of Bill S-12 where it was considered in a Senate committee. The committee stage in the Senate for this bill occurred on multiple dates in December 2010, concluding on December 9, 2010. Following this, the bill proceeded to third reading in the Senate. The artifact also notes the bill's status as being at second reading in the House of Commons and its latest activity, which was first reading in the House of Commons on December 15, 2010.
The Senate Legal and Constitutional Affairs Committee presented its report on Bill S-12, indicating the bill was ready for third reading.
On December 9, 2010, the Senate of Canada was in session. The Senate Legal and Constitutional Affairs Committee presented its fourteenth report on Bill S-12, which aims to harmonize federal law with Quebec's civil law and amend certain acts to account for both common and civil law in each language version. The committee reported the bill without amendment. The Senate then placed the bill on the Orders of the Day for third reading at the next sitting.
Bill S-12 completed its third reading in the Senate on December 14, 2010, before moving to first reading in the House of Commons.
This artifact details the procedural steps of Bill S-12 in the Senate. The bill completed its third reading in the Senate on December 14, 2010. It was subsequently given first reading in the House of Commons on December 15, 2010. The Senate's process included a sponsor's speech on October 27, 2010, and a response speech on November 18, 2010, followed by committee consideration and third reading debates.
The Senate sat on December 13, 2010, where debate on Bill S-12 at third reading was adjourned after an amendment concerning Aboriginal rights was proposed.
This record details a Senate sitting on December 13, 2010. The primary focus related to Bill S-12 was its third reading, with debate adjourned. The sitting also included other routine proceedings, question period discussions on various topics (health, national defence, natural resources, industry, citizenship, justice), and orders of the day covering multiple bills and committee reports. Specifically for Bill S-12, the debate at third reading was adjourned after an amendment was proposed to ensure it does not affect Aboriginal or treaty rights.
The Senate held its third reading debate on Bill S-12, a bill to harmonize federal law with Quebec's civil law, during which an amendment concerning Aboriginal rights was debated and defeated before the bill passed third reading.
This document details a Senate sitting on December 14, 2010, which included Senators' Statements on various topics, Routine Proceedings where committee reports were tabled, Question Period addressing government matters, and Orders of the Day. A key item under Orders of the Day was the third reading of Bill S-12, An Act to harmonize federal law with the civil law of Quebec and to amend certain Acts. This reading included debate on a motion to amend the bill concerning Aboriginal rights, which was ultimately defeated. The sitting concluded with Bill S-12 passing third reading.
Bill S-12 completed its first reading in the House of Commons on December 15, 2010, and is currently at the second reading stage.
This record shows that Bill S-12 completed its first reading in the House of Commons on December 15, 2010. This is an early procedural step where a bill is formally introduced. The bill's status is currently at second reading in the House of Commons, meaning it has moved past first reading.
During the first reading stage in the House of Commons on December 15, 2010, Bill S-12 was formally introduced as part of the routine proceedings.
On December 15, 2010, during the first reading stage in the House of Commons, the House proceeded with routine proceedings and government orders. Several bills were introduced, including "Federal Law-Civil Law Harmonization Act, No. 3" (Bill S-12). The artifact provided is a record of this sitting and does not detail the content or debate of the bill itself, only its procedural introduction. The majority of the sitting was occupied by oral questions and statements by members on various topics, followed by votes on private members' business and routine committee proceedings.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced