Translation of "rules civil procedure " (English → French) :

Consequently, all civil law rules are codified in Quebec, as are the rules of civil procedure.

(Return tabled) Question No. 334 Hon. Irwin Cotler: With regard to bijuralism and harmonization: (a) what measures are in place to ensure legislative bijuralism across all departments; (b) since the adoption of the “Policy on Legislative Bijuralism”, how has the Department of Justice (i) ensured that all legal counsel in the Department are made aware of the requirements of legislative bijuralism in order for them to be able to take it into account when advising client departments on legislative reforms, (ii) enhanced the capacity of the Legislative Services Branch to draft bijural legislative texts, (iii) undertook, in drafting both versions of every bill and proposed regulation that touches on provincial or territorial private law, to tak ...[+++]e care to reflect the terminology, concepts, notions and institutions of both of Canada’s private law systems; (c) since the adoption of the “Policy for Applying the Civil Code of Quebec to Federal Government Activities”, what measures are in place to ensure (i) changes to Quebec’s Civil Code are known and monitored by the government, (ii) assessment of federal legislation relative to changes to Quebec’s Civil Code, (iii) federal legislation is introduced to reflect, where necessary, changes to the Civil Code of Quebec; (d) with respect to the “Index of Bijuralism and Harmonization Caselaw” found online and indicating its most recent update was June 12, 2012, (i) how often is this page updated, (ii) given that some cases thereupon are from 2013, when was this page last updated, (iii) whose responsibility is it to update this page, (iv) what cases are currently being monitored for potential addition to this page; (e) with respect to cases involving bijuralism and harmonization, (i) in what ways are these made known to the Department, (ii) whose responsibility it is to monitor these cases, (iii), what role does the Federal government play in these cases if a party, (iv) what role does the government play if not a party, (v) who m ...

It must admittedly be observed that neither the Statute of the Court of Justice nor the Rules of Procedure of the Civil Service Tribunal, nor indeed the Rules of Procedure of the Court of Justice or those of the General Court, provide for the imposition of a sanction in the case of refusal to comply with such an order, the only possible response to a refusal being for the court to draw the appropriate inferences from that refusal in the decision closing the case (see, to t ...[+++]hat effect, Case 155/78 M. v Commission [1980] ECR 1797, paragraphs 20 and 21), which is what the Civil Service Tribunal did in the judgment under appeal.

One of the criteria adopted in the Rules of Procedure of the Civil Service Tribunal to distinguish those two categories of measure seems to be the fact that measures of organisation of procedure (covered by Articles 55 and 56 of the Rules) are always addressed to the parties, whereas measures of inquiry (covered by Articles 57 and 58 of the Rules) may also be addressed to third parties.

Thirdly, Mr Meierhofer argues that the Civil Service Tribunal is not required to adopt a measure of organisation of procedure or a measure of inquiry inasmuch as Article 55(2) of its Rules of Procedure provides merely that it ‘may’ order measures of organisation of procedure and Article 58(1) of those Rules provides that measures of inquiry are to be prescribed by the Tribunal.

The differences between the Rules of Procedure of the Civil Service Tribunal and the Rules of Procedure of the General Court in regard to measures of organisation of procedure and measures of inquiry must therefore be recapitulated briefly.